5. Architecture North Ltd’s Responsibilities.
5.1. In the performance of the Services, and discharging all the obligations under the Contract, the Architecture North Ltd will exercise the reasonable skill, care, and diligence to be expected of an Architecture North Ltd experienced in the provision of such services for projects of a similar size, nature, and complexity to the Project. Notwithstanding anything that may appear elsewhere to the contrary, whether under this Contract or otherwise, the Architecture North Ltd’s duties and obligations shall be deemed to be subject to the exercise of such reasonable skill, care, and diligence, and nothing contained in this Agreement or elsewhere shall be construed as imposing on the Architecture North Ltd any greater duty than the exercise of such reasonable skill, care, and diligence.
5.2. The Architect shall not be responsible for any works or services performed, or costs incurred by the Client, or any third party that are outside the scope of the approved architectural quotation.
5.3. Any additional works or services required by the Client that fall outside the approved quotation must be agreed upon in writing by both parties and shall be subject to a separate fee and timeline.
5.4. The Architecture North Ltd shall not be held liable for any delays or errors resulting from the Client's failure to timely approve or sign Client Approval Forms.
5.5. The Architecture North Ltd shall:
5.5.1. Perform the Services with due regard to the Project Brief in Project Initiation only of the Contract Details.
5.5.2. Inform the Client of progress in the performance of the Services and, upon becoming aware, of any issue that may materially affect the Project Brief, Project Programme, Construction Cost or quality of the Project, and any information, decision, or action required in mitigation.
5.5.3. Inform the Client of a need to make any Other Client Appointments to perform work in connection with the Project and/or any information, decision, or action required from the Client or Other Client Appointments in connection with the performance of the Services.
5.5.4. Collaborate with any Other Client Appointments named in the Contract Details or any other parties who might reasonably be expected to perform work or services and, where indicated in the Services, the Architecture North Ltd shall co-ordinate relevant information received from such persons with the Architect/ Consultant’s design, but the Architect/ Consultant shall not be responsible for the content of the information received.
5.5.5. Make no material alteration to the Services or the approved design without the prior written consent of the Client, except in an emergency, whereupon the Architecture North Ltd shall confirm such actions to the Client without delay.
5.6. The Architecture North Ltd shall have the right to publish photographs of the Project, where we have the right to publish photographs of your entire project timeline, starting from its formation through to the period of up to 2 years after practical completion. The Architecture North Ltd shall obtain consent from the Client or the Project Site Manager, which shall not be unreasonably withheld or delayed, before the publication of any information about the Project, unless reasonably necessary for the performance of the Services
5.7. The Architecture North Ltd acknowledges and agrees that in the course of providing services to the Client, the Architecture North Ltd may come into possession of confidential information relating to the Client's business or affairs.
5.7.1. The Architecture North Ltd agrees to keep all such information confidential and not to disclose any of it to any third party without the prior written consent of the Client.
5.7.2. The Architecture North Ltd agrees not to disclose any confidential information about other clients' projects to the Client without the prior written consent of such other clients.
5.7.3. The Architecture North Ltd shall take all necessary measures to ensure the confidentiality and security of all confidential information provided by the Client or any other clients.
5.7.4. This obligation of confidentiality shall survive the termination or expiration of this Agreement and shall continue indefinitely.
5.8. The Architecture North Ltd shall not disclose Confidential Information unless:
5.8.1. Disclosure is necessary for the proper performance of the Services, or in order to take professional advice in relation to the Contract or the Services, or in order to obtain/maintain insurance coverage as required by the Contract.
5.8.2. It is already in the public domain other than due to wrongful use or disclosure by the Architecture North Ltd.
5.8.3. Disclosure is required by law or because of disputes arising out of or in connection with the Contract.