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County Corrections Center or will cause the reasonable operational capacity limits of <br />KCCC to be reached or exceeded. <br />KCCC does not have the capability to house and care for inmates with serious medical or <br />mental health diagnoses. Such inmates are not eligible to be incarcerated in KCCC. To <br />ensure that such inmates are not presented to KCCC, all relevant records or other <br />information of whatever nature in the possession of or known to Whatcom County shall <br />be provided to KCCC in advance. That information may be exchanged via phone call. <br />KCCC shall secure such records in a manner consistent with applicable State and Federal <br />law and destroy them promptly upon the decision to not accept such an inmate. <br />XIII. Indemnification <br />A. Kittitas County shall defend, indemnify, and hold harmless Whatcom County, its <br />agents, employees and officers from any and all liability arising out of the <br />performance of this agreement, whether by act or omission of Kittitas County, its <br />agents, employees or officers. Such liability shall include but not be limited to, <br />intentional acts, negligence, and violations of prisoner's constitutional rights. <br />B. Whatcom County shall defend, indemnify and hold harmless Kittitas County, its <br />agents, employees and officers from any and all liability arising out of the <br />performance of this agreement, whether by act or omission of Whatcom County, its <br />agents, employees, or officers. Such liability shall include, but is not limited to, false <br />arrest and false imprisonment. <br />C. The Parties' obligations to indemnify, defend and hold harmless shall not extend to <br />injuries, sickness, death or damage caused by or resulting from the sole willful <br />misconduct or negligence of the other Party, it agents, officers, employees or sub- <br />consultants. <br />D. The Parties' obligations to indemnify, defend and hold harmless for injuries, sickness, <br />death or damage caused by or resulting from the concurrent negligence or willful <br />misconduct of the Parties or of the Parties and a third party other than an officer, <br />agent or employee of the Parties, shall apply only to the extent of the negligence or <br />willful misconduct of each Party. <br />E. The parties agree to cooperate in defense of any and all claims made, of whatever <br />nature, to the extent possible. <br />XIV. Entire Contract <br />This agreement represents the entire understanding of the parties and supersedes any <br />Interlocal Agreement for the Housing of Inmates Whatcom County and <br />Kittitas County <br />Page 9 of13