Each Party shall pay the other any monies due within three (3) months of the date on which the PCT served the Contractor with written details of the reconciliation, or the conclusion of the Dispute Resolution Procedure, as the case may be.
Should the Contractor:
breach the Contract entitling the PCT to serve written notice on the Contractor terminating the contract pursuant this PART 17; or
issue the PCT with notice of termination under Clause 17.2 but cease to perform all or a material part of the Services before the expiry of the notice period imposed by Clause 17.3; or
issue the PCT notice of termination under Clause 17.2 but fail to perform the Services to the PCT’s reasonable satisfaction during the notice period imposed by Clause 17.3 until the due termination date; or
otherwise cease to provide all or a material part of the Services without notice to the PCT in accordance with Clause 17.2,
then, without prejudice to all other remedies available to the PCT, the PCT shall be entitled to perform all part of the Services itself and/or (at its sole discretion) engage (a) replacement provider(s) for the provision of all or part of the Services on such terms and conditions as the PCT sees fit and the Contractor shall immediately pay the PCT the cost of engaging the replacement provider(s) together with all additional expenditure incurred by the PCT (including the all costs incurred of performing all or part of the Services itself) throughout the remainder of the unexpired portion of the due notice period in accordance with Clause 17.3 in the case of Clauses 17.45.2 and 17.45.3 or in the case of Clauses 17.45.1 and 17.45.4 for the full notice period imposed by Clause 17.3.
The obligations contained in Clauses 17.39 to 17.45 shall continue to apply notwithstanding the termination of the Contract.
PART 18 DISPUTE RESOLUTION65
65 APMS Direction 4(f) requires the contract to specify the procedures that are to apply in the event of a contractual dispute if (as is likely to be the case) the contract is not an NHS contract. The Directions do not specify any particular procedure. However, PCTs should note that the procedure for referring disputes about GMS and PMS contracts to the Secretary of State does not apply to APMS contracts. Only if the contract is an NHS contract may disputes be referred to the Secretary of State, in accordance with section 4(3) of the NHS and Community Care Act 1990.