Termination; Default. 22.1 This Agreement may be terminated by any Partner giving not less than 12 Months' notice in writing to terminate this Agreement provided that such termination shall not take effect prior to the termination or expiry of all Individual Schemes. 22.2 Each Individual Scheme may be terminated in accordance with the terms set out in the relevant Scheme Specification provided that the Partners ensure that the Better Care Fund requirements continue to be met. 22.3 If any Partner (“Relevant Partner”) fails to meet any of its obligations under this Agreement, the other Partners (acting jointly) may by notice require the Relevant Partner to take such reasonable action within a reasonable timescale as the other Partners may specify to rectify such failure. Should the Relevant Partner fail to rectify such failure within such reasonable timescale, the matter shall be referred for resolution in accordance with Clause 23. 22.4 Termination of this Agreement (whether by effluxion of time or otherwise) shall be without prejudice to the Partners’ rights in respect of any antecedent breach and any terms of this Agreement that expressly or by implication survive termination of this Agreement. 22.5 In the event of termination of this Agreement, the Partners agree to cooperate to ensure an orderly wind down of their joint activities and to use their best endeavours to minimise disruption to the health and social care which is provided to the Service Users. 22.6 Upon termination of this Agreement for any reason whatsoever the following shall apply: 22.6.1 the Partners agree that they will work together and co-operate to ensure that the winding down and disaggregation of the integrated and joint activities to the separate responsibilities of the Partners is carried out smoothly and with as little disruption as possible to Service Users, employees, the Partners and third parties, so as to minimise costs and liabilities of each Partner in doing so; 22.6.2 where either Partner has entered into a Service Contract in order to fulfil its obligations, pursuant to this Agreement, the term of which continues after the termination of this Agreement, both Partners shall continue to contribute to the Contract Price in accordance with the agreed Financial Contribution for that Service prior to termination and will enter into all appropriate legal documentation required in respect of this; 22.6.3 the Lead Partner shall make reasonable endeavours to amend or terminate a Service Contract (which shall for the avoidance of doubt not include any act or omission that would place the Lead Partner in breach of the Service Contract) where the other Partner requests the same in writing, provided that the Lead Partner shall not be required to make any payments to the Provider for such amendment or termination unless the Partners shall have agreed in advance who shall be responsible for any such payment; 22.6.4 where a Service Contract held by a Lead Partner relates all or partially to services which relate to the other Partner's Functions then provided that the Service Contract allows, the other Partner may request that the Lead Partner assigns the Service Contract in whole or part upon the same terms mutatis mutandis as the original contract; 22.6.5 the Partnership Board shall continue to operate for the purposes of functions associated with this Agreement for the remainder of any contracts and commitments relating to this Agreement; and 22.7 Termination of this Agreement shall have no effect on the liability or any rights or remedies of the Partners already accrued, prior to the date upon which such termination takes effect. 22.8 In the event of termination in relation to an Individual Scheme the provisions of Clause 22.6 shall apply mutatis mutandis in relation to the Individual Scheme (as though references as to this Agreement were to that Individual Scheme).
Appears in 3 contracts
Samples: Framework Partnership Agreement, Framework Partnership Agreement, Framework Partnership Agreement
Termination; Default. 22.1 This Agreement may be terminated by any Partner giving not less than 12 3 Months' notice in writing to terminate this Agreement provided that such termination shall not take effect prior to the termination or expiry of all Individual Schemes.
22.2 Each Individual Scheme may be terminated in accordance with the terms set out in the relevant Scheme Specification provided that the Partners ensure that the Better Care Fund requirements continue to be met.
22.3 If any Partner (“Relevant Partner”) fails to meet any of its obligations under this Agreement, the other Partners (acting jointly) Partner may by notice require the Relevant Partner to take such reasonable action within a reasonable timescale as the other Partners Partner may specify to rectify such failure. Should the Relevant Partner fail to rectify such failure within such reasonable timescale, the matter shall be referred for resolution in accordance with Clause 23.
22.4 Termination of this Agreement (whether by effluxion of time or otherwise) shall be without prejudice to the Partners’ rights in respect of any antecedent breach and any terms the provisions of this Agreement that expressly or by implication survive termination of this Agreement.Clauses [to be inserted at signing]
22.5 In the event of termination of this Agreement, the Partners agree to cooperate to ensure an orderly wind down of their joint activities and to use their best endeavours to minimise disruption to the health and social care which is provided to the Service Users.
22.6 Upon termination of this Agreement for any reason whatsoever the following shall apply:
22.6.1 the Partners agree that they will work together and co-operate to ensure that the winding down and disaggregation of the any integrated and joint activities to the separate responsibilities of the Partners is carried out smoothly and with as little disruption as possible to Service Usersservice users, employees, the Partners and third parties, so as to minimise costs and liabilities of each Partner in doing so;
22.6.2 where either Partner has entered into a Service Contract in order to fulfil its obligations, pursuant to this Agreement, the term of which continues after the termination of this Agreement, both Partners shall continue to contribute to the Contract Price in accordance with the agreed Financial Contribution contribution for that Service prior to termination and will enter into all appropriate legal documentation required in respect of this;
22.6.3 the Lead Host Partner shall make reasonable endeavours to amend or terminate a Service Contract (which shall for the avoidance of doubt not include any act or omission that would place the Lead Host Partner in breach of the Service Contract) where the other Partner requests the same in writing, provided writing Provided that the Lead Host Partner shall not be required to make any payments to the Provider for such amendment or termination unless the Partners shall have agreed in advance who shall be responsible for any such payment;.
22.6.4 where a Service Contract held by a Lead Host Partner relates all or partially to services which relate to the other Partner's Functions then provided that the Service Contract allows, allows the other Partner may request that the Lead Host Partner assigns the Service Contract in whole or part upon the same terms mutatis mutandis as the original contract;.
22.6.5 the Partnership Board Integrated Commissioning Executive shall continue to operate for the purposes of functions associated with this Agreement for the remainder of any contracts and commitments relating to this Agreement; and
22.7 22.6.6 Termination of this Agreement shall have no effect on the liability or of any rights or remedies of the Partners either Partner already accrued, prior to the date upon which such termination takes effect.
22.8 22.7 In the event of termination in relation to an Individual Scheme or Service the provisions of Clause 22.6 shall apply mutatis mutandis in relation to the Individual Scheme or Service (as though references as to this Agreement were to that Individual SchemeScheme or Service).
Appears in 3 contracts
Samples: Framework Partnership Agreement, Framework Partnership Agreement, Framework Partnership Agreement
Termination; Default. 22.1 9.1 This Agreement may be terminated by any Partner giving not less than 12 6 (six) Months' notice in writing to terminate this Agreement provided that such termination shall not take effect prior to the termination or expiry of all Individual Schemes.
22.2 9.2 Each Individual Scheme may be terminated in accordance with the terms set out in the relevant Scheme Specification provided that the Partners ensure that the Better Care Fund requirements continue to be met.
22.3 9.3 If any Partner (“Relevant Partner”) fails to meet any of its obligations under this Agreement, the other Partners (acting jointly) may by notice require the Relevant Partner to take such reasonable action within a reasonable timescale as the other Partners may specify to rectify such failure. Should the Relevant Partner fail to rectify such failure within such reasonable timescale, the matter shall be referred for resolution in accordance with Clause 2310.
22.4 9.4 Termination of this Agreement (whether by effluxion of time or otherwise) shall be without prejudice to the Partners’ Partners‟ rights in respect of any antecedent breach and any terms of this Agreement that expressly or by implication survive termination of this Agreementbreach.
22.5 9.5 In the event of termination of this Agreement, the Partners agree to cooperate to ensure an orderly wind down of their joint activities and to use their best endeavours to minimise disruption to the health and social care which is provided to the Service Users.
22.6 9.6 Upon termination of this Agreement for any reason whatsoever the following shall apply:
22.6.1 9.6.1 the Partners agree that they will work together and co-operate to ensure that the winding down and disaggregation of the integrated and joint activities to the separate responsibilities of the Partners is carried out smoothly and with as little disruption as possible to Service Usersservice users, employees, the Partners and third parties, so as to minimise costs and liabilities of each Partner in doing so;
22.6.2 9.6.2 where either Partner has entered into a Service Contract in order to fulfil its obligations, pursuant to this Agreement, the term of which continues after the termination of this Agreement, both Partners shall continue to contribute to the Contract Price in accordance with the agreed Financial Contribution contribution for that Service prior to termination and will enter into all appropriate legal documentation required in respect of this;
22.6.3 9.6.3 the Lead Partner Commissioner shall make reasonable endeavours to amend or terminate a Service Contract (which shall for the avoidance of doubt not include any act or omission that would place the Lead Partner Commissioner in breach of the Service Contract) where the other Partner requests the same in writing, provided writing Provided that the Lead Partner Commissioner shall not be required to make any payments to the Provider for such amendment or termination unless the Partners shall have agreed in advance who shall be responsible for any such payment;.
22.6.4 9.6.4 where a Service Contract held by a Lead Partner Commissioner relates all or partially to services which relate to the other Partner's Functions then provided that the Service Contract allows, allows the other Partner may request that the Lead Partner Commissioner assigns the Service Contract in whole or part upon the same terms mutatis mutandis as the original contract;.
22.6.5 9.6.5 the Partnership Board shall continue to operate for the purposes of functions associated with this Agreement for the remainder of any contracts and commitments relating to this Agreement; and
22.7 9.6.6 Termination of this Agreement shall have no effect on the liability or of any rights or remedies of the Partners either Partner already accrued, prior to the date upon which such termination takes effect.
22.8 In the event of termination in relation to an Individual Scheme the provisions of Clause 22.6 shall apply mutatis mutandis in relation to the Individual Scheme (as though references as to this Agreement were to that Individual Scheme).
Appears in 3 contracts
Samples: Partnership Agreement, Partnership Agreement, Partnership Agreement
Termination; Default. 22.1 This Agreement may be terminated by any Partner giving not less than 12 Months' notice 21.1 The termination and default provisions as set out in writing Clauses 21.2 to terminate 21.8 of this Agreement provided that such termination shall not take effect prior to the termination or expiry of all Individual Schemeswill apply.
22.2 21.2 Each Individual Scheme may be terminated in accordance with the terms set out in the relevant Scheme Description and Specification (where applicable) provided that the Partners ensure that the Better Care Fund requirements continue to be met.
22.3 21.3 If any Partner (“Relevant Partner”) fails to meet any of its obligations under this Agreement, the other Partners (acting jointly) Partner may by notice require the Relevant Partner to take such reasonable action within a reasonable timescale as the other Partners may specify to rectify such failure. Should the Relevant Partner fail to rectify such failure within such reasonable timescale, the matter shall be referred for resolution in accordance with Clause 2322.
22.4 21.4 Termination of this Agreement (whether by effluxion of time or otherwise) shall be without prejudice to the Partners’ rights in respect of any antecedent breach and any terms of this Agreement that expressly or by implication survive termination of this Agreementbreach.
22.5 21.5 In the event of termination of this Agreement, the Partners agree to cooperate to ensure an orderly wind down of their joint activities and to use their best endeavours to minimise disruption to the health and social care which is provided to the Service Users.
