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