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12.5

This PART 12 shall survive the expiry or termination of the Contract.

PART 13 CLINICAL GOVERNANCE45

13.1

Without prejudice to the Contractor’s obligation to meet all performance requirements under the Contract and in particular those contained in Section 5 (Contract Monitoring), the Contractor shall have in place an effective System of Clinical Governance. The Contractor shall nominate a person who will have responsibility for ensuring the effective operation of the System of Clinical Governance.  The person nominated shall be a person who performs or manages services under the Contract.

PART 14 INDEMNITY46

14.1

The Contractor shall indemnify the PCT fully against all claims, proceedings, actions, damages, legal costs, expenses and any other liabilities in respect of any death or personal injury or loss of or damage to property which is caused directly or indirectly by any [negligent] act or omission of the Contractor.

INSURANCE47

14.2

The Contractor shall at all times hold adequate insurance against:

14.2.1

all liabilities arising from negligent performance of [clinical] Services under the Contract;48

14.2.2

all public liabilities in relation to liabilities to third Parties arising under or in connection with the Contract;

14.2.3

all liabilities as an employer in respect of all Staff.

14.3

The Contract shall provide the PCT with a copy of all insurance policies obtained pursuant to Clause 14.2 upon the PCT’s request.

14.4

The Contractor shall not sub-contract its obligations to provide clinical services under the Contract unless it is satisfied that the

45 The underlined words in Clause 13.1 are required by APMS Direction 5(1)(v)

47 Except as noted in the footnotes, the underlined words in Clauses 14.2 to 14.5 are required by APMS Direction 5(1)(w).   APMS Direction 2 allows the contract to include obligations which impose on the Contractor a higher level of obligation than these minimum requirements, should that be appropriate.    In deciding whether to seek greater insurance , PCTs will want to take into account the extent to which the Contractor would be able to meet its liabilities from its own resources and assets.

48  This insurance referred to in 14.2.1 is only mandatory in respect of clinical services (see APMS Direction 5(1)(w), but PCTs may decide that it should be held in relation to the Services as a whole.  

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