- Each Trustee, officer, employee, and student appointee of Southern Illinois University, whether or not in office, and the heirs, executors, administrators, and assigns thereof shall be indemnified by the Board of Trustees against all costs and expenses reasonably incurred by or imposed upon such person or such person's estate in connection with or resulting from an action, suit, proceeding, claim, or investigation, civil or criminal, to which such person or such person's estate shall or may be made a party, or with which such person or person's estate shall or may be threatened, by reason, directly or indirectly, of any action or omission to act in the scope of such person's appointment as a Trustee, officer, employee, or student appointee of the University, provided, however: (1) that no such Trustee, officer, employee, or student appointee shall be indemnified against or be reimbursed for any cost or expense arising out of such person's own willful misconduct; (2) that the Trustee, officer, employee, or student appointee has given prompt notice to the Office of the Board of Trustees of the action, suit, proceeding, claim, or investigation or threat of same; (3) that the Trustee, officer, employee, or student appointee has agreed to legal representation by counsel acting on the matter for the Board of Trustees, or in the event of conflict of interest on the part of such counsel by individual counsel acceptable to the Board and its counsel, which acceptance shall not be reasonably withheld; (4) that the cost or expense is not reasonably recoverable from any other source. The costs and expenses against which any Trustee, officer, employee, or student appointee of the University shall be so indemnified shall be those actually paid or for which liability is actually incurred, including sums paid in settlement of any such action, suit, proceedings or claim on advice of competent counsel and with the concurrence of the Board of Trustees, and irrespective of whether such costs or expenses are taxable costs as defined or allowed by statute or rule of court. Said rights of indemnification shall be supplementary to any other rights with respect to any such costs and expenses to which said Trustee, officer, employee, or student appointee may otherwise be entitled against the Board of Trustees or any other persons.
- A Trustee, officer, employee, or student appointee shall not be deemed to have been guilty of willful misconduct in the performance of duty as a Trustee, officer, employee or student appointee, as to any matter wherein such person relied upon the opinion or advice of legal counsel employed or retained by or for the Board of Trustees, or relied upon erroneous information or advice furnished by an officer, or an employee of the University, and which was accepted in good faith from such persons. "Willful misconduct" as the term is used herein includes but is not limited to the intentional violation of a law or of a regulation having the force of law or of the directive of a superior University authority.
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