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B. Intentionally Wronqful Conduct Bevond the Scope of Emnlovment. <br /> Nothing herein shall require, or be interpreted to require indemnification or <br /> sharing in the payment of any judgment against any VSWAT Team <br /> personnel for intentionally wrongful conduct that is outside of the scope of <br /> employment of any individual or for any judgment of punitive damages <br /> against any individual or jurisdiction. Payment of any award for punitive <br /> damages shall be the sole responsibility of the person or jurisdiction that <br /> employs the person against whom such award is rendered. <br /> C. Collective Renresentation and Defense. The jurisdictions may retain joint <br /> legal counsel to collectively represent and defend the jurisdictions in any <br /> legal action. Those jurisdictions retaining joint counsel shall share equally <br /> the costs of such representation or defense. <br /> In the event a jurisdiction does not agree to joint representation, the <br /> jurisdiction shall be solely responsible for all attorneys fees accrued by its <br /> individual representation or defense. <br /> The jurisdictions and their respective defense counsel shall make a good <br /> faith attempt to cooperate with other participating jurisdictions by, <br /> including but not limited to, providing all documentation requested, and <br /> making VSWAT Team members available for depositions, discovery, <br /> settlement conferences, strategy meetings, and trial. <br /> D. Removal From Lawsuit. In the event a jurisdiction or employee is <br /> successful in withdrawing or removing the jurisdiction or employee from a <br /> lawsuit by summary judgment, qualified immunity, or otherwise, the <br /> jurisdiction shall nonetheless be required to pay its equal share of any <br /> award for or settlement of the lawsuit; PROVIDED, however, that in the <br /> event a jurisdiction or employee is removed from the lawsuit and <br /> subsection (A) of this section is satisfied, the jurisdiction shall not be <br /> required to pay any share of the award or settlement. <br /> E. Settlement Process. It is the intent of this Agreement that the jurisdictions <br /> act in good faith on behalf of each other in conducting settlement <br /> negotiations on liability claims or lawsuits so that, whenever possible, all <br /> parties agree with the settlement or, in the alternative, agree to proceed to <br /> trial. In the event a claim or lawsuit requires the sharing of liability, no <br /> individual jurisdiction shall be authorized to enter into a settlement <br /> agreement with a claimant or plaintiff unless all jurisdictions agree with the <br /> terms of the settlement. Any settlement made by an individual jurisdiction <br /> without the agreement of the remaining jurisdictions, when required, shall <br /> not relieve the settling jurisdiction from paying an equal share of any final <br /> settlement or award. <br /> F. Defense Waiver. This section shall not be interpreted to waive any <br /> defense arising out of RCW Title 51. <br /> VALLEY SWAT TEAM 08 -19 -2010 <br /> INTERLOCAL AGREEMENT Page 6 <br />