55.5 Where a claim or proceeding is made or brought against the Authority which arises out of the infringement of any rights in or to any Intellectual Property (other than any Disclosed Data) or because the use of any materials, Plant, machinery or equipment in connection with the Project Operations infringes any rights in or to any Intellectual Property of a third party then, unless such infringement has arisen out of the use of any Intellectual Property by or on behalf of the Authority otherwise than in accordance with the terms of this Agreement, [or in respect of a use of the Intellectual Property for a purpose other than that for which it was produced],Sub-hubco shall indemnify the Authority at all times from and against all such claims and proceedings and the provisions of Clause 49.3 (Conduct of Claims) shall apply.