22.6 21.6 Upon termination of this Agreement (or any part thereof) for any reason whatsoever the following shall will apply:
22.6.1 21.6.1 the Partners agree that they will work together and co-operate to ensure that the winding down and disaggregation of the integrated and joint activities to the separate responsibilities of the Partners is carried out smoothly and with as little disruption as possible to Service Usersservice users, employees, the Partners and third parties, so as to minimise costs and liabilities of each Partner in doing so;
22.6.2 21.6.2 where either Partner has entered into a Service Contract in order to fulfil its obligations, pursuant to this Agreement, the term of which continues after the termination of this Agreement, both Partners shall continue to contribute to the Contract Price in accordance with the agreed Financial Contribution contribution for that Service prior to termination and will enter into all appropriate legal documentation required in respect of this;
22.6.3 21.6.3 the Lead Partner shall Commissioner will make reasonable endeavours to amend or terminate a Service Contract (which shall for the avoidance of doubt not include any act or omission that would place the Lead Partner Commissioner in breach of the Service Contract) where the other Partner requests the same in writing, provided writing Provided that the Lead Partner shall Commissioner will not be required to make any payments to the Provider for such amendment or termination unless the Partners shall will have agreed in advance who shall be responsible for any such payment;.
22.6.4 21.6.4 where a Service Contract held by a Lead Partner Commissioner relates all or partially to services which relate to the other Partner's Functions then provided that the Service Contract allows, allows the other Partner may request that the Lead Partner Commissioner assigns the Service Contract in whole or part upon the same terms mutatis mutandis as the original contract;.
22.6.5 21.6.5 the Partnership Board shall will continue to operate for the purposes of functions associated with this Agreement for the remainder of any contracts and commitments relating to this Agreement; and
22.7 21.6.6 Termination of this Agreement shall have no effect on the liability or of any rights or remedies of the Partners either Partner already accrued, prior to the date upon which such termination takes effect.
22.8 21.7 In the event of termination in relation to an Individual Scheme the provisions of Clause 22.6 shall apply mutatis mutandis in relation to the Individual Scheme (as though references as to this Agreement were to that Individual Scheme).Clause
Appears in 3 contracts
Samples: Section 75 Agreement, Framework Partnership Agreement, Framework Partnership Agreement
Termination; Default. 22.1 24.1 This Agreement may be terminated by any Partner giving not less than 12 six 6 Months' notice in writing to terminate this Agreement provided that such termination shall not take effect prior to the termination or expiry of all Individual Schemes.
22.2 24.2 Each Individual Scheme may be terminated in accordance with the terms set out in the relevant Scheme Specification provided that the Partners ensure that the Better Care Fund requirements continue to be met.
22.3 24.3 If any Partner (“Relevant Partner”) fails to meet any of its obligations under this Agreement, the other Partners (acting jointly) Partner may by notice require the Relevant Partner to take such reasonable action within a reasonable timescale as the other Partners Partner may specify to rectify such failure. Should the Relevant Partner fail to rectify such failure within such reasonable timescale, the matter shall be referred for resolution dealt with in accordance with Clause 2325.
22.4 24.4 Termination of this Agreement (whether by effluxion of time or otherwise) shall be without prejudice to the Partners’ rights in respect of any antecedent breach and any terms the provisions of this Agreement that expressly or by implication survive termination of this AgreementClauses 16.1.
22.5 24.5 In the event of termination of this Agreement, the Partners agree to cooperate to ensure an orderly wind down of their joint activities and to use their best reasonable endeavours to minimise disruption to the health and social care which is provided to the Service Users.
22.6 24.6 Upon termination of this Agreement for any reason whatsoever the following shall apply:
22.6.1 24.6.1 the Partners agree that they will work together and co-operate to ensure that the winding down and disaggregation of the integrated and joint activities to the separate responsibilities of the Partners is carried out smoothly and with as little disruption as possible to Service Usersservice users, employees, the Partners and third parties, so as to minimise costs and liabilities of each Partner in doing so;
22.6.2 24.6.2 where either Partner has entered into a Service Contract in order to fulfil its obligations, pursuant to this Agreement, the term of which continues after the termination of this Agreement, both Partners shall continue to contribute to the Contract Price in accordance with the agreed Financial Contribution contribution for that Service prior to termination and will enter into all appropriate legal documentation required in respect of this;
22.6.3 24.6.3 the Lead Partner Commissioner shall make reasonable endeavours to amend or terminate a Service Contract (which shall for the avoidance of doubt not include any act or omission that would place the Lead Partner Commissioner in breach of the Service Contract) where the other Partner requests the same in writing, provided writing Provided that the Lead Partner Commissioner shall not be required to make any payments to the Provider for such amendment or termination unless the Partners shall have agreed in advance who shall be responsible for any such payment;
22.6.4 24.6.4 where a Service Contract held by a Lead Partner Commissioner relates all or partially to services which relate to the other Partner's Functions then provided that the Service Contract allows, allows the other Partner may request that the Lead Partner Commissioner assigns the Service Contract in whole or part upon the same terms mutatis mutandis as the original contract;.
22.6.5 24.6.5 the Partnership Joint Commissioning Board shall continue to operate for the purposes of functions associated with this Agreement for the remainder of any contracts and commitments relating to this Agreement; and
22.7 24.6.6 Termination of this Agreement shall have no effect on the liability or of any rights or remedies of the Partners either Partner already accrued, prior to the date upon which such termination takes effect.
22.8 24.7 In the event of termination in relation to an Individual Scheme the provisions of Clause 22.6 24.6 shall apply mutatis mutandis in relation to the Individual Scheme (as though references as to this Agreement were to that Individual Scheme).
Appears in 2 contracts
Samples: Framework Partnership Agreement, Framework Partnership Agreement
Termination; Default. 22.1 This Agreement may be terminated by any Partner giving not less than 12 3 Months' notice in writing to terminate this Agreement provided that such termination shall not take effect prior to the termination or expiry of all Individual Schemesthe obligations on the parties to maintain a Better Care Fund.
22.2 Each Individual Scheme may be terminated in accordance with the terms set out in the relevant Scheme Specification provided that the Partners ensure that the Better Care Fund requirements continue to be met.
22.3 If any Partner (“Relevant Partner”) fails to meet any of its obligations under this Agreement, the other Partners (acting jointly) may by notice require the Relevant Partner to take such reasonable action within a reasonable timescale as the other Partners may specify to rectify such failure. Should the Relevant Partner fail to rectify such failure within such reasonable timescale, the matter shall be referred for resolution in accordance with Clause 23.
22.4 Termination of this Agreement (whether by effluxion of time or otherwise) shall be without prejudice to the Partners’ rights in respect of any antecedent breach and any terms the provisions of this Agreement that expressly or by implication survive termination of this AgreementClauses 12, 15, 16, 21, 22 25, 26, 27, 28, 32, 33, 37 and 39.
22.5 In the event of termination of this Agreement, the Partners agree to cooperate to ensure an orderly wind down of their joint activities and to use their best endeavours to minimise disruption to the health and social care which is provided to the Service Users.
22.6 Upon termination of this Agreement for any reason whatsoever the following shall apply:
22.6.1 the Partners agree that they will work together and co-operate to ensure that the winding down and disaggregation of the integrated and joint activities to the separate responsibilities of the Partners is carried out smoothly and with as little disruption as possible to Service Usersservice users, employees, the Partners and third parties, so as to minimise costs and liabilities of each Partner in doing so;
22.6.2 where either Partner has entered into a Service Contract in order to fulfil its obligations, pursuant to this Agreement, the term of which continues after the termination of this Agreement, both Partners shall continue to contribute to the Contract Price in accordance with the agreed Financial Contribution contribution for that Service prior to termination and will enter into all appropriate legal documentation required in respect of this;
22.6.3 the Lead Partner Commissioner shall make reasonable endeavours to amend or terminate a Service Contract (which shall for the avoidance of doubt not include any act or omission that would place the Lead Partner Commissioner in breach of the Service Contract) where the other Partner requests the same in writing, provided writing Provided that the Lead Partner Commissioner shall not be required to make any payments to the Provider for such amendment or termination unless the Partners shall have agreed in advance who shall be responsible for any such payment;.
22.6.4 where a Service Contract held by a Lead Partner Commissioner relates all or partially to services which relate to the other Partner's Functions then provided that the Service Contract allows, allows the other Partner may request that the Lead Partner Commissioner assigns the Service Contract in whole or part upon the same terms mutatis mutandis as the original contract;.
22.6.5 the Partnership Board BCF Operational Group shall continue to operate for the purposes of functions associated with this Agreement for the remainder of any contracts and commitments relating to this Agreement; and
22.7 22.6.6 Termination of this Agreement shall have no effect on the liability or of any rights or remedies of the Partners either Partner already accrued, prior to the date upon which such termination takes effect.
22.8 22.7 In the event of termination in relation to an Individual Scheme the provisions of Clause 22.6 shall apply mutatis mutandis in relation to the Individual Scheme (as though references as to this Agreement were to that Individual Scheme).
Appears in 2 contracts
Samples: Framework Partnership Agreement, Framework Partnership Agreement
Termination; Default. 22.1 This Agreement may be terminated by any Partner giving not less than 12 3 Months' notice in writing to terminate this Agreement provided that such termination shall not take effect prior to the termination or expiry of all Individual Schemes.
22.2 Each Individual Scheme may be terminated in accordance with the terms set out in the relevant Scheme Specification provided that the Partners ensure that the Better Care Fund requirements continue to be met.
22.3 If any Partner (“Relevant Partner”) fails to meet any of its obligations under this Agreement, the other Partners (acting jointly) Partner may by notice require the Relevant Partner to take such reasonable action within a reasonable timescale as the other Partners Partner may specify to rectify such failure. Should the Relevant Partner fail to rectify such failure within such reasonable timescale, the matter shall be referred for resolution in accordance with Clause 23.
22.4 Termination of this Agreement (whether by effluxion of time or otherwise) shall be without prejudice to the Partners’ rights in respect of any antecedent breach and any terms the provisions of this Agreement that expressly or by implication survive termination of this AgreementClauses 16, 22.6, 23, 25, 26, 27 and 28.
22.5 In the event of termination of this Agreement, the Partners agree to cooperate to ensure an orderly wind down of their joint activities and to use their best endeavours to minimise disruption to the health and social care which is provided to the Service Users.
22.6 Upon termination of this Agreement for any reason whatsoever the following shall apply:
22.6.1 the Partners agree that they will work together and co-operate to ensure that the winding down and disaggregation of the any integrated and joint activities to the separate responsibilities of the Partners is carried out smoothly and with as little disruption as possible to Service Usersservice users, employees, the Partners and third parties, so as to minimise costs and liabilities of each Partner in doing so;
22.6.2 where either Partner has entered into a Service Contract in order to fulfil its obligations, pursuant to this Agreement, the term of which continues after the termination of this Agreement, both Partners shall continue to contribute to the Contract Price in accordance with the agreed Financial Contribution contribution for that Service prior to termination and will enter into all appropriate legal documentation required in respect of this;
22.6.3 the Lead Host Partner shall make reasonable endeavours to amend or terminate a Service Contract (which shall for the avoidance of doubt not include any act or omission that would place the Lead Host Partner in breach of the Service Contract) where the other Partner requests the same in writing, provided writing Provided that the Lead Host Partner shall not be required to make any payments to the Provider for such amendment or termination unless the Partners shall have agreed in advance who shall be responsible for any such payment;.
22.6.4 where a Service Contract held by a Lead Host Partner relates all or partially to services which relate to the other Partner's Functions then provided that the Service Contract allows, allows the other Partner may request that the Lead Host Partner assigns the Service Contract in whole or part upon the same terms mutatis mutandis as the original contract;.
