63.7  Service Provider Indemnity

Where a claim or proceeding is made or brought against the Authority which arises out of the infringement of any Intellectual Property Rights or because the use of any materials, plant, machinery or equipment in connection with the Project Operations infringes any Intellectual Property Rights or a third party then, unless such infringement has arisen out of the use of any Intellectual Property by or on behalf of the Authority otherwise than in accordance with the terms of this Agreement, the Service Provider shall indemnify the Authority at all times from and against all such claims and proceedings and the provisions of clause 8 (Indemnities and Liabilities) shall apply.