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§ 31.40 NO PRESUMPTION CREATED.
   With respect to the indemnification and defense obligations under §§ 31.38 or 31.39 of this chapter, a termination of the proceeding by judgment, order, settlement, conviction or upon a plea of nolo contendere or its equivalent, shall not by itself create a presumption that the person acted, or failed to act, other that in good faith and in a manner which he or she reasonably believed to be in or not opposed to the best interest of the town, and with respect to any criminal proceeding, shall not by itself create a presumption that the person had reasonable cause to believe that his or her conduct was unlawful.
(Prior Code, § 3-7-6) (Ord. 13-05, passed - -2013)
§ 31.41 PROCEEDING INITIATED BY TOWN.
   The indemnification and defense obligations set forth in this subchapter shall not apply to proceedings initiated by the town to procure a judgment against any person in the town’s favor unless a determination is made pursuant to § 31.43 of this chapter that the requirements of this subchapter have been met. Notwithstanding anything else set forth in this section, if a court enters a judgment that the person’s actions exceeded his or her authority, such person shall reimburse the town for all costs incurred by it in providing the indemnification and/or defense of the proceeding.
(Prior Code, § 3-7-7) (Ord. 13-05, passed - -2013)
§ 31.42 SUCCESS ON THE MERITS.
   To the extent that a person covered by this subchapter has been successful on the merits or otherwise in defense of any proceeding covered by this subchapter or in the defense of any claim, issue or matter therein, he or she shall be indemnified against expenses, including attorney’s fees and costs, actually and reasonably incurred by him or her in connection therewith.
(Prior Code, § 3-7-8) (Ord. 13-05, passed - -2013)
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