5.4 hubco shall indemnify and keep each of the Participants fully indemnified at all times for and against all claims (including any claim made by any person (including any Prospective Tenderer, Tenderer or Preferred Tenderer) that is not awarded a contract), demands or notices which may be brought or alleged or threatened against any of the Participants or a Participant Party and from and against all Direct Losses or fines which that Participant or relative Participant Party may suffer or incur in relation to any such claims, demands or notices which occur as a result of or in connection with:
5.4.1 the implementation of this paragraph 5 (Market Testing); and
5.4.2 any breach of the provisions of this paragraph 5 (Market Testing),
save and to the extent that any such breach or claim results from any failure of the Participant to comply with the express provisions of this paragraph 5 (Market Testing) or from any failure of the Participants in carrying out the initial competition which resulted in the entering into of this Agreement by the Participants and hubco.