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17.31.2

the Contractor ceases to pursue the Dispute Resolution Procedure,

whichever is the sooner.

17.32

If the Contractor does not invoke the Dispute Resolution Procedure within the time specified in Clause 17.31, the PCT shall be entitled to impose the contract sanction forthwith.

17.33

If the PCT is satisfied that it is necessary to impose the contract sanction before the Dispute Resolution Procedure is concluded in order to protect the safety of the Contractor’s Patients or protect itself from material financial loss, the PCT shall be entitled to impose the contract sanction forthwith, pending the outcome of that procedure.

Termination and the Dispute Resolution Procedure63

17.34

Where the PCT is entitled to serve written notice on the Contractor terminating the contract pursuant to Clauses 17.8, 17.9, 17.14, 17.19 or 17.21, the PCT shall, in the notice served on the Contractor pursuant to those Clauses, specify a date on which the Contract terminates that is not less than [twenty eight (28)] days after the date on which the PCT has served that notice on the Contractor unless Clause 17.35 applies.

17.35

This Clause 17.35 applies if the PCT is satisfied that a period less than [twenty eight (28)] days is necessary in order to protect the safety of the Contractor’s Patients or protect itself from material financial loss.

17.36

In a case falling within Clause 17.34 where the exception in Clause 17.35 does not apply, where the Contractor invokes the Dispute Resolution Procedure before the end of the period of notice referred to in Clause 17.34, and it notifies the PCT in writing that it has done so, the Contract shall not terminate at the end of the notice period but instead shall only terminate in the circumstances specified in Clause 17.37.

17.37

The Contract shall only terminate pursuant to this Clause 17.37 if and when there has been a determination of the dispute and that determination permits the PCT to terminate the Contract or the Contractor ceases to pursue the Dispute Resolution Procedure, whichever is the sooner.

17.38

If the PCT is satisfied that it is necessary to terminate the Contract before the Dispute Resolution Procedure is concluded in order to protect the safety of the Contractor’s Patients or protect itself from material financial loss, Clauses 17.36 and 17.37 shall

63 See footnote to PART 17 generally.

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