REPRESENTATIONS, WARRANTIES, AND INDEMNIFICATIONS. 1. Service Provider represents and warrants to the Client that: 1. It has the right and capacity to enter into this Agreement and fully perform all of its obligations hereunder; 2. It shall use commercially reasonable efforts to perform the Services as described in Schedule “A” attached hereto (except to the extent the Services modified by the parties from time to time by mutual written agreement) and shall provide such Services in a professional manner consistent with industry standards. 3. Other than the express warranties stated above, service provider makes no other representations or warranties hereunder of any kind, either express or implied, in relation to the services, including but not limited to any warranty of merchantability and/or fitness for any particular purpose. In no event shall service provider be liable, directly or indirectly, for any special or consequential or incidental damages including but not limited to loss of anticipated profits, loss of revenue or loss of business. 2. Client Represents and warrants to Service Provider that: 1. It has the right and capacity to enter into this Agreement and fully perform all of its obligations hereunder; 2. All Client Content provided hereunder shall be wholly original to the Client or the Client has acquired the necessary rights from third parties to contribute such Client Content and include it in the Website, and Client Content shall not violate any laws of any country and shall not infringe any other party’s copyright, patent, trademark or other intellectual property right. 3. Client shall not, nor shall it allow, authorize or assist any third party to, use the Website for any illegal purpose whatsoever. 3. Each of the Parties hereto agree to indemnify and save harmless the other, and any of its respective successors, licensees and assigns, from any and all losses, costs, liabilities, damages and expenses (including reasonable lawyers fees) resulting any breach of any representation, warranty and/or covenant under this Agreement.
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Sources: Website Design & Development Agreement, Website Design & Development Agreement