) the Brown Site will operate fully and successfully on hardware configured as set forth in the Server Specifications; (iii) West has fully authority to enter into this Agreement; (iv) all obligations owed to third parties with respect to the activities contemplated to be undertaken by West pursuant to this Agreement are or will be fully satisfied by West, so that Brown will not have any obligations with respect thereto; (v) West is the owner of or otherwise has the right to use and distribute all materials and methodologies used in connection with providing the Services hereunder; (vi) the software and other materials used by West in fulfilling its obligations under this Agreement (except the Brown Content provided by Brown) do not now and will not infringe upon any copyright, patent, trade secret contract right or other third party right; (vii) the Deliverables provided hereunder, including without limitation Deliverables provided pursuant to Optional Services, do not now and will not infringe upon any copyright, patent, trade secret or other third party right; (viii) the Brown Site shall not contain any Trojan horses, worms or viruses; (ix) West will comply with all applicable federal, state and local laws and regulations in the performance of its obligations hereunder; and (x) the Brown Site, as designed, will not violate any federal, state, or local law or regulation.8.2 By BrownBrown represents, warrants and covenants that: (i) it has full authority to enter into this Agreement; and (ii) the Brown Content will not infringe upon any copyright, patent, trademark, trade secret, contract right or other third party right; and (iii) all obligations owed to third parties with respect to the activities contemplated to be undertaken by Brown pursuant to this Agreement are or will be fully satisfied by Brown so that West will have not have any obligations with respect thereto.9. IndemnificationEach Party hereto shall indemnify, defend, and ...
