18.6 Where a claim or proceeding is made or brought against any Participant 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 hubco Operations or Project Services 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 such Participant otherwise than in accordance with the terms of this Agreement, hubco shall indemnify such Participant at all times from and against all such claims and proceedings and the provisions of Clause 16.3 (Conduct of Claims) to Clause 16.7 shall apply.