Any person serving as a volunteeer member of the Wayne State University Foundation Board of Directors, or a committee of the Wayne State University Foundation, or as a non-director volunteer, shall be indemnified and held harmless from all costs, expenses and liabilities incurred by him or her in such capacity, if all of the following are met:

a) The volunteer was acting or reasonably believed he or she was acting within the scope of his or her authority;

b) The volunteer was acting in good faith;

c) the volunteer's conduct did not amount to gross negligence or willful misconduct;

d) the volunteer's conduct was not an intentional tort;

e) the volunteer's conduct was not a tort arising out of the ownership, maintenance, or use of a motor vehicle.

In all such cases, indemnification shall be available only if the University has provided counsel or given written consent to outside counsel.