22.6.5 the Integrated Care Partnership Board shall continue to operate for the purposes of functions associated with this Agreement for the remainder of any contracts and commitments relating to this Agreement; and
22.7 22.6.6 Termination of this Agreement shall have no effect on the liability or of any rights or remedies of the Partners either Partner already accrued, prior to the date upon which such termination takes effect.
22.8 22.7 In the event of termination in relation to an Individual Scheme or Service the provisions of Clause 22.6 shall apply mutatis mutandis in relation to the Individual Scheme or Service (as though references as to this Agreement were to that Individual SchemeScheme or Service).
Appears in 2 contracts
Samples: Framework Partnership Agreement, Framework Partnership Agreement
Termination; Default. 22.1 This Agreement may be terminated by any Partner giving Party. Arrangements for early termination or review are covered in each Schedule. The minimum notice period required should not be less than 12 Months' six (6) months notice in writing to terminate this Agreement provided that such termination shall not take effect prior to the termination or expiry of all Individual Schemeswriting.
22.2 Each Individual Scheme may be terminated in accordance with the terms set out in the relevant Scheme Schedule or Summary Scheme Specification provided that the Partners ensure that the statutory service requirements and Better Care Fund requirements requirement continue to be met. The process for variation of service specification/ schedules is documented in 30.1.
22.3 If any Partner (“Relevant Partner”) fails to meet any of its obligations under this Agreement, the other Partners (acting jointly) may by notice require the Relevant Partner to take such reasonable action within a reasonable timescale as the other Partners may specify to rectify such failure. Should the Relevant Partner fail to rectify such failure within such reasonable timescale, the matter shall be referred for resolution in accordance with Clause 23.
22.4 Termination of this Agreement (whether by effluxion of time or otherwise) shall be without prejudice to the Partners’ rights in respect of any antecedent breach and any terms of this Agreement that expressly or by implication survive termination of this Agreement.
22.5 In the event of termination of this Agreement, the Partners agree to cooperate to ensure an orderly wind down of their joint activities and to use their best endeavours to minimise disruption to the health and social care which is provided to the Service Users.
22.6 Upon termination of this Agreement for any reason whatsoever the following shall apply:
22.6.1 22.7 the Partners agree that they will work together and co-operate to ensure that the winding down and disaggregation of the integrated and joint activities to the separate responsibilities of the Partners is carried out smoothly and with as little disruption as possible to Service Usersservice users, employees, the Partners and third parties, so as to minimise costs and liabilities of each Partner in doing so;
22.6.2 22.8 where either Partner has entered into a Service Contract in order to fulfil its obligations, pursuant to this Agreement, the term of which continues after the termination of this Agreement, both Partners shall continue to contribute to the Contract Price in accordance with the agreed Financial Contribution contribution for that Service prior to termination and will enter into all appropriate legal documentation required in respect of this;
22.6.3 22.8.1 the Lead Partner shall make reasonable endeavours to amend or terminate a Service Contract (which shall for the avoidance of doubt not include any act or omission that would place the Lead Partner in breach of the Service Contract) where the other Partner requests the same in writing, provided that writing PROVIDED THAT the Lead Partner shall not be required to make any payments to the Provider for such amendment or termination unless the Partners shall have agreed in advance who shall be responsible for any such payment;.
22.6.4 22.8.2 where a Service Contract held by a Lead Partner relates all or partially to services which relate to the other Partner's Functions then provided that the Service Contract allows, allows the other Partner may request that the Lead Partner assigns the Service Contract in whole or part upon the same terms mutatis mutandis as the original contract;.
22.6.5 22.8.3 the Partnership Board shall continue to operate for the purposes of functions associated with this Agreement for the remainder of any contracts and commitments relating to this Agreement; and
22.7 22.8.4 Termination of this Agreement shall have no effect on the liability or of any rights or remedies of the Partners either Partner already accrued, prior to the date upon which such termination takes effect.
22.8 In the event of termination in relation to an Individual Scheme the provisions of Clause 22.6 shall apply mutatis mutandis in relation to the Individual Scheme (as though references as to this Agreement were to that Individual Scheme).
Appears in 2 contracts
Samples: Framework Partnership Agreement, Framework Partnership Agreement
Termination; Default. 22.1 21.1 This Agreement may be terminated by any Partner giving not less than 12 6 Months' prior notice in writing to terminate this Agreement provided that such termination shall not take effect prior to the termination or expiry of all Individual Schemes.
22.2 Each 21.2 Termination of approved Individual Schemes will be recommended and approved by the Health and Wellbeing Board, Where an Individual Scheme may is provided by third parties, notice periods and termination conditions will be terminated governed by the conditions contained within the contract for services: - for the ICB this is the Standard NHS Contract and for the Council this is the Standard Council Terms and Conditions for Services. Where an Individual Scheme is provided in-house by either party under this Agreement, notice periods and termination conditions will be agreed by the Health and Wellbeing Board. Notice periods and conditions will not exceed those contained in accordance with third party contracts: for the terms set out in ICB this would be the relevant Scheme Specification provided that Standard NHS Contract and for the Partners ensure that Council this would be the Better Care Fund requirements continue to be met.Standard Council Terms and Conditions for Services,
22.3 21.3 If any Partner (“Relevant Partner”) fails to meet any of its obligations under this Agreement, the other Partners (acting jointly) may by notice require the Relevant Partner to take such reasonable action within a reasonable timescale as the other Partners Partner may specify to rectify such failure. Should the Relevant Partner fail to rectify such failure within such reasonable timescale, the matter shall be referred for resolution in accordance with Clause 23.
22.4 21.4 Termination of this Agreement (whether by effluxion of time or otherwise) shall be without prejudice to the Partners’ rights in respect of any antecedent breach and breach, any terms other rights of termination contained in this Agreement that expressly or by implication survive termination of this AgreementIndividual Schemes or Other Arrangements.
22.5 21.5 In the event of termination of this Agreement, the Partners agree to cooperate to ensure an orderly wind down of their joint activities and to use their best endeavours to minimise disruption to the health and social care which is provided to the Service Users.
22.6 21.6 Upon termination of this Agreement for any reason whatsoever the following shall apply:
22.6.1 21.6.1 the Partners agree that they will work together and co-operate to ensure that the winding down and disaggregation of the integrated and joint activities to the separate responsibilities of the Partners is carried out smoothly and with as little disruption as possible to Service Users, employees, the Partners and third parties, so as to minimise costs and liabilities of each Partner in doing so;
22.6.2 21.6.2 where either Partner has entered into a Service Contract in order to fulfil its obligations, pursuant to this Agreement, the term of which continues after the termination of this Agreement, both Partners shall continue to contribute to the Contract Price in accordance with the agreed Financial Contribution contribution for that Service prior to termination and will enter into all appropriate legal documentation required in respect of this;
22.6.3 21.6.3 the Lead Partner Commissioner shall make reasonable endeavours to amend or terminate a Service Contract (which shall for the avoidance of doubt not include any act or omission that would place the Lead Partner Commissioner in breach of the Service Contract) where the other Partner requests the same in writing, writing provided that the Lead Partner Commissioner shall not be required to make any payments to the Provider for such amendment or termination unless the Partners shall have agreed in advance who shall be responsible for any such payment;
22.6.4 21.6.4 where a Service Contract held by a Lead Partner Commissioner relates all or partially to services which relate to the other Partner's Functions then provided that the Service Contract allows, allows the other Partner may request that the Lead Partner Commissioner assigns the Service Contract in whole or part upon the same terms mutatis mutandis as the original contract;
22.6.5 21.6.5 the Partnership Health and Wellbeing Board shall continue to operate for the purposes of functions associated with this Agreement for the remainder of any contracts and commitments relating to this Agreement; and
22.7 21.6.6 Termination of this Agreement shall have no effect on the liability or of any rights or remedies of the Partners either Partner already accrued, prior to the date upon which such termination takes effect.
22.8 21.7 In the event of termination in relation to an Individual Scheme the provisions of Clause 22.6 21.6 shall apply mutatis mutandis in relation to the Individual Scheme (as though references as to this Agreement were to that Individual Scheme).
21.8 Upon termination of this Agreement for any reason whatsoever the following clauses shall continue to survive:
21.8.1 Clause 20 (Complaints);
21.8.2 Clause 23 (Dispute Resolution);
21.8.3 Clause 25 (Confidentiality) for a period of 6 years from the date of termination;
21.8.4 Clause 26 (Freedom of Information and Environmental Protection Regulations) in so far as the request relates to the provision of this Agreement;
21.8.5 Clause 27 (Ombudsman);
21.8.6 Clause 28 (Information Sharing) for a period of 6 years from the date of termination.
Appears in 2 contracts
Samples: Framework Partnership Agreement, Framework Partnership Agreement
Termination; Default. 22.1
25.1 This Agreement may be terminated by any Partner either Party giving not less than 12 Monthsthree months' notice in writing to terminate this Agreement provided that such termination shall not take effect prior to or as otherwise agreed between the termination or expiry of all Individual SchemesParties.
22.2 25.2 Each Individual Scheme of the individual Services may be terminated in accordance with the terms set out in the relevant Scheme Specification Service Contract provided that the Partners Parties ensure that the Better Care Fund requirements continue to be met.
22.3 25.3 If any Partner Party (“Relevant PartnerParty”) fails to meet any of its obligations under this Agreement, the other Partners (acting jointly) Party may by notice require the Relevant Partner Party to take such reasonable action within a reasonable timescale as the other Partners Party may specify to rectify such failure. Should the Relevant Partner Party fail to rectify such failure within such reasonable timescale, timescale the matter shall be referred for resolution in accordance with Clause 2326.
22.4 25.4 Termination of this Agreement (whether by effluxion of time or otherwise) shall be without prejudice to the PartnersParties’ rights in respect of any antecedent breach and any terms the provisions of this Agreement that expressly or by implication survive termination of this AgreementClauses 19 and 28.
22.5 In the event of termination of this Agreement, the Partners agree to cooperate to ensure an orderly wind down of their joint activities and to use their best endeavours to minimise disruption to the health and social care which is provided to the Service Users.
22.6 25.5 Upon termination of this Agreement for any reason whatsoever the following shall apply:
22.6.1 25.5.1 the Partners Parties agree that they will work together and co-operate to ensure that the winding down and disaggregation of the integrated and joint activities to the separate responsibilities of the Partners Parties is carried out smoothly and with as little disruption as possible to Service Usersservice users, employees, the Partners Parties, and third parties, parties so as to minimise costs and liabilities of each Partner Party in doing so;
22.6.2 25.5.2 where either Partner Party has entered into a Service Contract in order to fulfil its obligations, pursuant to this Agreement, the term of which continues after the termination of this Agreement, both Partners Parties shall continue to contribute to the Contract Price in accordance with the agreed Financial Contribution contribution for that Service prior to termination and will enter into all appropriate legal documentation required in respect of this;
22.6.3 25.5.3 the Lead Partner Commissioner shall make reasonable endeavours endeavors to amend or terminate a Service Contract (which shall for the avoidance of doubt not include any act or omission that would place the Lead Partner Commissioner in breach of the Service Contract) where the other Partner Party requests the same in writing, writing provided that the Lead Partner Commissioner shall not be required to make any payments to the Provider for such amendment or termination unless the Partners Parties shall have agreed in advance who shall be responsible for any such payment;
22.6.4 25.5.4 where a Service Contract held by a Lead Partner Commissioner relates all or partially to services which relate to the other PartnerParty's Functions then provided that the Service Contract allows, allows for it the other Partner Party may request that the Lead Partner Commissioner assigns the Service Contract in whole or part upon the same terms mutatis mutandis as the original contract;
22.6.5 25.5.5 the Tameside Strategic Partnership Board Committee shall continue to operate for the purposes of functions associated with this Agreement for the remainder of any contracts and commitments relating to this Agreement; and
22.7 Termination of this Agreement shall have no effect on the liability or any rights or remedies of the Partners already accrued, prior to the date upon which such termination takes effect.
