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the termination date is not the last calendar day of a month, the Contract shall instead terminate on the last calendar day of the month in which the termination date falls.  

17.4

The Contractor may give notice in writing (“late payment notice”) to the PCT if the PCT has failed to make any payments properly due to the Contractor in accordance with PART 11 of the Contract. The Contractor shall specify in the late payment notice the payments that the PCT has failed to make in accordance with PART 11 of the Contract.

17.5

The Contractor may, at least [twenty eight (28)] days after having served a late payment notice, terminate the contract by a further written notice if the PCT has still failed to make payments properly due to the Contractor, and that were specified in the late payment notice served on the PCT pursuant to Clause 17.4.

17.6

If, following receipt of a late payment notice, the PCT refers the matter to the Dispute Resolution Procedure detailed in PART 18 of the Contract within [twenty eight (28)] days of the date upon which it is served with the late payment notice, and it notifies the Contractor in writing that it has done so within that period of time, the Contractor may not terminate the Contract pursuant to Clause 17.5 until:

17.6.1

there has been a determination of the dispute pursuant to the Dispute Resolution Procedure; or

17.6.2

the PCT ceases to pursue the Dispute Resolution Procedure,

whichever is the sooner.

17.7

Clauses 17.2 to 17.6 are without prejudice to any other rights to terminate the Contract that the Contractor may have.

Termination by the PCT for Provision of Untrue etc Information53

17.8

The PCT may serve notice in writing on the Contractor terminating the Contract forthwith, or from such date as may be specified in the notice if, after the Contract was entered into, it has come to the attention of the PCT that written information provided to the PCT by the Contractor before the Contract was entered into in relation to the conditions set out in APMS Direction 3 (and compliance with those conditions) was, when given, untrue or inaccurate in a material respect.

53 Clause 17.8 is required by APMS Direction 5(1)(s).  APMS Direction 3 sets out grounds on which potential contractors are excluded from entering into APMS contracts.

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