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<br />detention facility. <br /> <br />6. Applicable Law: This agreement is made pursuant to 12-44.1-02 and shall be <br />governed by and construed in accordance with the provisions of the North Dakota Century Code <br />and all rules and regulations promulgated pursuant thereto governing the care and custody of <br />persons detained hereunder. Venue for all legal proceedings arising out of this agreement, or <br />breach thereof, (shall be in the state or federal court with competent jurisdiction in Cass County, <br />North Dakota.) <br /> <br />Inmates, while in the custody of CASS shall be subject to all the provisions oflaw and <br />regulations applicable to the inmates conduct and applicable to persons sentenced for violations <br />oflaw to the JAIL not inconsistent with the sentence imposed. <br /> <br />7. Indemnity: CLAY undertakes and does hereby undertake to indemnify and defend <br />CASS from any and all liability, loss or damage CASS may suffer as a result of claims, damages, <br />demands, costs, or judgments against it arising out of the detention by CASS of any prisoners of <br />CLAY. Excluded shall be any willful or unlawful acts or omissions of CASS, its officers, <br />agents, or employees, or any damage arising as a result of a breach of this agreement. <br /> <br />CLA Y acknowledges that only by CLAY assuming full responsibility for the prisoners <br />housed by CASS can such detention and housing be at the rate hereinbefore specified. If CASS <br />was to assume additional liability, without indemnification as stated above, for the prisoners of <br />CLAY, the costs being paid by CLAY to CASS for such housing and detention would be <br />substantially more. <br /> <br />8. Inspection of JAIL: CLAY reserves the right to enter the JAIL at reasonable hours <br />for the purpose of inspecting the same and determining the conditions under which the prisoners <br />are housed. Nothing herein shall be construed to absolve CLAY from its statutory and common <br />law obligations toward the prisoners of CLAY who may be housed in the JAIL. <br /> <br />CLAY will have its state Department of Corrections inspect and approve the facility prior <br />to housing any inmates from CLAY. <br /> <br />Page 4 of 9 <br />