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HOLD HARMLESS <br /> <br />Each party will indemnify and hold the other harmless from and against any and all claims, <br />actions, damages, liability and expense in connection with loss of life, personal injury and/or <br />damage to property arising from or out of their own acts or omissions or those of their agents, <br />contractors or employees. In general the City will be the responsible party while the inmate is in <br />its custody and control and Barnes County will be the responsible party while the inmate is in its <br />custody and control. Both parties will be responsible for any willful acts or omissions of their <br />agents, contractors or employees resulting in the deprivation of any constitutional rights of an <br />inmate. <br /> <br />MODIFICATION OR CANCELLATION <br /> <br />This contract may be modified or canceled by either party hereto upon xvritten notification and 30 <br />days notice given prior to said modification or cancellation. Contracting Agency has the right to <br />inspect the Barnes County Facility at any time, and inspect their inmate at any time to determine <br />the conditions that exist at said facility, upon giving reasonable notice to the Barnes County <br />Correction Officer on duty. (The intent of this provision is to alloxv the Correctional Officer on <br />duty to make arrangements for another worker, if necessary, to assist Contracting Agency). <br /> <br />TRANSPORTATION <br /> <br />Contracting Agency shall be responsible for the transportation of their inmate to and from the <br />Barnes County facility, and shall transport their inmate to other institutions outside of Valley <br />City, ND, such as the State Hospital in Jamestown, ND, unless other arrangements are made with <br />the Barnes County Sheriff. <br /> MEDIATION <br /> <br />The parties agree that any controversy that may arise between the parties ~vith respect to any <br />rights or liabilities of the parties under this agreement that cannot be resolved informally and <br />promptly through good faith negotiation shall be submitted to a mutually agreeable neutral third <br />party for mediation. The mediation shall consist of an informal non-binding conference or <br />conferences between the parties and the mediator jointly, then in separate caucuses in which the <br />mediator will seek to guide the parties to a resolution of the case. The mediation process shall <br />continue until the case is resolved or until such time as the mediator makes a finding that there is <br />no possibility of resolution. <br /> <br /> <br />