11  Indemnities7

The Service Provider shall indemnify and keep the Authority fully indemnified at all times for (and against) all claims, demands or notices which may be brought or alleged or threatened against the Authority and from and against all Direct Losses or fines which the Authority may suffer or incur in relation to any such claims, demands or notices which occur as a result of or in connection with:

11.1  the implementation of this Schedule 16;

11.2  any breach of the provisions of this Schedule 16; and

11.3  any claim made by any person (including any Prospective Tenderer, Tenderer or Preferred Tenderer) that is not awarded a contract,

save to the extent that any such breach or claim results from any failure of the Authority to comply with the express provisions of this Schedule 16.

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7 It should be an assumption of any Market Testing Exercise that the outgoing Services Contractor will provide the new Services Contractor, appointed pursuant to a Market Testing Exercise, with an equivalent indemnity.