The Board of Trustees shall not be required to undertake of defend any litigation arising in connection with the Plan, the Trust Agreement or the Fund, unless the Board is first indemnified by the Frankfort Common Council, the Plan Administrator or by the Fund against any prospective costs, expenses and liability in connection therewith, except where the litigation is occasioned by or involves a question of the failure of the Board of Trustees to discharge their duty in accordance with § 35.21.
(Ord. CO-01-17, passed 8-27-01)