22.8 In the event of termination in relation to an Individual Scheme the provisions of Clause 22.6 shall apply mutatis mutandis in relation to the Individual Scheme (as though references as to this Agreement were to that Individual Scheme).
Appears in 2 contracts
Samples: Framework Section 75 Agreement, Framework Section 75 Agreement
Termination; Default. 22.1 This Agreement may be terminated by any either Partner giving not less than 12 3 Months' notice in writing to terminate this Agreement provided that such termination shall not take effect prior to the termination or expiry of all Individual Schemes.
22.2 Each Individual Scheme may be terminated in whole or in part on 3 months’ written notice in accordance with the any terms set out in the relevant Scheme Specification provided that the Partners ensure that the Better Care Fund and Improved Better Care Fund requirements continue to be met.
22.3 If any Partner (“Relevant Partner”) fails to meet any of its obligations under this Agreement, the other Partners (acting jointly) Partner may by notice require the Relevant Partner to take such reasonable action within a reasonable timescale as the other Partners Partner may specify to rectify such failure. Should the Relevant Partner fail to rectify such failure within such reasonable timescale, the matter shall be referred for resolution in accordance with Clause 2323 (Dispute Resolution).
22.4 Termination of this Agreement (whether by effluxion of time or otherwise) shall be without prejudice to the Partners’ rights in respect of any antecedent breach and any terms of this Agreement that expressly or by implication survive termination of this Agreementbreach.
22.5 In the event of termination of this Agreement, the Partners agree to cooperate to ensure an orderly wind down of their joint activities and to use their best endeavours to minimise disruption to the health and social care which is provided to the Service Users.
22.6 Upon termination of this Agreement for any reason whatsoever the following shall apply:
22.6.1 the Partners agree that they will work together and co-operate to ensure that the winding down and disaggregation of the integrated and joint activities to the separate responsibilities of the Partners is carried out smoothly and with as little disruption as possible to Service Users, employees, the Partners and third parties, so as to minimise costs and liabilities of each Partner in doing so;
22.6.2 where either Partner has entered into a Service Services Contract in order to fulfil its obligations, pursuant to this Agreement, the term of which continues after the termination of this Agreement, both Partners Agreement then the contract shall continue to contribute be novated to the Contract Price in accordance with the agreed Financial Contribution for that Service prior to termination commissioner or Lead Commissioner and will enter into all appropriate legal documentation required in respect of this;
22.6.3 the commissioner or Lead Partner Commissioner shall make reasonable endeavours to amend or terminate a Service Services Contract (which shall for the avoidance of doubt not include any act or omission that would place the Lead Partner Commissioner in breach of the Service Services Contract) where the other Partner requests the same in writing, writing provided that the Lead Partner Commissioner shall not be required to make any payments to the Provider for such amendment or termination unless the Partners shall have agreed in advance who shall be responsible for any such payment;
22.6.4 where a Service Services Contract held by a commissioner or Lead Partner Commissioner relates all or partially to services Services which relate to the other Partner's Functions then provided that the Service Services Contract allows, the other Partner may request that the commissioner or Lead Partner Commissioner assigns the Service Services Contract in whole or part upon the same terms mutatis mutandis as the original contract;
22.6.5 the Commissioning Partnership Board shall continue to operate for the purposes of functions associated with this Agreement for the remainder of any contracts Services Contracts and commitments relating to this Agreement; and
22.7 Termination of this Agreement shall have no effect on the liability or any rights or remedies of the Partners already accrued, prior to the date upon which such termination takes effect.
22.8 In the event of termination in relation to an Individual Scheme the provisions of Clause 22.6 shall apply mutatis mutandis in relation to the Individual Scheme (as though references as to this Agreement were to that Individual Scheme).
Appears in 2 contracts
Samples: Partnership Agreement, Partnership Agreement
Termination; Default. 22.1 This Agreement may be terminated by any Partner giving not less than 12 Months' notice 21.1 The termination and default provisions as set out in writing Clauses 21.2 to terminate 21.8 of this Agreement provided that such termination shall not take effect prior to the termination or expiry of all Individual Schemeswill apply.
22.2 21.2 Each Individual Scheme may be terminated in accordance with the terms set out in the relevant Scheme Description and Specification (where applicable) provided that the Partners ensure that the Better Care Fund requirements continue to be met.
22.3 21.3 If any Partner (“Relevant Partner”) fails to meet any of its obligations under this Agreement, the other Partners (acting jointly) Partner may by notice require the Relevant Partner to take such reasonable action within a reasonable timescale as the other Partners may specify to rectify such failure. Should the Relevant Partner fail to rectify such failure within such reasonable timescale, the matter shall be referred for resolution in accordance with Clause 2322.
22.4 21.4 Termination of this Agreement (whether by effluxion of time or otherwise) shall be without prejudice to the Partners’ rights in respect of any antecedent breach and any terms of this Agreement that expressly or by implication survive termination of this Agreementbreach.
22.5 21.5 In the event of termination of this Agreement, the Partners agree to cooperate to ensure an orderly wind down of their joint activities and to use their best endeavours to minimise disruption to the health and social care which is provided to the Service Users.
22.6 21.6 Upon termination of this Agreement for any reason whatsoever the following shall will apply:
22.6.1 21.6.1 the Partners agree that they will work together and co-operate to ensure that the winding down and disaggregation of the integrated and joint activities to the separate responsibilities of the Partners is carried out smoothly and with as little disruption as possible to Service Usersservice users, employees, the Partners and third parties, so as to minimise costs and liabilities of each Partner in doing so;
22.6.2 21.6.2 where either Partner has entered into a Service Contract in order to fulfil its obligations, pursuant to this Agreement, the term of which continues after the termination of this Agreement, both Partners shall continue to contribute to the Contract Price in accordance with the agreed Financial Contribution contribution for that Service prior to termination and will enter into all appropriate legal documentation required in respect of this;
22.6.3 21.6.3 the Lead Partner shall Commissioner will make reasonable endeavours to amend or terminate a Service Contract (which shall for the avoidance of doubt not include any act or omission that would place the Lead Partner Commissioner in breach of the Service Contract) where the other Partner requests the same in writing, provided writing Provided that the Lead Partner shall Commissioner will not be required to make any payments to the Provider for such amendment or termination unless the Partners shall will have agreed in advance who shall be responsible for any such payment;.
22.6.4 21.6.4 where a Service Contract held by a Lead Partner Commissioner relates all or partially to services which relate to the other Partner's Functions then provided that the Service Contract allows, allows the other Partner may request that the Lead Partner Commissioner assigns the Service Contract in whole or part upon the same terms mutatis mutandis as the original contract;.
22.6.5 21.6.5 the Partnership Board shall will continue to operate for the purposes of functions associated with this Agreement for the remainder of any contracts and commitments relating to this Agreement; and
22.7 21.6.6 Termination of this Agreement shall have no effect on the liability or of any rights or remedies of the Partners either Partner already accrued, prior to the date upon which such termination takes effect.
22.8 21.7 In the event of termination in relation to an Individual Scheme the provisions of Clause 22.6 shall 21.6 will apply mutatis mutandis in relation to the Individual Scheme (as though references as to this Agreement were to that Individual Scheme).
Appears in 1 contract
Samples: Framework Partnership Agreement
Termination; Default. 22.1 21.1 This Agreement may be terminated by any Partner giving not less than 12 6 Months' notice in writing to terminate this Agreement provided that such termination shall not take effect prior to the termination or expiry of all Individual Schemes.
22.2 21.2 Each Individual Scheme may be terminated in accordance with the terms set out in the relevant Scheme Specification provided that the Partners ensure that the Better Care Fund requirements continue to be met.
22.3 21.3 If any Partner (“Relevant Partner”) fails to meet any of its obligations under this Agreement, the other Partners (acting jointly) may by notice require the Relevant Partner to take such reasonable action within a reasonable timescale as the other Partners may specify to rectify such failure. Should the Relevant Partner fail to rectify such failure within such reasonable timescale, the matter shall be referred for resolution in accordance with Clause 23.
22.4 21.4 Termination of this Agreement (whether by effluxion of time or otherwise) shall be without prejudice to the Partners’ rights in respect of any the antecedent breach and any terms of this Agreement that expressly or by implication survive termination of this Agreementbreach.
22.5 21.5 In the event of termination of this Agreement, the Partners agree to cooperate to ensure an orderly wind down of their joint activities and to use their best endeavours to minimise disruption to the health and social care which is provided to the Service Users.
22.6 21.6 Upon termination of this Agreement for any reason whatsoever the following shall apply:
22.6.1 21.6.1 the Partners agree that they will work together and co-operate to ensure that the winding down and disaggregation of the integrated and joint activities to the separate responsibilities of the Partners is carried out smoothly and with as little disruption as possible to Service Usersservice users, employees, the Partners and third parties, so as to minimise costs and liabilities of each Partner in doing so;
22.6.2 21.6.2 where either Partner has entered into a Service Contract in order to fulfil its obligations, pursuant to this Agreement, the term of which continues after the termination of this Agreement, both Partners shall continue to contribute to the Contract Price in accordance with the agreed Financial Contribution contribution for that Service prior to termination and will enter into all appropriate legal documentation required in respect of this;
22.6.3 21.6.3 the Lead Partner Commissioner shall make reasonable endeavours to amend or terminate a Service Contract (which shall for the avoidance of doubt not include any act or omission that would place the Lead Partner Commissioner in breach of the Service Contract) where the other Partner requests the same in writing, provided writing Provided that the Lead Partner Commissioner shall not be required to make any payments to the Provider for such amendment or termination unless the Partners shall have agreed in advance who shall be responsible for any such payment;.
22.6.4 21.6.4 where a Service Contract held by a Lead Partner Commissioner relates all or partially to services which relate to the other Partner's Functions then provided that the Service Contract allows, allows the other Partner may request that the Lead Partner Commissioner assigns the Service Contract in whole or part upon the same terms mutatis mutandis as the original contract;.
22.6.5 21.6.5 the Partnership Board shall continue to operate for the purposes of functions associated with this Agreement for the remainder of any contracts and commitments relating to this Agreement; and
22.7 21.6.6 Termination of this Agreement shall have no effect on the liability or of any rights or remedies of the Partners either Partner already accrued, prior to the date upon which such termination takes effect.
22.8 21.7 In the event of termination in relation to an Individual Scheme the provisions of Clause 22.6 shall apply mutatis mutandis in relation to the Individual Scheme (as though references as to this Agreement were to that Individual Scheme).
Appears in 1 contract
Samples: Framework Partnership Agreement
Termination; Default. 22.1 1. This Agreement may be terminated by any Partner giving not less than 12 3 Months' notice in writing to terminate this Agreement provided that such termination shall not take effect prior to the termination or expiry of all Individual Schemes.
