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| 4.__Qualified immunity, defense and indemnification.__The | | following provisions govern qualified immunity, defense and | | indemnification. |
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| | | A.__The members, officers, executive director and employees | | of the interstate commission are immune from suit and | | liability, either personally or in their official capacity, | | for any claim for damage to or loss of property or personal | | injury or other civil liability caused or arising out of an | | actual or alleged act, error or omission that occurred | | within the scope of interstate commission employment, duties | | or responsibilities.__Nothing in this paragraph may be | | construed to protect any such person from suit or liability | | for any damage, loss, injury or liability caused by the | | intentional or willful and wanton misconduct of any such | | person. |
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| | | B.__The interstate commission shall defend the commissioner | | of a compacting state, a commissioner's representatives or | | employees or the interstate commission's representatives or | | employees, in a civil action seeking to impose liability, | | arising out of any actual or alleged act, error or omission | | that occurred within the scope of interstate commission | | employment, duties or responsibilities, or that the | | defendant had a reasonable basis for believing occurred | | within the scope of interstate commission employment, duties | | or responsibilities, if the actual or alleged act, error or | | omission did not result from intentional wrongdoing on the | | part of that person. |
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| | | C.__The interstate commission shall indemnify and hold the | | commissioner of a compacting state, the appointed designee | | or employee or the interstate commission's representative or | | employee, harmless in the amount of any settlement or | | judgment obtained against such a person arising out of any | | actual or alleged act, error or omission that occurred | | within the scope of interstate commission employment, duties | | or responsibilities or that such a person had a reasonable | | basis for believing occurred within the scope of interstate | | commission employment, duties or responsibilities, if the | | actual or alleged act, error or omission did not result from | | gross negligence or intentional wrongdoing on the part of | | that person. |
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| | | §9877.__Activities of interstate commission--Article 7 |
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| | | 1.__Commission actions.__The interstate commission shall meet | | and take such actions as are consistent with the provisions of | | this compact.__Except as otherwise provided in this compact |
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