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This entry was published on 2014-09-22
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SECTION 89-L
Indemnification
Correction (COR) CHAPTER 43, ARTICLE 4-B
§ 89-l. Indemnification. The city of New York shall indemnify and hold
harmless the state of New York in any action or proceeding arising out
of the construction, maintenance or operation of an alternate
correctional facility which is constructed, maintained or operated in
accordance with the provisions of this article. The obligation to
indemnify and hold harmless imposed herein shall include reasonable
attorneys' fees, court costs, and costs of litigation including witness
fees, incurred by the state of New York in connection with the defense
of any such action or proceeding. Such obligation shall extend to any
expenses incurred by the state of New York pursuant to section seventeen
of the public officers law for the defense and indemnification of state
officers and employees in any action or proceeding arising out of the
construction, maintenance or operation of any such facility constructed,
maintained and operated in accordance with the provisions of this
article and the operating agreement or agreements. The city of New
York's obligation to indemnify and hold harmless the state of New York
shall in no way be construed as relieving the state of its obligation to
comply with any and all orders or injunctions issued by any court of
competent jurisdiction.