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Variation of the Contract: General50

16.1

Subject to the PCT’s rights under Clause 16.2, no amendment or variation to the Contract shall have effect unless it is in writing and signed by or on behalf of the PCT and the Contractor.

16.2

The PCT may vary the Contract without the Contractor’s consent so as to comply with the Act, any regulations made pursuant to the Act, any direction given by the Secretary of State pursuant to the Act (which, for the avoidance of doubt, includes any amendments to the APMS Directions) where it:

16.2.1

is reasonably satisfied that it is necessary to vary the Contract in order so to comply; and

16.2.2

notifies the Contractor in writing of the wording of the proposed variation and the date upon which that variation is to take effect.

16.3

Where it is reasonably practicable to do so, the date that the proposed variation under Clause 16.2.2 is to take effect shall be not less than fourteen (14) days after the date on which the notice under Clause 16.2.2 is served on the Contractor.

PART 17 TERMINATION OF THE CONTRACT51

Termination by Agreement52    

17.1

The PCT and the Contractor may mutually agree in writing to terminate the Contract, and if the Parties so agree, they shall agree the date upon which that termination will take effect and any further terms upon which the Contract should be terminated.

Termination by the Contractor

17.2

Subject to Clauses 17.3 and 17.45, the Contractor may terminate the Contract by serving notice in writing on the PCT at any time.

17.3

Where the Contractor serves notice pursuant to Clause 17.2, the Contract shall terminate [twelve (12) months] after the date on which the notice is served (“the termination date”), save that if

50 Clauses 16.1 to 16.3 are required by APMS Direction 5(1)(r).

51 APMS Direction 4(e) requires the contract to specify the grounds on which the contract may or must be terminated and any contract sanctions that may be imposed, but (with a few exceptions noted below) does not specify any particular wording.    With those exceptions, the clauses included here are only suggestions and should be varied to meet local circumstances.    Broadly speaking, PCTs should be aiming to negotiate provisions which give the Contractor every incentive to complete the Services to the standards set out in the Contract, and in particular ensure that the incentives to do so outweigh any opposite incentive to under-deliver or withdraw prematurely.

52 See footnote to PART 17 generally.

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