Maintenance of the required minimum quality standard for the BRAND is the responsibility of SWP. SWP shall indemnify and hold MassRoots harmless from all claims, demands, suits, actions, proceedings, costs, damages, expenses, and/or losses of any kind resulting from SWP’s activities pursuant to the license granted herein, including but not limited to the failure of SWP to meet any of its obligations hereunder. SWP at its expense shall promptly defend and continue the defense of any such claim, demand, suit, action, or proceeding relating to the BRAND. If SWP fails to retain counsel or to undertake and continue said defense as aforesaid, MassRoots shall have the right to make and continue such defense as may to it seem appropriate, and the expenses and costs thereof, including but not limited to counsel fees, out-of-pocket costs, and the costs of an appeal and bond thereof, together with the amount of any judgment rendered against MassRoots, shall be paid by SWP upon demand. Nothing herein before stated shall prevent MassRoots from defending any such claim, demand, suit, action, or proceeding at its own expense through its own counsel, notwithstanding that the defense thereof may have been undertaken by SWP, and SWP shall promptly notify MassRoots of the commencement or anticipated commencement of any such claim, demand, suit, action, or proceeding.