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not apply and the PCT shall be entitled to confirm by written notice to be served on the Contractor, that the Contract will nevertheless terminate at the end of the period of the notice it served pursuant to Clauses 17.8, 17.9, 17.14, 17.19 or 17.21.

Consequences of Termination64

17.39

The termination of the Contract, for whatever reason, is without prejudice to the accrued rights of either Party under the Contract.

17.40

On the termination of the Contract for any reason, the Contractor shall:

17.40.1

subject to the requirements of this Clause 17.40, cease performing any work or carrying out any obligations under the Contract;

17.40.2

co-operate with the PCT to enable any outstanding matters under the Contract to be dealt with or concluded in a satisfactory manner;

17.40.3

deliver up to the PCT all property belonging to the PCT including all documents, forms, computer hardware and software, drugs, Appliances or medical equipment which may be in the Contractor’s possession or control.

17.41

Subject to Clauses 17.42 to 17.44, the PCT’s obligation to make payments to the Contractor in accordance with the Contract shall cease on the date of termination of the Contract.

17.42

On termination of the Contract or termination of any obligations under the Contract for any reason, the PCT shall perform a reconciliation of the payments made by the PCT to the Contractor and the value of the work undertaken by the Contractor under the Contract.  The PCT shall serve the Contractor with written details of the reconciliation as soon as reasonably practicable, and in any event no later than [twenty eight (28)] days after the termination of the Contract.

17.43

If the Contractor disputes the accuracy of the reconciliation, the Contractor may refer the dispute to the Dispute Resolution Procedure in accordance with the terms of the Contract within [twenty eight (28)] days beginning on the date on which the PCT served the Contractor with written details of the reconciliation. The Parties shall be bound by the determination of the dispute.

64 APMS Direction 10 requires contracts to make suitable provision for the arrangements on termination, including the consequences (whether financial or otherwise) of the contract ending.   However, it does not specify any particular wording.

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