suit or liability for any damage, loss, injury, or liability
caused by the intentional or willful or wanton misconduct of
that person. The procurement of insurance of any type by the
Commission shall not in any way compromise or limit the immunity
granted hereunder.
2. The Commission shall defend any member, officer, executive
director, employee, and representative of the Commission in any
civil action seeking to impose liability arising out of any
actual or alleged act, error, or omission that occurred within
the scope of Commission employment, duties, or responsibilities,
or as determined by the Commission that the person against whom
the claim is made had a reasonable basis for believing occurred
within the scope of Commission employment, duties, or
responsibilities; provided that nothing herein shall be
construed to prohibit that person from retaining their own
counsel at their own expense; and provided further, that the
actual or alleged act, error, or omission did not result from
that person's intentional or willful or wanton misconduct.
3. Notwithstanding subsection G.1 of this section, should any
member, officer, executive director, employee, or representative
of the Commission be held liable for the amount of any
settlement or judgment arising out of any actual or alleged act,
error, or omission that occurred within the scope of that
individual's employment, duties, or responsibilities for the
Commission, or that the person to whom that individual is liable
had a reasonable basis for believing occurred within the scope
of the individual's employment, duties, or responsibilities for
the Commission, the Commission shall indemnify and hold harmless
such individual, provided that the actual or alleged act, error,
or omission did not result from the intentional or willful or
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