WARRANTIES AND REPRESENTATIONS As a condition of membership, each Charter LEA member warrants and represents that at no time during such Charter LEA member’s membership in the Charter SELPA shall any such LEA member, directly or indirectly, provide special education funding for the benefit for a for-profit entity. All funding provided through the Charter SELPA shall be treated as a restricted funding source to be expended only for special education or special education services. Nothing contained herein shall be interpreted as prohibiting any Charter LEA member from expending funds for nonpublic agency or nonpublic school purposes for the benefit of children served. STANDARD OF CONDUCT Each Charter LEA member, at all times, shall conduct itself in such a manner as to act in the best interests of all other Charter SELPA members. Charter LEA members shall not engage in any activity or enterprise which would tend to injure or expose the Charter SELPA or any of its members to any significant risk of injury of any kind. No Charter LEA member shall undertake to independently act on behalf of the Charter SELPA or any of its members without express written authorization of the Charter SELPA. RESERVATION OF RIGHTS The RLA shall not be responsible for any Charter LEA member or Charter SELPA obligations or duties of any kind or nature except as explicitly set forth in this Agreement. INDEMNIFICATION AND HOLD HARMLESS To the fullest extent allowed by law, each Charter LEA member agrees to defend, indemnify, and hold harmless the Charter SELPA and other Charter SELPA LEA members, the Office of the San Bernardino County Superintendent of Schools, and each of their respective directors, officers, agency, employees, and volunteers (the Indemnified Parties), from any claim or, demand, damages, losses or expenses (including, without limitation, reasonable attorney fees) that arise in any manner from an actual or alleged failure by a Charter LEA member to fulfill one or more of the Charter LEA member’s obligations except to the extent that such suit arises from the RLA’s negligence. Further, the Charter SELPA shall be responsible for holding harmless and indemnifying the RLA for any costs of any kind or nature arising out of, or related to, this Agreement other than as specifically contemplated herein, except to the extent that such cost arises from the RLA’s negligence. FULL DISCLOSURE Except as otherwise prohibited by law, upon request by the Charter SELPA or any of its members, a Charter SELPA member shall provide any requested information, documents, writings, or information of any sort requested without delay.
Chapter 11 – Admission of LEAs to the Charter SELPA, Charter SELPA
Page 37
As of 04/07/2017
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