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<br />-?- <br /> <br />(2) Cooperate with the city attorney in the negotiation <br />of settlements, conduct of suits, and enforcement of <br />any rights of the city or the covered person against <br />any claimant; <br /> <br />(3) Attend depositions, hearings, and trials, and assist <br />in securing evidence and obtaining the attendance of <br />witnesses; <br /> <br />(4) Not, except with the consent of the city attorney, <br />enter into any agreement or stipulation concerning <br />a claim or lawsuit; <br /> <br />(5) Not, except with the consent of the city attorney or <br />upon request of a police officer at the scene of an <br />accident, give any oral or written statement <br />concerning a claim or lawsuit; and, <br /> <br />(6) Not, except at the covered person's own cost, <br />voluntarily make any payment, assume any obligation, <br />or incur any expense with respect to a claim or <br />lawsuit without the consent of the city attorney. <br /> <br />(f) <br /> <br />Coverage under this Section shall not apply <br />or suit brought against a covered person: <br /> <br />to a <br /> <br />claim <br /> <br />(I) By the city; or <br /> <br />(2) Arising out of the intentional or knowing violation <br />of a penal statute or ordinance committed by or with <br />the knowledge and consent of the covered person, or <br />arising out of a fraudulent act committed by or at <br />the direction of the covered person; or, <br /> <br />(3) Arising while the covered person is operating a city <br />vehicle without proper authorization, or while the <br />covered person is operating a city vehicle for <br />personal or private business; or <br /> <br />(4) If the covered person joins or attempts to join a <br />claim against the city under this Section with a <br />claim or suit against the covered person; or <br /> <br />(5) If the employee fails to comply with subsection <br />above. <br /> <br />(e) <br /> <br />(g) The city may investigate, negotiate and settle any claim <br />or suit against a covered person as it determines to be <br />reasonable and prudent. <br /> <br />(h) A covered person, in accepting coVerage under this <br />Section, agrees to allow the city to be subrogated to <br />any rights of the covered person to the extent of the <br />city's obligations and payments under this Section. <br /> <br />(i) If the city attorney determines that there is a conflict <br />between the interests of the city and those of a <br />covered person involving a claim or suit, the city may <br />designate and pay the reasonable fees of a private <br />attorney to represent the covered person. <br /> <br />(j) Nothing in this section shall affect the city's right to <br />take disciplinary action against a covered person for <br />conduct otherwise indemnified or defended by the city <br />under this Section. <br /> <br />PART 2. If any portion of this ordinance is held unconstitutional <br />by a Court of competent jurisdiciton, the remaining provisions hereof <br />shall nevertheless be valid, the same as if the portion or portions <br />held unconstitutional had not been adopted. <br /> <br />PART 3. All ordinances or <br />herewith are hereby repealed. <br /> <br />parts of <br /> <br />ordinances in <br /> <br />conflict <br />