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<br />7. Indemnity: The decision to lodge a juvenile in the Cass County Detention Facility lies solely with <br /> <br /> <br />BARNES, its employees, agents or assigns, and the liability ofCASS is specifically limited to responsibility for loss <br /> <br /> <br />of inmate's property while in custody, deprivation of an inmate's constitutional rights or for willful acts or omissions <br /> <br /> <br />which result in physical injury or death during the term of detention. Except as stated above, BARNES undertakes <br /> <br /> <br />and does hereby undertake to indemnify CASS from any and all liability, loss or damage CASS may suffer as a <br /> <br /> <br />result of claims, damages, demands, costs, or judgments against it arising out of the detention by CASS of any <br /> <br /> <br />juveniles of BARNES. BARNES agrees to defend any claims brought or actions filed against CASS with respect to <br /> <br /> <br />the subject of this agreement, whether such claims or actions are rightfully or wrongfully brought or filed, and to <br /> <br /> <br />assume all reasonable costs oflitigation, however, CASS must consent to any settlement for which BARNES must <br /> <br /> <br />indemnify CASSo <br /> <br /> <br />8. Inspection of Detention facility: BARNES reserves the right to enter the Detention facility at <br /> <br /> <br />reasonable hours for the purpose of inspecting the same and determining the conditions under which the juveniles <br /> <br /> <br />are housed. Nothing herein shall be construed to absolve BARNES from its statutory and common law obligations <br /> <br /> <br />toward the juveniles of BARNES who may be housed in the Detention facility. <br /> <br /> <br />9. Captions: The captions or headings in this agreement are for convenience only and in no way defme, <br /> <br /> <br />limit or describe the scope or intent of any of the provisions of this agreement. <br /> <br />Page 3 of 4 <br />