and representatives of the Commission shall be immune from
suit and liability, both personally and in their official
capacity, for any claim for damage to or loss of property or
personal injury or other civil liability caused by or arising
out of any actual or alleged act, error, or omission that
occurred, or 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 in this paragraph shall be construed to
protect any such person from 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. The Commission shall indemnify and hold harmless any
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