indemnity or nonexpense incurred basis, or policies that
provide accident only coverage, where payment for such policy
is made solely by the school employee.
(b) Hold harmless.--Neither the Commonwealth nor the board,
including their respective officers, directors and employees,
shall be liable for any claims, demands, actions or liability of
any nature, including, but not limited to, attorney fees and
court costs, based upon or arising out of the operations of the
program, whether incurred directly or indirectly. The eligible
individuals who enroll and participate in the program shall be
deemed to agree, on behalf of themselves and their heirs,
successors and assigns, to hold harmless the Commonwealth and
the board, including their respective officers, directors and
employees, from any claims, demands, actions or liability of any
nature, whether directly or indirectly, including attorney fees
and court costs, based upon or arising out of the operation of
the program.
(c) No recourse.--Under no circumstances shall the assets of
the Commonwealth be liable for or its assets be used to pay any
claims, demands, actions or liability of any nature, whether
directly or indirectly, including, but not limited to, attorney
fees and court costs, based upon or arising out of the operation
of the program.
(d) Reservation of immunities.--Nothing contained in this
chapter shall be construed as a waiver of the Commonwealth's or
board's immunities, defenses, rights or actions arising out of
their sovereign status or from the 11th amendment to the
Constitution of the United States.
(e) Collective bargaining, mediation and binding
arbitration.--Except as otherwise provided in subsection (f),
20150HB0348PN0370 - 56 -
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