87.9  Indemnity in favour of the Authority

The Contractor shall indemnify the Authority and keep the Authority fully and effectively indemnified against any and all costs, claims, losses, liabilities and expenses which the Authority may sustain or incur, or which may be brought or established against the Authority or by any of its permitted sub-licensees, and which in any case arise out of or in relation to or by reason of any claim or allegation that:

87.9.1  the use or reproduction, modification, merger and adaptation by the Authority or by its permitted sub-licensees of the Contractor Materials, in accordance with the terms of the licence granted under Clause 87.1 (Licence from the Contractor to the Authority), infringes any Intellectual Property Rights of any third party; and/or

87.9.2  the maintenance, management, provision, carrying out, replacement and operation of the Apparatus and/or the Service in accordance with the terms of the licence granted under Clause 87.1 (Licence from the Contractor to the Authority), infringes any Intellectual Property Rights of any third party; and/or

87.9.3  the maintenance, management, provision, carrying out, replacement and operation of services analogous to the Service but provided by a third party in accordance with the terms of the licence granted under Clause 87.1 (Licence from the Contractor to the Authority), infringes any Intellectual Property Rights of any third party; and/or

87.9.4  the receipt of the Service and/or any services analogous to the Service but provided by a third party infringes any Intellectual Property Rights of any third party,

whether, in each case, such costs, claims, liabilities and expenses are incurred directly by the Authority or as a result, without limitation, of any indemnity given at any time by the Authority to any sub-licensee upon the same terms mutatis mutandis as this Clause 87.9.