22.2 2. Each Individual Scheme may be terminated in accordance with the terms set out in the relevant Scheme Specification and contracting arrangements of the Lead Commissioner, provided that the Partners ensure that the Better Care Fund requirements continue to be met.
22.3 3. If any Partner (“Relevant Partner”) fails to meet any of its obligations under this Agreement, the other Partners (acting jointly) Partner may by notice require the Relevant Partner to take such reasonable action within a reasonable timescale as the other Partners Partner may specify to rectify such failure. Should the Relevant Partner fail to rectify such failure within such reasonable timescale, the matter shall be referred for resolution in accordance with Clause 23.
22.4 4. Termination of this Agreement (whether by effluxion of time or otherwise) shall be without prejudice to the Partners’ rights in respect of any antecedent breach and any terms of this Agreement that which either expressly or by implication survive termination of this Agreement.
22.5 5. In the event of termination of this Agreement, the Partners agree to cooperate to ensure an orderly wind down of their joint activities and to use their best endeavours to minimise disruption to the health and social care which is provided to the Service Users.
22.6 6. Upon termination of this Agreement for any reason whatsoever the following shall apply:
22.6.1 21.6.1 the Partners agree that they will work together and co-operate to ensure that the winding down and disaggregation of the integrated and joint activities to the separate responsibilities of the Partners is carried out smoothly and with as little disruption as possible to Service Usersservice users, employees, the Partners and third parties, so as to minimise costs and liabilities of each Partner in doing so;
22.6.2 21.6.2 where either Partner has entered into a Service Contract in order to fulfil its obligations, pursuant to this Agreement, the term of which continues after the termination of this Agreement, both Partners shall continue to contribute to the Contract Price in accordance with the agreed Financial Contribution contribution for that Service prior to termination and will enter into all appropriate legal documentation required in respect of this;
22.6.3 21.6.3 where necessary, the Lead Partner Commissioner shall make reasonable endeavours to amend or terminate a Service Contract (which shall for the avoidance of doubt not include any act or omission that would place the Lead Partner Commissioner in breach of the Service Contract) where the other Partner requests the same in writing, provided writing Provided that the Lead Partner Commissioner shall not be required to make any payments to the Provider for such amendment or termination unless the Partners shall have agreed in advance who shall be responsible for any such payment;.
22.6.4 21.6.4 where a Service Contract held by a Lead Partner Commissioner relates all or partially to services which relate to the other Partner's Functions then provided that the Service Contract allows, allows the other Partner may request that the Lead Partner Commissioner assigns the Service Contract in whole or part upon the same terms mutatis mutandis as the original contractcontract (for the avoidance of doubt, where Joint (Aligned) Commissioning arrangements are in place and one Partner is the sole commissioner of a Service, the commissioning Partner shall be entitled to continue to commission that Service under the relevant Service Contract at its own cost, following termination of this Agreement);
22.6.5 21.6.5 the Partnership Board JCG shall continue to operate for the purposes of functions associated with this Agreement for the remainder of any contracts and commitments relating to this Agreement; and
22.7 21.6.6 Termination of this Agreement shall have no effect on the liability or of any rights or remedies of the Partners either Partner already accrued, prior to the date upon which such termination takes effect.
22.8 7. In the event of termination in relation to an Individual Scheme or Service the Partners shall ensure that the Better Care Fund requirements of the Partners can continue to be met and the provisions of Clause 22.6 22.5 shall apply mutatis mutandis in relation to the Individual Scheme (as though references as to this Agreement were to that Individual Scheme).
Appears in 1 contract
Samples: Framework Partnership Agreement
Termination; Default. 22.1 This Agreement may be terminated by any Partner giving not less than 12 Months' notice 21.1 The termination and default provisions as set out in writing clauses 21.2 to terminate 21.8 of this Agreement provided that such termination shall not take effect prior to the termination or expiry of all Individual Schemesapply.
22.2 21.2 Each Individual Scheme may be terminated in accordance with the terms set out in the relevant Scheme Description and Specification (where applicable) provided that the Partners ensure that the Better Care Fund requirements continue to be met.
22.3 21.3 If any Partner (“Relevant Partner”) fails to meet any of its obligations under this Agreement, the other Partners (acting jointly) Partner may by notice require the Relevant Partner to take such reasonable action within a reasonable timescale as the other Partners may specify to rectify such failure. Should the Relevant Partner fail to rectify such failure within such reasonable timescale, the matter shall be referred for resolution in accordance with Clause 23.
22.4 21.4 Termination of this Agreement (whether by effluxion of time or otherwise) shall be without prejudice to the Partners’ rights in respect of any antecedent breach and any terms of this Agreement that expressly or by implication survive termination of this Agreementbreach.
22.5 21.5 In the event of termination of this Agreement, the Partners agree to cooperate to ensure an orderly wind down of their joint activities and to use their best endeavours to minimise disruption to the health and social care which is provided to the Service Users.
22.6 21.6 Upon termination of this Agreement for any reason whatsoever the following shall apply:
22.6.1 21.6.1 the Partners agree that they will work together and co-operate to ensure that the winding down and disaggregation of the integrated and joint activities to the separate responsibilities of the Partners is carried out smoothly and with as little disruption as possible to Service Usersservice users, employees, the Partners and third parties, so as to minimise costs and liabilities of each Partner in doing so;
22.6.2 21.6.2 where either Partner has entered into a Service Contract in order to fulfil its obligations, pursuant to this Agreement, the term of which continues after the termination of this Agreement, both Partners shall continue to contribute to the Contract Price in accordance with the agreed Financial Contribution contribution for that Service prior to termination and will enter into all appropriate legal documentation required in respect of this;
22.6.3 21.6.3 the Lead Partner Commissioner shall make reasonable endeavours to amend or terminate a Service Contract (which shall for the avoidance of doubt not include any act or omission that would place the Lead Partner Commissioner in breach of the Service Contract) where the other Partner requests the same in writing, provided writing Provided that the Lead Partner Commissioner shall not be required to make any payments to the Provider for such amendment or termination unless the Partners shall have agreed in advance who shall be responsible for any such payment;.
22.6.4 21.6.4 where a Service Contract held by a Lead Partner Commissioner relates all or partially to services which relate to the other Partner's Functions then provided that the Service Contract allows, allows the other Partner may request that the Lead Partner Commissioner assigns the Service Contract in whole or part upon the same terms mutatis mutandis as the original contract;.
22.6.5 21.6.5 the Partnership Board shall continue to operate for the purposes of functions associated with this Agreement for the remainder of any contracts and commitments relating to this Agreement; and
22.7 21.6.6 Termination of this Agreement shall have no effect on the liability or of any rights or remedies of the Partners either Partner already accrued, prior to the date upon which such termination takes effect.
22.8 21.7 In the event of termination in relation to an Individual Scheme the provisions of Clause 22.6 21.6 shall apply mutatis mutandis in relation to the Individual Scheme (as though references as to this Agreement were to that Individual Scheme).
Appears in 1 contract
Samples: Framework Partnership Agreement
Termination; Default. 22.1 20.1 This Agreement may be terminated by any Partner giving not less than 12 Monthsmonths' notice in writing to terminate this Agreement provided that such termination shall not take effect prior to the termination or expiry of all Individual SchemesAgreement.
22.2 Each Individual Scheme may be terminated in accordance with the terms set out in the relevant Scheme Specification provided that the Partners ensure that the Better Care Fund requirements continue to be met.
22.3 20.2 If any Partner (“Relevant Partner”) fails to meet any of its obligations under this Agreement, the other Partners (acting jointly) may by notice require the Relevant Partner to take such reasonable action within a reasonable timescale as the other Partners may specify to rectify such failure. Should the Relevant Partner fail to rectify such failure within such reasonable timescale, the matter shall be referred for resolution in accordance with Clause 2321.
22.4 20.3 Termination of this Agreement (whether by effluxion of time or otherwise) shall be without prejudice to the Partners’ rights in respect of any antecedent breach and any terms of this Agreement that expressly or by implication survive termination of this Agreementbreach.
22.5 In the event of termination of this Agreement, the Partners agree to cooperate to ensure an orderly wind down of their joint activities and to use their best endeavours to minimise disruption to the health and social care which is provided to the Service Users.
22.6 20.4 Upon termination of this Agreement for any reason whatsoever the following shall apply:
22.6.1 20.4.1 the Partners agree that they will work together and co-operate to ensure that the winding down and disaggregation of the integrated and joint activities to the separate responsibilities of the Partners is carried out smoothly and with as little disruption as possible to Service Usersservice users, employees, the Partners and third parties, so as to minimise costs and liabilities of each Partner in doing so;
22.6.2 20.4.2 where either Partner has entered into a Service Contract in order to fulfil its obligations, pursuant to this Agreement, the term of which continues after the termination of this Agreement, both Partners shall continue to contribute to the Contract Price in accordance with the agreed Financial Contribution contribution for that Service prior to termination and will enter into all appropriate legal documentation required in respect of this;
22.6.3 20.4.3 the Lead Partner Commissioner shall make reasonable endeavours to amend or terminate a Service Contract (which shall for the avoidance of doubt not include any act or omission that would place the Lead Partner Commissioner in breach of the Service Contract) where the other Partner requests the same in writing, provided writing Provided that the Lead Partner Commissioner shall not be required to make any payments to the Provider for such amendment or termination unless the Partners shall have agreed in advance who shall be responsible for any such payment;.
22.6.4 20.4.4 where a Service Contract held by a Lead Partner Commissioner relates all or partially to services which relate to the other Partner's Functions then provided that the Service Contract allows, allows the other Partner may request that the Lead Partner Commissioner assigns the Service Contract in whole or part upon the same terms mutatis mutandis as the original contract;
22.6.5 the Partnership Board shall continue to operate for the purposes of functions associated with this Agreement for the remainder of any contracts and commitments relating to this Agreement; and
22.7 Termination of this Agreement shall have no effect on the liability or any rights or remedies of the Partners already accrued, prior to the date upon which such termination takes effect.
22.8 In the event of termination in relation to an Individual Scheme the provisions of Clause 22.6 shall apply mutatis mutandis in relation to the Individual Scheme (as though references as to this Agreement were to that Individual Scheme).
Appears in 1 contract
Termination; Default. 22.1 This Agreement may be terminated by any Partner giving not less than 12 [3] Months' notice in writing to terminate this Agreement provided that such termination shall not take effect prior to the termination or expiry of all Individual Schemes.
22.2 Each Individual Scheme may be terminated in accordance with the terms set out in the relevant Scheme Specification provided that the Partners ensure that the Better Care Fund requirements continue to be met.
22.3 If any Partner (“Relevant Partner”) fails to meet any of its obligations under this Agreement, the other Partners (acting jointly) may by notice require the Relevant Partner to take such reasonable action within a reasonable timescale as the other Partners may specify to rectify such failure. Should the Relevant Partner fail to rectify such failure within such reasonable timescale, the matter shall be referred for resolution in accordance with Clause 23.
22.4 Termination of this Agreement (whether by effluxion of time or otherwise) shall be without prejudice to the Partners’ rights in respect of any antecedent breach and any terms of this Agreement that expressly or by implication survive termination of this Agreement.
