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