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ii. If the transfer and ownership of the animal to the Placement Partner has <br />occurred, but the animal has not been adopted then the Placement Partner <br />agrees to make every effort to return the animal to the owner making the <br />claim. <br />iii. In certain instances, animals still in their stray hold period may be <br />transferred for foster care at the discretion of OCAS. Only at the end of <br />the stray hold period may ownership of these animals be transferred to the <br />Placement Partner responsible for the foster care. <br />b. In the event the animal is returned to the owner making the claim, prior to the <br />Placement Partner or OCAS returning the animal to the owner, the owner shall <br />pay to Orange County a Cost Recovery fee. The Cost Recovery fee shall include <br />an impound fee, daily boarding fee, vaccination fee (if required), and any <br />reasonable veterinarian service fees. Orange County shall reimburse the <br />Placement Partner for the cost of services provided to the animal for daily <br />boarding at the current rate charged by OCAS, the actual cost of the vaccination <br />and reasonable cost of veterinarian services. <br />10. No Warranty. OCAS DOES NOT WARRANT THAT THE ANIMAL IS FREE OF <br />DISEASE OR DEFECT; THE ANIMAL IS TRANSFERRED TO THE <br />PLACEMENT PARTNER "AS IS." OCAS will not knowingly transfer an animal that <br />is aggressive or has a known medical condition or defect without properly notifying the <br />Placement Partner. However, the Placement Partner understands and agrees that OCAS <br />will not be able to identify aggressive animals in all cases prior to their transfer to the <br />Placement Partner. <br />11. Indemnification. To the extent legally possible, the Placement Partner shall indemnify <br />and hold County, its officers, agents, and employees, harmless from and against any and <br />all claims, actions, liabilities, costs, including attorney fees and other costs of defense, <br />arising out of or in any way related to any act or failure to act by the Placement Partner, <br />its employees, volunteers, agents, officers, and contractors in connection with this <br />contract. In the event any such action or claim is brought against County, the Placement <br />Partner shall, upon County's tender, defend the same at the Placement Partner's sole cost <br />and expense, promptly satisfy any judgment adverse to County or to County and <br />Placement Partner jointly, and reimburse County for any loss, cost, damage, or expense, <br />including attorney fees suffered or incurred by County. The Placement Partner shall and <br />hereby does agree to hold the Orange County harmless for any liability whatsoever <br />caused by an animal transferred to the Placement Partner under this MOU including the <br />following: <br />a. Behavior and Illness. Most animals received by OCAS have unknown <br />backgrounds and origins. Should the transferred animal become ill or cause <br />damage or other incident, which results from it's known or unknown health <br />and/or behavioral problem(s) the County will not reimburse the Placement Partner <br />for any incurred expenses, including veterinary expenses. It is the Placement <br />Partner's responsibility to pay all veterinary bills incurred in connection with the <br />animal. OCAS will not be responsible for any veterinary fees incurred after the <br />animal is transferred. The Placement Partner hereby assumes the risk of <br />Page 4 of 7 <br />