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supplies; to provide for the Town Prisoner(s)' physical needs; to make available to them <br />programs and/or treatment consistent with the individual needs; to retain them in said custody; to <br />supervise them; to maintain proper discipline and control; to make certain that they receive no <br />special privileges and that the sentence and orders of the committing court in the State are <br />faithfully executed; provided that nothing herein contained shall be construed to require the <br />County, or any of its agents, to provide service, treatment, facilities or programs for any Town <br />Prisoner(s) confined pursuant to this Agreement, which it does not provide for similar offenders <br />not confined pursuant to this Agreement. Nothing herein shall be construed as to require the <br />County to provide services, treatment, facilities or programs to the Town's Prisoner(s) above, <br />beyond or in addition to that which is required by applicable law. <br />XII. Right of Refusal <br />The County shall have the right to refuse to accept any prisoner from the Town who, in the <br />judgment of the County, has a current medical condition which may adversely affect the safety <br />of the individual or the safe operations of the Kittitas County Jail; or when the reasonable <br />operational capacity limits will be reached or exceeded. <br />XIII. Indemnification <br />A. The County shall defend, indemnify, and hold harmless the Town, its agents, employees and <br />officers from any and all liability arising out of the performance of this Agreement, whether <br />by act or omission of the County, its agents, employees or officers. Such liability shall <br />include but not be limited to, intentional acts, negligence, and violations of the Town <br />Prisoner's constitutional rights. <br />B. The Town shall defend, indemnify and hold harmless the County, its agents, employees and <br />officers from any and all liability arising out of the performance of this Agreement, whether <br />by act or omission of the Town, its agents, employees, or officers. Such liability shall <br />include, but is not limited to, false arrest and false imprisonment. <br />C. The Parties' obligations to indemnify, defend and hold harmless shall not extend to injuries, <br />sickness, death or damage caused by or resulting from the sole willful misconduct or <br />negligence of the other Party, its agents, officers, employees or sub -consultants. <br />D. The Parties' obligations to indemnify, defend and hold harmless for injuries, sickness, death <br />or damage caused by or resulting from the concurrent negligence or willful misconduct of the <br />Parties or of the Parties and a third party other than an officer, agent or employee of the <br />Parties, shall apply only to the extent of the negligence or willful misconduct of each Party. <br />XII. Entire Contract <br />This Agreement represents the entire understanding of the Parties and supersedes any oral <br />representations that are inconsistent with or modify its terms and conditions. <br />XIV. Modification <br />Interlocal Agreement for Housing of Inmates <br />Page 7 of 10 <br />