22.5 In the event of termination of this Agreement, the Partners agree to cooperate to ensure an orderly wind down of their joint activities and to use their best endeavours to minimise disruption to the health and social care which is provided to the Service Users.Users.20
22.6 22.5 Upon termination of this Agreement for any reason whatsoever the following shall apply:apply:21
22.6.1 22.5.1 the Partners agree that they will work together and co-operate to ensure that the winding down and disaggregation of the integrated and joint activities to the separate responsibilities of the Partners is carried out smoothly and with as little disruption as possible to Service Usersservice users, employees, the Partners and third parties, so as to minimise costs and liabilities of each Partner in doing so;
22.6.2 22.5.2 where either Partner has entered into a Service Contract in order to fulfil its obligations, pursuant to this Agreement, the term of which continues after the termination of this Agreement, both Partners shall continue to contribute to the Contract Price in accordance with the agreed Financial Contribution contribution for that Service prior to termination and will enter into all appropriate legal documentation required in respect of this;
22.6.3 22.5.3 the Lead Partner Commissioner shall make reasonable endeavours to amend or terminate a Service Contract (which shall for the avoidance of doubt not include any act or omission that would place the Lead Partner Commissioner in breach of the Service Contract) where the other Partner requests the same in writing, provided writing Provided that the Lead Partner Commissioner shall not be required to make any payments to the Provider for such amendment or termination unless the Partners shall have agreed in advance who shall be responsible for any such payment;.
22.6.4 22.5.4 where a Service Contract held by a Lead Partner Commissioner relates all or partially to services which relate to the other Partner's Functions then provided that the Service Contract allows, allows the other Partner may request that the Lead Partner Commissioner assigns the Service Contract in whole or part upon the same terms mutatis mutandis as the original contract;
22.6.5 the Partnership Board shall continue to operate for the purposes of functions associated with this Agreement for the remainder of any contracts and commitments relating to this Agreement; and
22.7 Termination of this Agreement shall have no effect on the liability or any rights or remedies of the Partners already accrued, prior to the date upon which such termination takes effect.
22.8 In the event of termination in relation to an Individual Scheme the provisions of Clause 22.6 shall apply mutatis mutandis in relation to the Individual Scheme (as though references as to this Agreement were to that Individual Scheme).
Appears in 1 contract
Samples: Framework Partnership Agreement
Termination; Default. 22.1 This Agreement may be terminated by any Partner giving not less than 12 3 Months' notice in writing to terminate this Agreement provided that such termination shall not take effect prior to the termination or expiry of all Individual Schemes.
22.2 Each Individual Scheme may be terminated in accordance with the terms set out in the relevant Scheme Specification provided that the Partners ensure that the Better Care Fund requirements Requirements continue to be met.
22.3 If any Partner (“Relevant Partner”) fails to meet any of its obligations under this Agreement, the other Partners (acting jointly) may by notice require the Relevant Partner to take such reasonable action within a reasonable timescale as the other Partners may specify to rectify such failure. Should the Relevant Partner fail to rectify such failure within such reasonable timescale, the matter shall be referred for resolution in accordance with Clause 23.
22.4 Either Partner may terminate this Agreement in accordance with Clause 10.2.
22.5 Termination of this Agreement (whether by effluxion of time or otherwise) shall be without prejudice to the Partners’ rights in respect of any antecedent breach and any terms the provisions of this Agreement that expressly or by implication survive termination of this AgreementClause 16.
22.5 22.6 In the event of termination of this Agreement, the Partners agree to cooperate to ensure an orderly wind down of their joint activities and to use their best all reasonable endeavours to minimise disruption to the health and social care which is provided to the Service Users.
22.6 22.7 Upon termination of this Agreement for any reason whatsoever the following shall apply:
22.6.1 (a) the Partners agree that they will work together and co-operate to ensure that the winding down and disaggregation of the integrated and joint activities to the separate responsibilities of the Partners is carried out smoothly and with as little disruption as possible to Service Usersservice users, employees, the Partners and third parties, so as to minimise the costs and liabilities of each Partner in doing so;so;
22.6.2 (b) where either Partner has entered into a Service Contract in order to fulfil its obligations, pursuant to this Agreement, the term of which continues after the termination of this Agreement, both Partners shall continue to contribute to the Contract Price in accordance with the agreed Financial Contribution contribution for that Service prior to termination and will enter into all appropriate legal documentation required in respect of this;this;
22.6.3 (c) the Lead Partner shall make reasonable endeavours to amend or terminate a Service Contract (which shall for the avoidance of doubt not include any act or omission that would place the Lead Partner in breach of the Service Contract) where the other Partner requests the same in writing, provided writing Provided that the Lead Partner shall not be required to make any payments to the Provider for such amendment or termination unless the Partners shall have agreed in advance who shall be responsible for any such payment;payment.
22.6.4 (d) where a Service Contract held by a Lead Partner relates all or partially to services which relate to the other Partner's Functions then provided that the Service Contract allows, allows the other Partner may request that the Lead Partner assigns the Service Contract in whole or part upon the same terms mutatis mutandis as the original contract;contract.
22.6.5 (e) the Partnership Joint Strategic Commissioning Board shall continue to operate for the purposes of functions associated with this Agreement for the remainder of any contracts and commitments relating to this Agreement; andand
22.7 Termination (f) termination of this Agreement shall have no effect on the liability or of any rights or remedies of the Partners either Partner already accrued, prior to the date upon which such termination takes effect.
22.8 In the event of termination in relation to an Individual Scheme the provisions of Clause 22.6 22.7 shall apply mutatis mutandis in relation to the Individual Scheme (as though references as to this Agreement were to that Individual Scheme).
Appears in 1 contract
Samples: Framework Partnership Agreement
Termination; Default. 22.1 9.1 This Agreement may be terminated by any Partner giving not less than 12 6 (six) Months' notice in writing to terminate this Agreement provided that such termination shall not take effect prior to the termination or expiry of all Individual Schemes.
22.2 9.2 Each Individual Scheme may be terminated in accordance with the terms set out in the relevant Scheme Specification provided that the Partners ensure that the Better Care Fund requirements continue to be met.
22.3 9.3 If any Partner (“Relevant Partner”) fails to meet any of its obligations under this Agreement, the other Partners (acting jointly) may by notice require the Relevant Partner to take such reasonable action within a reasonable timescale as the other Partners may specify to rectify such failure. Should the Relevant Partner fail to rectify such failure within such reasonable timescale, the matter shall be referred for resolution in accordance with Clause 2310.
22.4 9.4 Termination of this Agreement (whether by effluxion of time or otherwise) shall be without prejudice to the Partners’ rights in respect of any antecedent breach and any terms of this Agreement that expressly or by implication survive termination of this Agreementbreach.
22.5 9.5 In the event of termination of this Agreement, the Partners agree to cooperate to ensure an orderly wind down of their joint activities and to use their best endeavours to minimise disruption to the health and social care which is provided to the Service Users.
22.6 9.6 Upon termination of this Agreement for any reason whatsoever the following shall apply:
22.6.1 9.6.1 the Partners agree that they will work together and co-operate to ensure that the winding down and disaggregation of the integrated and joint activities to the separate responsibilities of the Partners is carried out smoothly and with as little disruption as possible to Service Usersservice users, employees, the Partners and third parties, so as to minimise costs and liabilities of each Partner in doing so;
22.6.2 9.6.2 where either Partner has entered into a Service Contract in order to fulfil its obligations, pursuant to this Agreement, the term of which continues after the termination of this Agreement, both Partners shall continue to contribute to the Contract Price in accordance with the agreed Financial Contribution contribution for that Service prior to termination and will enter into all appropriate legal documentation required in respect of this;
22.6.3 9.6.3 the Lead Partner Commissioner shall make reasonable endeavours to amend or terminate a Service Contract (which shall for the avoidance of doubt not include any act or omission that would place the Lead Partner Commissioner in breach of the Service Contract) where the other Partner requests the same in writing, provided writing Provided that the Lead Partner Commissioner shall not be required to make any payments to the Provider for such amendment or termination unless the Partners shall have agreed in advance who shall be responsible for any such payment;.
22.6.4 9.6.4 where a Service Contract held by a Lead Partner Commissioner relates all or partially to services which relate to the other Partner's Functions then provided that the Service Contract allows, allows the other Partner may request that the Lead Partner Commissioner assigns the Service Contract in whole or part upon the same terms mutatis mutandis as the original contract;.
22.6.5 9.6.5 the Partnership Board shall continue to operate for the purposes of functions associated with this Agreement for the remainder of any contracts and commitments relating to this Agreement; and
22.7 9.6.6 Termination of this Agreement shall have no effect on the liability or of any rights or remedies of the Partners either Partner already accrued, prior to the date upon which such termination takes effect.
22.8 In the event of termination in relation to an Individual Scheme the provisions of Clause 22.6 shall apply mutatis mutandis in relation to the Individual Scheme (as though references as to this Agreement were to that Individual Scheme).
Appears in 1 contract
Samples: Partnership Agreement
Termination; Default. 22.1 This Agreement may be terminated by any Partner giving not less than 12 3 Months' notice in writing to terminate this Agreement provided that such termination shall not take effect prior to the termination or expiry of all Individual SchemesSchemes unless agreed by the Partners and post termination arrangements have been approved by the.
22.2 Each Individual Scheme may be terminated in accordance with the terms set out in the relevant Scheme Specification provided that the Partners ensure that the all Better Care Fund requirements Requirements continue to be met.
22.3 If any Partner (“Relevant Partner”) fails to meet any of its obligations under this Agreement, the other Partners (acting jointly) may by notice require the Relevant Partner to take such reasonable action within a reasonable timescale as the other Partners may specify to rectify such failure. Should the Relevant Partner fail to rectify such failure within such reasonable timescale, the matter shall be referred for resolution in accordance with Clause 23.
22.4 Termination of this Agreement and/or any Individual Scheme (whether by effluxion of time or otherwise) shall be without prejudice to the Partners’ rights in respect of any antecedent breach and any terms the provisions of this Agreement that expressly Clauses 12.3, 12.4, 12.5, 15, 16, 21, 22, 25, 26, 27, 28, 32, 33, 37 or by implication survive termination of this Agreement39.
22.5 In the event of termination of this Agreement, the Partners agree to cooperate to ensure an orderly wind down of their joint activities and to use their best endeavours to minimise disruption to the health and social care which is provided to the Service Users.
22.6 Upon termination of this Agreement for any reason whatsoever the following shall apply:
22.6.1 the Partners agree that they will work together and co-operate to ensure that the winding down and disaggregation of the integrated and joint activities to the separate responsibilities of the Partners is carried out smoothly and with as little disruption as possible to Service Usersservice users, employees, the Partners and third parties, so as to minimise costs and liabilities of each Partner in doing so;
22.6.2 where either Partner has entered into a Service Provider Contract in order to fulfil its obligations, pursuant to this Agreement, the term of which continues after the termination of this Agreement, unless otherwise agreed or the Partner holding the Provider Contract agrees to accept ongoing responsibility for funding the Provider Contract, that Partner shall take all reasonable steps to bring the Provider Contract to an end as soon as possible following termination. Following the termination of this Agreement, unless otherwise agreed, until the termination of the Provider Contract both Partners shall continue to contribute to the Contract Price in accordance with the agreed Financial Contribution relevant proportion in which the relevant Provider Contract relates to commissioning for that Service prior to termination CCG Functions and Council Functions and will enter into all appropriate legal documentation required in respect of this;
22.6.3 where there are Lead Commissioning arrangements in place, the Lead Partner Commissioner shall make reasonable endeavours to amend or terminate a Service Provider Contract (which shall for the avoidance of doubt not include any act or omission that would place the Lead Partner Commissioner in breach of the Service Provider Contract) where the other Partner requests the same in writing, provided writing Provided that the Lead Partner Commissioner shall not be required to make any payments to the Provider for such amendment or termination unless the Partners shall have agreed in advance who shall be responsible for any such payment;
22.6.4 where a Service Provider Contract held by a Lead Partner relates all or partially to services Services which relate to the other Partner's Functions then provided that the Service Provider Contract allows, allows the other Partner may request that the Lead Partner assigns the Service Provider Contract is assigned in whole or part upon the same terms mutatis mutandis as the original contract;Provider Contract.
