§ 357-C — Indemnification and defense under shared services agreement

§ 357-c. Indemnification and defense under shared services agreement.\n1. The authority shall defend any unit, entity, officer or employee of\nthe department, using the forces of the department of law pursuant to\nsection three hundred sixty-two of this title in any action, proceeding,\nclaim, demand or the prosecution of any appeal arising from or\noccasioned by the acts or omissions to act in the performance of the\nfunctions of the authority pursuant to a shared services agreement.\n 2. Defense pursuant to subdivision one of this section shall be\nconditioned upon the full cooperation of the department.\n 3. The authority shall indemnify and hold harmless any unit, entity,\nofficer or employee of the department in the amount of any judgment\nobtained against the department or in the amount of any settlement the\ndepartment enters into with the consent of the authority for any and all\nclaims, damages or liabilities arising from or occasioned by the acts or\nomissions to act of the authority or its subsidiaries pursuant to a\nshared services agreement; provided, however, that the act or omission\nfrom which such judgment or settlement arose occurred while the\nauthority or its subsidiaries was acting within the scope of its\nfunctions pursuant to a shared services agreement. No such settlement of\nany such action, proceeding, claim or demand shall be made without the\napproval of the board or its designee.\n 4. Any claim or proceeding commenced against any unit, entity, officer\nor employee of the authority that arises pursuant to any shared services\nagreement shall not be construed in any way to impair, alter, limit,\nmodify, abrogate or restrict any immunity available to or conferred upon\nany unit, entity, officer or employee of the authority, or to impair,\nalter, limit, modify, abrogate or restrict any right to defense and\nindemnification provided for any governmental officer or employee by, in\naccordance with, or by reason of, any other provision of state or\nfederal statutory or common law.\n 5. This section shall not in any way affect the obligation of any\nclaimant to give notice to the state and the authority under section ten\nand section eleven of the court of claims act or any other provision of\nlaw provided, however, that notice served upon the state or the\nauthority shall be valid notice on both parties to the agreement, when\nsuch claim arises out of such agreement. The state and authority shall\nnotify each other when they receive a notice of claim, notice of\nintention to make a claim or a claim arising out of such agreement.\n 6. The provisions of this section shall not be construed to impair,\nalter, limit or modify the rights and obligations of any insurer under\nany insurance agreement.\n 7. Notwithstanding any other provision of law, when employed pursuant\nto a shared services agreement, employees of the authority, and its\nsubsidiaries and the department shall be deemed employees of all such\nentities and the state for purposes of the workers' compensation law.\n