8.1 hubco shall procure that the Partnering Services are at all times performed:
8.1.1 with that degree of skill and care that would reasonably be expected of a competent professional provider of the relevant Partnering Service having regard to the nature and extent of that service;
8.1.2 in accordance with all relevant Law and codes of practice (including NHS Requirements and Local Government Requirements where applicable);
8.1.3 in accordance with all Consents;
8.1.4 in a manner which is not likely to be injurious to health or cause damage to property;
8.1.5 in accordance with paragraphs 1.1.1 and 1.1.2 and all other applicable provisions of Section 1 (Specification) of Schedule Part 3 (Partnering Services);
8.1.6 in accordance with the applicable provisions of the Partnering Services Method Statements;
8.1.7 in so far as not in conflict with an express obligation of hubco under this Agreement, or where in relation to a matter there is no express obligation or standard imposed on hubco under this Agreement, in accordance with Good Industry Practice; and
8.1.8 in a manner:
(a) consistent with the Participants discharging their statutory duties and/or other functions undertaken by them as the same may be notified to hubco from time to time; and
(b) that recognises the Participants' (and prospective Project Agreement Counterparties') needs for flexibility of occupation of premises to be provided and/or serviced under Project Agreements, particularly with regard to:
(i) providing Facilities which have potential for alternative uses to those to which they are initially intended to be put;
(ii) meeting the future accommodation requirements of Participants and other Community Services stakeholders in the Territory by taking into account the flexibility contained in any Project Agreements existing for the time being and, in particular, the terms and conditions of such Project Agreements and the remaining duration of such Project Agreements; and
(iii) the manner in which New Projects are identified and brought forward under the TDP and the terms of this Agreement.
8.2 To avoid doubt, the obligations in Clause 8.1 are independent obligations. In particular compliance by hubco with Section 5 (Partnering Services Method Statements) of Schedule Part 3 (Partnering Services) shall not be a defence to an allegation that hubco has not complied with any other requirement of Clause 8.1. In the event of any conflict between any provision of any of the Partnering Services Method Statements and any other requirement of this Agreement including Clause 8.1, hubco shall amend (at its own cost) the relevant provisions of the Partnering Services Method Statements so as to remove the conflict and provide an updated version of the same for approval by the Participants. Once the updated version has the approval of the Participants, it shall replace the relevant part of Section 5 (Partnering Services Method Statements) of Schedule Part 3 (Partnering Services).
8.3 Subject to Clause 27.2, and the Participants' rights under Clause 23 (hubco Events of Default) hubco shall be free to sub-contract the whole or any part of the provision of the Partnering Services to a Partnering Subcontractor, notwithstanding which it shall remain solely responsible to the relevant Participant(s) for the provision of the relevant Partnering Services in accordance with this Agreement.
8.4 The Parties agree that it is fundamental to the successful operation of this Agreement that hubco devotes sufficient resource and expertise to providing the Partnering Services in a competent and timely manner and otherwise in accordance with the standards set out in Clause 8.1 (Standard of Provision of the Partnering Services).