22.6.5 the Partnership Board shall continue to operate for the purposes of functions associated with this Agreement for the remainder of any contracts and commitments relating to this Agreement; and
22.7 On termination the member of staff designated as undertaking the duties of the BCF Programme Manager will remain employed by the Partner who is the employer immediately prior to the termination. The relevant employer shall bear any costs in relation to the employee as a result of termination.
22.8 Termination of this Agreement shall have no effect on the liability or of any rights or remedies of the Partners either Partner already accrued, prior to the date upon which such termination takes effect.
22.8 22.9 In the event of termination in relation to an Individual Scheme the provisions of Clause 22.6 shall apply mutatis mutandis in relation to the Individual Scheme (as though references as to this Agreement were to that Individual Scheme).
Appears in 1 contract
Samples: Framework Partnership Agreement
Termination; Default. 22.1 20.1 This Agreement may be terminated by any Partner giving not less than 12 Monthstwelve (12) months' notice in writing to terminate this Agreement provided that such termination shall not take effect prior to the termination or expiry of all Individual SchemesAgreement.
22.2 Each Individual Scheme may be terminated in accordance with the terms set out in the relevant Scheme Specification provided that the Partners ensure that the Better Care Fund requirements continue to be met.
22.3 20.2 If any Partner (“Relevant Partner”) fails to meet any of its obligations under this Agreement, the other Partners (acting jointly) may by notice require the Relevant Partner to take such reasonable action within a reasonable timescale as the other Partners may specify to rectify such failure. Should the Relevant Partner fail to rectify such failure within such reasonable timescale, the matter shall be referred for resolution in accordance with Clause 2321.
22.4 20.3 Termination of this Agreement (whether by effluxion of time or otherwise) shall be without prejudice to the Partners’ rights in respect of any antecedent breach and any terms of this Agreement that expressly or by implication survive termination of this Agreementbreach.
22.5 In the event of termination of this Agreement, the Partners agree to cooperate to ensure an orderly wind down of their joint activities and to use their best endeavours to minimise disruption to the health and social care which is provided to the Service Users.
22.6 20.4 Upon termination of this Agreement for any reason whatsoever the following shall apply:
22.6.1 20.4.1 the Partners agree that they will work together and co-operate to ensure that the winding down and disaggregation of the integrated and joint activities to the separate responsibilities of the Partners is carried out smoothly and with as little disruption as possible to Service Usersservice users, employees, the Partners and third parties, so as to minimise costs and liabilities of each Partner in doing so;
22.6.2 20.4.2 where either Partner has entered into a Service Contract in order to fulfil its obligations, pursuant to this Agreement, the term of which continues after the termination of this Agreement, both Partners shall continue to contribute to the Contract Price in accordance with the agreed Financial Contribution contribution for that Service prior to termination and will enter into all appropriate legal documentation required in respect of this;
22.6.3 20.4.3 the Lead Partner Commissioner shall make reasonable endeavours to amend or terminate a Service Contract (which shall for the avoidance of doubt not include any act or omission that would place the Lead Partner Commissioner in breach of the Service Contract) where the other Partner requests the same in writing, provided writing Provided that the Lead Partner Commissioner shall not be required to make any payments to the Provider for such amendment or termination unless the Partners shall have agreed in advance who shall be responsible for any such payment;.
22.6.4 20.4.4 where a Service Contract held by a Lead Partner Commissioner relates all or partially to services which relate to the other Partner's Functions then provided that the Service Contract allows, allows the other Partner may request that the Lead Partner Commissioner assigns or novates the Service Contract in whole or part upon the same terms mutatis mutandis as the original contract;
22.6.5 the Partnership Board shall continue to operate for the purposes of functions associated with this Agreement for the remainder of any contracts and commitments relating to this Agreement; and
22.7 Termination of this Agreement shall have no effect on the liability or any rights or remedies of the Partners already accrued, prior to the date upon which such termination takes effect.
22.8 In the event of termination in relation to an Individual Scheme the provisions of Clause 22.6 shall apply mutatis mutandis in relation to the Individual Scheme (as though references as to this Agreement were to that Individual Scheme).
Appears in 1 contract
Termination; Default. 22.1 This Agreement may be terminated by any Partner giving not less than 12 Months' notice 21.1 The termination and default provisions as set out in writing Clauses 21.2 to terminate 21.8 of this Agreement provided that such termination shall not take effect prior to the termination or expiry of all Individual Schemeswill apply.
22.2 21.2 Each Individual Scheme may be terminated in accordance with the terms set out in the relevant Scheme Description and Specification (where applicable) provided that the Partners ensure that the Better Care Fund requirements continue to be met.
22.3 21.3 If any Partner (“Relevant Partner”) fails to meet any of its obligations under this Agreement, the other Partners (acting jointly) Partner may by notice require the Relevant Partner to take such reasonable action within a reasonable timescale as the other Partners may specify to rectify such failure. Should the Relevant Partner fail to rectify such failure within such reasonable timescale, the matter shall be referred for resolution in accordance with Clause 2322.
22.4 21.4 Termination of this Agreement (whether by effluxion of time or otherwise) shall be without prejudice to the Partners’ rights in respect of any antecedent breach and any terms of this Agreement that expressly or by implication survive termination of this Agreementbreach.
22.5 21.5 In the event of termination of this Agreement, the Partners agree to cooperate to ensure an orderly wind down of their joint activities and to use their best endeavours to minimise disruption to the health and social care which is provided to the Service Users.
22.6 21.6 Upon termination of this Agreement for any reason whatsoever the following shall will apply:
22.6.1 21.6.1 the Partners agree that they will work together and co-operate to ensure that the winding down and disaggregation of the integrated and joint activities to the separate responsibilities of the Partners is carried out smoothly and with as little disruption as possible to Service Usersservice users, employees, the Partners and third parties, so as to minimise costs and liabilities of each Partner in doing so;
22.6.2 21.6.2 where either Partner has entered into a Service Contract in order to fulfil its obligations, pursuant to this Agreement, the term of which continues after the termination of this Agreement, both Partners shall continue to contribute to the Contract Price in accordance with the agreed Financial Contribution contribution for that Service prior to termination and will enter into all appropriate legal documentation required in respect of this;
22.6.3 21.6.3 the Lead Partner shall Commissioner will make reasonable endeavours to amend or terminate a Service Contract (which shall for the avoidance of doubt not include any act or omission that would place the Lead Partner Commissioner in breach of the Service Contract) where the other Partner requests the same in writing, provided writing Provided that the Lead Partner shall Commissioner will not be required to make any payments to the Provider for such amendment or termination unless the Partners shall will have agreed in advance who shall be responsible for any such payment;.
22.6.4 21.6.4 where a Service Contract held by a Lead Partner Commissioner relates all or partially to services which relate to the other Partner's Functions then provided that the Service Contract allows, allows the other Partner may request that the Lead Partner Commissioner assigns the Service Contract in whole or part upon the same terms mutatis mutandis as the original contract;.
22.6.5 21.6.5 the Partnership Board shall will continue to operate for the purposes of functions associated with this Agreement for the remainder of any contracts and commitments relating to this Agreement; and
22.7 21.6.6 Termination of this Agreement shall have no effect on the liability or of any rights or remedies of the Partners either Partner already accrued, prior to the date upon which such termination takes effect.
22.8 21.7 In the event of termination in relation to an Individual Scheme the provisions of Clause 22.6 shall apply mutatis mutandis in relation to the Individual Scheme (as though references as to this Agreement were to that Individual Scheme).Clause
Appears in 1 contract
Samples: Framework Partnership Agreement
Termination; Default. 22.1 This Agreement may be terminated by any Partner giving not less than 12 Months' notice in writing to terminate this Agreement provided that such termination shall not take effect prior to the termination or expiry of all Individual Schemes.
22.2 Each Individual Scheme may be terminated in accordance with the terms set out in the relevant Scheme Specification provided that the Partners ensure that the Better Care Fund requirements continue to be met.
22.3 If any Partner (“Relevant Partner”) fails to meet any of its obligations under this Agreement, the other Partners (acting jointly) may by notice require the Relevant Partner to take such reasonable action within a reasonable timescale as the other Partners may specify to rectify such failure. Should the Relevant Partner fail to rectify such failure within such reasonable timescale, the matter shall be referred for resolution in accordance with Clause 23.
22.4 Termination of this Agreement (whether by effluxion of time or otherwise) shall be without prejudice to the Partners’ rights in respect of any antecedent breach and any terms of this Agreement that expressly or by implication survive termination of this Agreement.
22.5 In the event of termination of this Agreement, the Partners agree to cooperate to ensure an orderly wind down of their joint activities and to use their best endeavours endeavors to minimise minimize disruption to the health and social care which is provided to the Service Users.
22.6 Upon termination of this Agreement for any reason whatsoever the following shall apply:
22.6.1 the Partners agree that they will work together and co-operate to ensure that the winding down and disaggregation of the integrated and joint activities to the separate responsibilities of the Partners is carried out smoothly and with as little disruption as possible to Service Users, employees, the Partners and third parties, so as to minimise minimize costs and liabilities of each Partner in doing so;.
22.6.2 where either Partner has entered into a Service Contract in order to fulfil its obligations, pursuant to this Agreement, the term of which continues after the termination of this Agreement, both Partners shall continue to contribute to the Contract Price in accordance with the agreed Financial Contribution for that Service prior to termination and will enter into all appropriate legal documentation required in respect of this;.
22.6.3 the Lead Partner shall make reasonable endeavours endeavors to amend or terminate a Service Contract (which shall for the avoidance of doubt not include any act or omission that would place the Lead Partner in breach of the Service Contract) where the other Partner requests the same in writing, provided that the Lead Partner shall not be required to make any payments to the Provider for such amendment or termination unless the Partners shall have agreed in advance who shall be responsible for any such payment;
22.6.4 where a Service Contract held by a Lead Partner relates all or partially to services which relate to the other Partner's Functions then provided that the Service Contract allows, the other Partner may request that the Lead Partner assigns the Service Contract in whole or part upon the same terms mutatis mutandis as the original contract;.
22.6.5 the Partnership Board shall continue to operate for the purposes of functions associated with this Agreement for the remainder of any contracts and commitments relating to this Agreement; and
22.7 Termination of this Agreement shall have no effect on the liability liability, or any rights or remedies of the Partners already accrued, prior to the date upon which such termination takes effect.
22.8 In the event of termination in relation to an Individual Scheme the provisions of Clause 22.6 shall apply mutatis mutandis in relation to the Individual Scheme (as though references as to this Agreement were to that Individual Scheme).
Appears in 1 contract
Samples: Framework Partnership Agreement
Termination; Default. 22.1 This Agreement may be shall automatically terminate on the Expiry Date unless terminated earlier by any Partner giving not less than 12 Months' notice in writing to terminate this Agreement provided that such termination shall not take effect prior to the termination or expiry mutual agreement of all Individual Schemesthe Partners.
