premise: The Receiving Party agrees – 3.5.1 not to utilise, exploit or in any other manner whatsoever use the Confidential Information for any purpose whatsoever whether for its own benefit or for that of others without the prior written consent of the Disclosing Party; 3.5.2 that the unauthorised disclosure of the Confidential Information to a third party may cause irreparable loss, harm and damage to the Disclosing Party.  Accordingly, the Receiving Party indemnifies and holds the Disclosing Party harmless against any loss, claim, harm or damage, of whatever nature, suffered or sustained by the Disclosing Party pursuant to a breach by the Receiving Party of the provisions of this Agreement. 4 TITLE All Confidential Information disclosed by the Disclosing Party to the Receiving Party is acknowledged by the Receiving Party – 4.1 to be proprietary to the Disclosing Party; and 4.2 not to confer any rights to the Receiving Party of whatever nature in the Confidential Information. 5 RESTRICTIONS ON DISCLOSURE AND USE OF THE CONFIDENTIAL INFORMATION The Receiving Party undertakes not to use the Confidential Information for any purpose other than – 5.1 that for which it is disclosed;