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provided by party of the first part when supervising the inmate outside the detention facility. <br /> <br /> 6. Applicable Law: This agreement shall be governed by and construed in accordance with the provisions <br /> of the North Dakota Century Code and all rules and regulations promulgated pursuant thereto governing the care and <br /> custody of persons detained hereunder. Venue for all legal proceedings arising out of this agreement, or breach <br /> thereof, shall be in the state or federal court with competent jurisdiction in Cass County, North Dakota. <br /> <br /> 7. Indemnity: The party of the second part undertakes and does hereby undertake to indemnify the party of <br />the first part fi.om any and all liability, loss or damage the party of the first part may suffer as a result of claims, <br />damages, demands, costs, or judgments against it arising out of the detention by the party of the first part of any <br />prisoners of the party of the second part. Excluded herefrom shall be any willful and unlawful acts or omissions of <br />the party of the first part, its officers, agents, or employees. <br /> <br /> The party of the second part agrees to defend any claims brought or actions filed against the party of the first <br />part with respect to the subject of this agreement, whether such claims or actions are rightfully or wrongfully brought <br />or filed, and to assume all reasonable costs of litigation. <br /> <br /> The party of the second part acknowledges that only by the party of the second part assuming full <br />responsibility for the prisoners housed by the party of the first part can such detention and housing be at the rate <br />hereinbefore specified. If the party of the first part was to assume additional liability, without indemnification as <br />stated above, for the prisoners of the party of the second part, the costs being paid by the party of the second part to <br />the party of the first part for such housing and detention would be substantially more. <br /> <br /> 8. Inspection of Jail: The party of the second part reserves the right to enter the Jail at reasonable hours for <br />the purpose of inspecting the same and determining the conditions under which the prisoners are housed. Nothing <br />herein shall be construed to absolve the party of the second part fi.om its statutory and common law obligations <br />toward the prisoners of the party of the second part who may be housed in the Jail. <br /> <br />Pa~e 3 of 4 <br /> <br /> <br />