Consequence of Suspension. 46.1 During the suspension of any Service under clause 45.1, the Provider shall not be entitled to receive any Funding for the suspended Service except in respect of: (a) all or part of the suspended Service the delivery of which took place before the date on which the relevant suspension took effect in accordance with clause 45.1(a); and/or (b) all or part of the suspended Service which the Provider continues to deliver during the period of suspension in accordance with the notice served under clause 45.1(a). 46.2 Unless suspension occurs as a result of an Event of Force Majeure, the Provider shall indemnify HEE in respect of any Losses reasonably incurred by them in respect of a suspension (including for the avoidance of doubt Losses incurred in commissioning the suspended Service from an alternative provider). 46.3 The Parties must use all reasonable endeavours to minimise any inconvenience to Learners as a result of the suspension of the Service. 46.4 While any Service is suspended XXX must use reasonable efforts to ensure that no further Learners are referred to the Provider for that Service. 46.5 While any Service is suspended the Provider must: (a) not accept any further referrals of Learners for that Service; (b) at its own cost co-operate fully with HEE and any interim or successor provider of that Service in order to ensure continuity and smooth transfer of the suspended Service and to avoid any inconvenience to Learners, or to or risk to the health and safety of Service Users, including: (i) promptly providing all reasonable assistance and all information necessary to effect an orderly assumption of that Service by any interim or successor provider; and (ii) delivering to HEE all materials, papers, documents and operating manuals owned by XXX and used by the Provider in the provision of that Service. 46.6 As part of its compliance with clause 46.5 the Provider may be required by XXX to agree a transition plan with XXX and any interim or successor provider.
Appears in 3 contracts
Samples: NHS Education Contract, NHS Education Contract, NHS Education Contract
Consequence of Suspension. 46.1 45.1 During the suspension of any Service under clause 45.144.1, the Provider shall not be entitled to receive any Funding for the suspended Service except in respect of:
(a) all or part of the suspended Service the delivery of which took place before the date on which the relevant suspension took effect in accordance with clause 45.1(a44.1(a); and/or
(b) all or part of the suspended Service which the Provider continues to deliver during the period of suspension in accordance with the notice served under clause 45.1(a44.1(a).
46.2 45.2 Unless suspension occurs as a result of an Event of Force Majeure, the Provider shall indemnify HEE NHS England in respect of any Losses reasonably incurred by them in respect of a suspension (including for the avoidance of doubt Losses incurred in commissioning the suspended Service from an alternative provider).
46.3 45.3 The Parties must use all reasonable endeavours to minimise any inconvenience to Learners as a result of the suspension of the Service.
46.4 45.4 While any Service is suspended XXX NHS England must use reasonable efforts to ensure that no further Learners are referred to the Provider for that Service.
46.5 45.5 While any Service is suspended the Provider must:
(a) not accept any further referrals of Learners for that Service;
(b) at its own cost co-operate fully with HEE NHS England and any interim or successor provider of that Service in order to ensure continuity and smooth transfer of the suspended Service and to avoid any inconvenience to Learners, or to or risk to the health and safety of Service Users, including:
(i) promptly providing all reasonable assistance and all information necessary to effect an orderly assumption of that Service by any interim or successor provider; and
(ii) delivering to HEE NHS England all materials, papers, documents and operating manuals owned by XXX NHS England and used by the Provider in the provision of that Service.
46.6 45.6 As part of its compliance with clause 46.5 45.5 the Provider may be required by XXX NHS England to agree a transition plan with XXX NHS England and any interim or successor provider.
Appears in 1 contract
Samples: NHS Education Funding Agreement
Consequence of Suspension. 46.1 During the suspension of any Service under clause 45.1, the Provider shall not be entitled to receive any Funding for the suspended Service except in respect of:
(a) all or part of the suspended Service the delivery of which took place before the date on which the relevant suspension took effect in accordance with clause 45.1(a); and/orand/or NHS Education Contract v1.1
(b) all or part of the suspended Service which the Provider continues to deliver during the period of suspension in accordance with the notice served under clause 45.1(a).
46.2 Unless suspension occurs as a result of an Event of Force Majeure, the Provider shall indemnify HEE in respect of any Losses reasonably incurred by them in respect of a suspension (including for the avoidance of doubt Losses incurred in commissioning the suspended Service from an alternative provider).
46.3 The Parties must use all reasonable endeavours to minimise any inconvenience to Learners as a result of the suspension of the Service.
46.4 While any Service is suspended XXX must use reasonable efforts to ensure that no further Learners are referred to the Provider for that Service.
46.5 While any Service is suspended the Provider must:
(a) not accept any further referrals of Learners for that Service;
(b) at its own cost co-operate fully with HEE and any interim or successor provider of that Service in order to ensure continuity and smooth transfer of the suspended Service and to avoid any inconvenience to Learners, or to or risk to the health and safety of Service Users, including:
(i) promptly providing all reasonable assistance and all information necessary to effect an orderly assumption of that Service by any interim or successor provider; and
(ii) delivering to HEE all materials, papers, documents and operating manuals owned by XXX and used by the Provider in the provision of that Service.
46.6 As part of its compliance with clause 46.5 the Provider may be required by XXX HEE to agree a transition plan with XXX HEE and any interim or successor provider.
Appears in 1 contract
Samples: NHS Education Contract