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AGREEMENT TO DEFEND PUBLIC OFFICER OR EMPLOYEE, RESERVATION OF RIGHTS
AND NON WAIVER AGREEMENT
WHEREAS, the undersigned public officer or employee is a party defendant in th
2 following action:
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NAME OF CASE: Madhu Sameer v Sameer Khera, et al.
ACTION NO: 1: 17-cv-017 48-DAD-EPG COURT: Eastern District Court of
California
WHEREAS, the undersigned officer or employee claims that the said actio
6 referenced above arose out of acts or omissions which, if they occurred at all, occurred within
7 the course and scope of the officer's or employee's employment with the County of Fresno or o
8 a Judicial District thereof and were not the result of fraud, corruption or malice; and
9 WHEREAS, the undersigned officer or employee has requested that the County o
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ITY OF FRESNO
NO, CALIFORNIA
Fresno undertake his/her defense in said action pursuant to Article 4 (commencing with sectio
825), Chapter 1, Part 2, Division 2.6 of Title 1 of the Government Code and said County i
willing to conduct said defense subject to a reservation of its rights/non waiver agre ement to th
full extent permitted in said provision of the Government Code.
Matters Covered Under this Reservation of Rights:
•Ordinary negligence which occurred within the course and scope of you
employment.
Matters NOT COVERED by the County of Fresno under this Reservation o
Rights/Non-Waiver Agreement:
•Any actions outside the course and scope of your employment.
•Any actions within the course and scope of your employment that were/ar
reckless, grossly negligent, willful, wanton, fraudulent, oppressive,
malicious, arbitrary or capricious.
•Punitive damages (which are not currently alleged in this case)
Pursuant to this agreement, the County of Fresno may take the following actions i
the facts of this case warrant:
1.Seek a declaration of rights and duties regarding its defense and/a
indemnity obligations;
Agreement No. 18-295
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AGREEMENT TO DEFEND PUBLIC OFFICER OR EMPLOYEE, RESERVATION OF RIGHTS
AND NON WAIVER AGREEMENT
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on thi
2 ~ day of June
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, in the County of Fresno, State of California.
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COUNTY OF FRESNO
7 By: --""7"'-------'------
lic Officer or Employee
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ATTEST:
airperson of the Board of
,._.._,.._, e County of Fresno
Bernice E. Seidel
16 Clerk of the Board of Supervisors
County of Fresno, State of California
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19 By: 'rbJ\L f'tf=
-Deputy
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