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I(CJ does not have the capability to house and care for inmntes rvith serious medical or <br />nrental health diagnoses. Such inmates are not eligible to be incarcerated in KCJ. To et'rsure <br />that such inmates are not presented to KCJ, all relevant records or other informatiorr ol <br />whatever nature in the possessiorr of or known tn Whatcorrr County shall be provided to <br />I(CJ in advance, Thnt inforrr:ration may be exchanged via phorre call. KCJ shall secur.e <br />such recorcls in a manner consistent with applicable State and Federll larv and destroy them <br />pronrptly upon thc decision to noi accept such an innate. <br />XIII. Indemnification <br />A. Kittitas county shal[ defe'rrcl, indemnify, ancl hold harmless whatcon county, its <br />agents, employees and ol'ticers l'rum any ancl all liability arising out olthe perlormance <br />of this agreetnent,lvhether by act or omission olKittitas County, its agents, ernployees <br />or officers. Srrch liability shall incluclc but not be lirnited to, intentional acts, <br />negligence, and violations of prisoner's constitutional rights. <br />B whatcom county shall defend, indemnify and hold hannless Kittitas county, its <br />agents, employees and officers finm any and all tiabitity arising out of tlre performance <br />of this agl€ement, whether by nct or omission of whatcom county, its agents, <br />employees, or officers. Such liability shall include, but is not linritecl to, fhlse arest arrd <br />lalse irnprisonrnet'lt. <br />C. 'l'hc Partics' obligations to indenrnify, de lend and hold harrnless shatl not extend to <br />injuries, sickness, death or damage caused by or resultiug fiorn the sole willfut <br />misconduct or negligence of tlrc other Party, it agents, officersn employees or sub- <br />consultants. <br />D, Tlte Pa$ies' obligations to indemnity, defbncl and hold hannless for injuries, siclcpess, <br />clsath or damage caused by or resulting from the concurrEnt negligence or willful <br />nrisconduct of the Parties or of the Parties and a thircl party other than an officer, agent <br />oremployee of the Parties, shallapply only to the extent of the negligence or willful <br />misconcluct of each Party. <br />E. The pafties agrce to cooperate in defense of any and all claims nrade, of whatever <br />natur€, to the extent possible. <br />XIV. Entire Contract <br />This agreernent represents the entire unclelstanding ofthe parties ancl supersedes any oral <br />representations that are inconsislent with or modity its tenns and conditions. <br />XV. Modification <br />lnterlocal Agrecurent for the Housing o[lnnralcs Whntcorn Counly and <br />Kittitas County <br />Page 9 of 13