2023 New York Laws › PBA - Public Authorities › Article 2 - Park, Parkway and Highway Authorities › Title 9 - New York State Thruway Authority › 357-C - Indemnification and Defense Under Shared Services Agreement.

§  357-c. Indemnification and defense under shared services agreement.
  1.  The authority shall defend any unit, entity, officer or employee  of
  the  department,  using  the forces of the department of law pursuant to
  section three hundred sixty-two of this title in any action, proceeding,
  claim,  demand  or  the  prosecution  of  any  appeal  arising  from  or
  occasioned  by  the  acts  or omissions to act in the performance of the
  functions of the authority pursuant to a shared services agreement.
2. Defense pursuant to  subdivision  one  of  this  section  shall  be
  conditioned upon the full cooperation of the department.
3.  The  authority shall indemnify and hold harmless any unit, entity,
  officer or employee of the department in  the  amount  of  any  judgment
  obtained  against  the department or in the amount of any settlement the
  department enters into with the consent of the authority for any and all
  claims, damages or liabilities arising from or occasioned by the acts or
  omissions to act of the authority or  its  subsidiaries  pursuant  to  a
  shared  services  agreement; provided, however, that the act or omission
  from  which  such  judgment  or  settlement  arose  occurred  while  the
  authority  or  its  subsidiaries  was  acting  within  the  scope of its
  functions pursuant to a shared services agreement. No such settlement of
  any such action, proceeding, claim or demand shall be made  without  the
  approval of the board or its designee.
4. Any claim or proceeding commenced against any unit, entity, officer
  or employee of the authority that arises pursuant to any shared services
  agreement  shall  not  be  construed in any way to impair, alter, limit,
  modify, abrogate or restrict any immunity available to or conferred upon
  any unit, entity, officer or employee of the authority,  or  to  impair,
  alter,  limit,  modify,  abrogate  or  restrict any right to defense and
  indemnification provided for any governmental officer or employee by, in
  accordance with, or by reason  of,  any  other  provision  of  state  or
  federal statutory or common law.
5.  This  section  shall  not  in any way affect the obligation of any
  claimant to give notice to the state and the authority under section ten
  and section eleven of the court of claims act or any other provision  of
  law  provided,  however,  that  notice  served  upon  the  state  or the
  authority shall be valid notice on both parties to the  agreement,  when
  such  claim  arises out of such agreement. The state and authority shall
  notify each other when  they  receive  a  notice  of  claim,  notice  of
  intention to make a claim or a claim arising out of such agreement.
6.  The  provisions  of this section shall not be construed to impair,
  alter, limit or modify the rights and obligations of any  insurer  under
  any insurance agreement.
7.  Notwithstanding any other provision of law, when employed pursuant
  to a shared services agreement, employees  of  the  authority,  and  its
  subsidiaries  and  the  department shall be deemed employees of all such
  entities and the state for purposes of the workers' compensation law.