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oause the reasonable operational capacrty limits of KCJ to be reaohed or exceeded. <br />KCJ does not have the capability to house and oare for inmates with serious medical or <br />mental health diagnoses. Such inmates are not eligible to be iniarcerated in KCJ. To ensure <br />that such inmates are not presented to KCJ, all relevant records or other information of <br />whatever naturo in the posiession of or known to Walla Walla County shall be pro-vided to <br />KCJ in advance. Thaiinformation may be exchanged via phone call. KCJ shall secure <br />such recorcls in a rnanner consistent witi applicable State and Federal law and destroy them <br />promptly upon the decision to not accept such an inmate. <br />)ilU. Indemnilicatio4 <br />A. Kittitas County shall defend" indemnify, and hold harnrless Walla Walla County, its <br />agents, emploiees, and officers from any and all liability arising out ofthe performance <br />oithis agre-emenq whether by act or omission of Kittitas Cotmty, its agents, employees <br />or oflicers. Such liability shall include but not be limited to, intentional acts, <br />negligencg and violations of prisoner's constitutional rights. <br />B. Walla Walla County shall defen4 indemnify and hotd harmless Kittitas County, its <br />agents, employees and officers from any and all liability adsing out o{the perfonnance <br />of *rit agru"ment, whether by act or omission of Walla Walla County, its agents, <br />employeels, or officers. Such liibility shall include, but is not limited to, false arrest antl <br />false imprisonment, <br />C. The Parties' obiigations to indemnify, defend and hold harmiess shall not extend to <br />injuries, sickness, death or darnage caused by or resrlting from th9 sole willful <br />misconduct or negligence of the other Party, its agents, offi.cers, employees or sub- <br />consultants. <br />D. The Parties' obligations to indemniff, defend and holdharmless for in$uries, sickness, <br />death, or damage caused by or resulting ftom the concrment negligence or willful <br />misconduct of the parties orof the Parties and a third party other than an officer, agent <br />or employee of the Parties, shall apply only to the extent of the negligenoe or willful <br />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 />Interlocal Agreeme,lrt for the Housing of lnmates Walla Walla County and <br />Kititas County <br />Page 9 of 13