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following provisions govern qualified immunity, defense and | | indemnification. |
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| | | A.__The interstate commission's executive director and | | employees are immune from suit and liability, either | | personally or in their official capacity, for any claim | | for damage to or loss of property or personal injury or | | other civil liability caused or arising out of an actual | | or alleged act, error or omission that occurred, or that | | such person had a reasonable basis for believing occurred, | | within the scope of interstate commission employment, | | duties or responsibilities.__Nothing in this paragraph may | | be construed to protect any such person from suit or | | liability for any damage, loss, injury or liability caused | | by the intentional or willful and wanton misconduct of any | | such person. |
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| | | B.__The liability of a commissioner or employee or agent | | of a commissioner, acting within the scope of such peron's | | employment or duties, for acts, errors or omissions | | occurring within such person's state may not exceed the | | limits of liability set forth under the constitution and | | laws of that state for state officials, employees and | | agents.__Nothing in this paragraph may be construed to | | protect any such person from suit or liability for any | | damage, loss, injury or liability caused by the | | intentional or willful and wanton misconduct of any such | | person. |
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| | | C.__The interstate commission shall defend the executive | | director or the employees or representatives of the | | interstate commission and, subject to the approval of the | | attorney general of the state represented by any | | commissioner of a compacting state, shall defend such | | commissioner or the commissioner's representatives or | | employees in a civil action seeking to impose liability, | | arising out of any actual or alleged act, error or | | omission that occurred within the scope of interstate | | commission employment, duties or responsibilities, or that | | the defendant had a reasonable basis for believing | | occurred within the scope of interstate commission | | employment, duties or responsibilities, if the actual or | | alleged act, error or omission did not result from | | intentional or willful and wanton misconduct on the part | | of such person. |
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| | | D.__The interstate commission shall indemnify and hold the | | commissioner of a compacting state, or the commissioner | | representative or employee, or the interstate commission | | respresentative or employee, harmless in the amount of any | | settlement or judgment obtained against such persons arising | | out of any actual or alleged act, error or omission that |
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