36.1 hubco undertakes to each of the Participants that it shall comply with the obligations of a "data controller" under the provisions of the Seventh Data Protection Principle as set out in Schedule 1 of the Data Protection Act 1998. In addition hubco:
36.1.1 warrants that it has, or will have at all material times, (and shall use best endeavours to procure that all Supply Chain Members and their agents and sub-contractors of any tier have or will have at all material times) the appropriate technical and organisational measures in place against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data held or processed by it and that it has taken, or will take at all material times, all reasonable steps to ensure the reliability of any of its staff which will have access to Personal Data processed as part of the hubco Operations;
36.1.2 undertakes that it will only act on the instructions of a Participant in relation to the processing of any Personal Data made available by or on behalf of the Participant as part of the hubco Operations;
36.1.3 undertakes that it will only obtain, hold, process, use, store and disclose Personal Data as is necessary to perform its obligations under and in connection with this Agreement and that such data will be held, processed, used, stored and disclosed only in accordance with the Data Protection Act 1998 and any other applicable Law;
36.1.4 undertakes that it will allow each of the Participants access to any relevant premises on reasonable written notice to inspect its procedures described at 36.1.1 above; and
36.1.5 undertakes that it will indemnify and keep indemnified each of the Participants against all losses, claims, damages, liabilities, costs and expense (including reasonable legal costs) incurred by them or any of them in respect of any breach of this Clause 36 (Personal Data) by hubco, or the Supply Chain Members or their agents and subcontractors of any tier.