An employer shall defend and indemnify its employee for civil damages, penalties, or fines claimed or levied against the employee, provided that the employee: (1) was acting in the performance of the duties of the employee's position; (2) was not guilty of intentional misconduct, willful neglect of the duties of the employee's position, or bad faith; and (3) has not been indemnified by another person for the same damages, penalties, or fines. Subdivision 1 does not apply to: (1) employees of the state or a municipality governed by section 3.736 or 466.07 ; (2) employees who are subject to a contract or other agreement governing indemnification rights; (3) employees and employers who are governed by indemnification provisions under section 302A.521 , 317A.521 , or 322C.0408 , or similar laws of this state or another state specifically governing indemnification of employees of business or nonprofit corporations, limited liability companies, or other legal entities; or (4) indemnification rights for a particular liability specifically governed by other law.
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