22.2 Each Individual Scheme may be terminated in accordance with the terms set out in the relevant Scheme Specification provided that the Partners ensure that the Better Care Fund requirements continue to be met.
22.3 If any Partner (“Relevant Partner”) fails to meet any of its obligations under this Agreement, the other Partners (acting jointly) Partner may by notice require the Relevant Partner to take such reasonable action within a reasonable timescale as the other Partners Partner may specify to rectify such failure. Should the Relevant Partner fail to rectify such failure within such reasonable timescale, the matter shall be referred for resolution in accordance with Clause 23.
22.4 22.3 Termination of this Agreement (whether by effluxion of time or otherwise) shall be without prejudice to the Partners’ rights in respect of any antecedent breach and any terms of this Agreement that expressly or by implication survive termination of this Agreementbreach.
22.5 22.4 In the event of termination of this Agreement, the Partners agree to cooperate to ensure an orderly wind down of their joint activities and to use their best endeavours to minimise disruption to the health and social care which is provided to the Service Users.
22.6 22.5 Upon termination of this Agreement for any reason whatsoever the following shall apply:
22.6.1 22.5.1 the Partners agree that they will work together and co-operate to ensure that the winding down and disaggregation of the integrated and joint activities to the separate responsibilities of the Partners is carried out smoothly and with as little disruption as possible to Service Usersservice users, employees, the Partners and third parties, so as to minimise costs and liabilities of each Partner in doing so;
22.6.2 22.5.2 where either Partner has entered into a Service Contract in order to fulfil its obligations, pursuant to this Agreement, the term of which continues after the termination of this Agreement, both Partners shall continue to contribute to the Contract Price in accordance with the agreed Financial Contribution contribution for that Service prior to termination and will enter into all appropriate legal documentation required in respect of this;
22.6.3 22.5.3 the Lead Partner Commissioner shall make reasonable endeavours to amend or terminate a Service Contract (which shall for the avoidance of doubt not include any act or omission that would place the Lead Partner Commissioner in breach of the Service Contract) where the other Partner requests the same in writing, provided writing Provided that the Lead Partner Commissioner shall not be required to make any payments to the Provider for such amendment or termination unless the Partners shall have agreed in advance who shall be responsible for any such payment;.
22.6.4 22.5.4 where a Service Contract held by a Lead Partner Commissioner relates all or partially to services which relate to the other Partner's Functions then provided that the Service Contract allows, the other Partner may request that the Lead Partner Commissioner assigns the Service Contract in whole or part upon the same terms mutatis mutandis as the original contract;.
22.6.5 22.5.5 the Partnership Joint Commissioning Board shall continue to operate for the purposes of functions associated with this Agreement for the remainder of any contracts and commitments relating to this Agreement; and
22.7 22.5.6 Termination of this Agreement shall have no effect on the liability or of any rights or remedies of the Partners either Partner already accrued, prior to the date upon which such termination takes effect.
22.8 22.6 In the event of termination in relation to an Individual Scheme the provisions of Clause 22.6 shall apply mutatis mutandis in relation to the Individual Scheme (as though references as to this Agreement were to that Individual Scheme).Clause
Appears in 1 contract
Samples: Framework Partnership Agreement
Termination; Default. 22.1 This Agreement may 19.1 Individual contracts within the Services noted in Schedule 1 can be terminated by any Partner giving decommissioned in line with the Decommissioning Strategy if outcomes are not less than 12 Months' notice in writing being met and new contracts commissioned to terminate this Agreement provided that such termination shall not take effect prior to the termination or expiry of all Individual Schemesrectify this.
22.2 Each Individual Scheme may be terminated in accordance with the terms set out in the relevant Scheme Specification provided that the Partners ensure that the Better Care Fund requirements continue to be met.
22.3 19.2 If any Partner (“Relevant Partner”) fails to meet any of its obligations under this Agreement, the other Partners (acting jointly) Partner may by notice require the Relevant Partner to take such reasonable action within a reasonable timescale as the other Partners Partner may specify to rectify such failure. Should the Relevant Partner fail to rectify such failure within such reasonable timescale, the matter shall be referred for dispute resolution in accordance with Clause 2320.
22.4 19.3 Termination of this Agreement (whether by effluxion of time or otherwise) shall be without prejudice to the Partners’ rights in respect of any antecedent breach and any terms the provisions of this Agreement that expressly or by implication survive termination of this Agreement.Clauses
22.5 19.4 In the event of termination of this Agreement, the Partners agree to cooperate to ensure an orderly wind down of their joint activities and to use their best endeavours to minimise disruption to the health and social care which is provided to the Service Users.
22.6 19.5 Upon termination of this Agreement for any reason whatsoever the following shall apply:
22.6.1 19.5.1 the Partners agree that they will work together and co-operate to ensure that the winding down and disaggregation of the integrated and joint activities to the separate responsibilities of the Partners is carried out smoothly and with as little disruption as possible to Service Usersservice users, employees, the Partners and third parties, so as to minimise costs and liabilities of each Partner in doing so;
22.6.2 19.5.2 where either Partner has entered into a Service Contract in order to fulfil its obligations, pursuant to this Agreement, the term of which continues after the termination of this Agreement, both Partners shall continue to contribute to the Contract Price in accordance with the agreed Financial Contribution contribution for that Service prior to termination and will enter into all appropriate legal documentation required in respect of this;
22.6.3 19.5.3 the Lead Partner Commissioner shall make reasonable endeavours to amend or terminate a Service Contract (which shall for the avoidance of doubt not include any act or omission that would place the Lead Partner Commissioner in breach of the Service Contract) where the other Partner requests the same in writing, provided writing Provided that the Lead Partner Commissioner shall not be required to make any payments to the Provider for such amendment or termination unless the Partners shall have agreed in advance who shall be responsible for any such payment;.
22.6.4 19.5.4 where a Service Contract held by a Lead Partner Commissioner relates all or partially to services which relate to the other Partner's Functions then provided that the Service Contract allows, allows the other Partner may request that the Lead Partner assigns Commissioner to assign the Service Contract in whole or part upon the same terms mutatis mutandis as the original contract;.
22.6.5 19.5.5 the Partnership Integrated Commissioning Board shall continue to operate for the purposes of functions associated with this Agreement for the remainder of any contracts and commitments relating to this Agreement; and
22.7 19.5.6 Termination of this Agreement shall have no effect on the liability or of any rights or remedies of the Partners either Partner already accrued, prior to the date upon which such termination takes effect.
22.8 19.6 In the event of termination in relation to an Individual Scheme contract or service the provisions of Clause 22.6 19 shall apply mutatis mutandis in relation to the Individual Scheme contract or service (as though references as to this Agreement were to that Individual Schemecontract or service).
Appears in 1 contract
Samples: Framework Partnership Agreement
Termination; Default. 22.1 This Agreement may be terminated by any Partner giving not less than 12 [6] Months' notice in writing to terminate this Agreement provided that such termination shall not take effect prior to the termination or expiry of all Individual Schemes.
22.2 . Each Individual Scheme may be terminated in accordance with the terms set out in the relevant Scheme Specification provided that the Partners ensure that the Better Care Fund requirements continue to be met.
22.3 . If any Partner (“Relevant Partner”) fails to meet any of its obligations under this Agreement, the other Partners (acting jointly) Partner may by notice require the Relevant Partner to take such reasonable action within a reasonable timescale as the other Partners may specify to rectify such failure. Should the Relevant Partner fail to rectify such failure within such reasonable timescale, the matter shall be referred for resolution in accordance with Clause 23.
22.4 . Termination of this Agreement (whether by effluxion of time or otherwise) shall be without prejudice to the Partners’ rights in respect of any antecedent breach and any terms the provisions of Clauses in this Agreement that expressly or by implication survive termination (Clause 16 Insurance and Liabilities, Clause 25 Confidentiality, Clause 28 Information sharing, Clause 21 Complaints). At the time of this Agreement.
22.5 In the event of termination of this Agreement, the Partners agree to cooperate to ensure an orderly wind down of their joint activities and to use their best endeavours to minimise disruption to the health and social care which is provided to the Service Users.
22.6 . Upon termination of this Agreement for any reason whatsoever the following shall apply:
22.6.1 : the Partners agree that they will work together and co-operate to ensure that the winding down and disaggregation of the integrated and joint activities and interests to the separate responsibilities of the Partners is carried out smoothly and with as little disruption as possible to Service Usersservice users, employees, the Partners and third parties, so as to minimise costs and liabilities of each Partner in doing so;
22.6.2 ; where either Partner has entered into a Service Contract in order to fulfil its obligations, pursuant to this Agreement, the term of which continues after the termination of this Agreement, both Partners shall continue to contribute to the Contract Price in accordance with the agreed Financial Contribution contribution for that Service prior to termination and will enter into all appropriate legal documentation required in respect of this;
22.6.3 ; the Lead Partner Commissioner shall make reasonable endeavours to amend or terminate a Service Contract (which shall for the avoidance of doubt not include any act or omission that would place the Lead Partner Commissioner in breach of the Service Contract) where the other Partner requests the same in writing, provided writing Provided that the Lead Partner Commissioner shall not be required to make any payments to the Provider for such amendment or termination unless the Partners shall have agreed in advance who shall be responsible for any such payment;
22.6.4 . where a Service Contract held by a Lead Partner Commissioner relates all or partially to services which relate to the other Partner's Functions then provided that the Service Contract allows, allows the other Partner may request that the Lead Partner Commissioner assigns the Service Contract in whole or part upon the same terms mutatis mutandis as the original contract;
22.6.5 . the Partnership Board shall continue to operate for the purposes of functions associated with this Agreement for the remainder of any contracts and commitments relating to this Agreement; and
22.7 and Termination of this Agreement shall have no effect on the liability or of any rights or remedies of the Partners either Partner already accrued, prior to the date upon which such termination takes effect.
22.8 . In the event of termination in relation to an Individual Scheme the provisions of Clause 22.6 shall apply mutatis mutandis in relation to the Individual Scheme (as though references as to this Agreement were to that Individual Scheme).
Appears in 1 contract
Samples: Framework Partnership Agreement
Termination; Default. 22.1 23.1 This Agreement may be terminated by any Partner giving not less than 12 Months' notice in writing to terminate this Agreement provided that such termination is possible in accordance with the National Guidance and Law and shall not take effect prior to the termination or expiry of all Individual SchemesSchemes unless agreed by the Partners and post termination arrangements have been agreed by the Executive Management Group.
22.2 Each 23.2 Subject to Clause 11.2 and unless otherwise agreed in the relevant Scheme Specification, each Individual Scheme may be terminated by either Partner giving not less than 12 Months' notice in writing or such shorter notice period agreed between the Partners provided that:
23.2.1 such termination is possible in accordance with the terms set out in the relevant Scheme Specification provided National Guidance and Law; and
23.2.2 that the Partners ensure that the National Better Care Fund requirements Requirements continue to be met, and for the avoidance of doubt the operation of the Agreement shall continue in respect of the remaining Individual Services.
22.3 23.3 If any a Partner (“Relevant Partner”) fails to meet any of its obligations under this Agreement, the other Partners (acting jointly) Partner may by notice require the Relevant Partner to take such reasonable action within a reasonable timescale as the other Partners Partner may specify to rectify such failure. Should the Relevant Partner fail to rectify such failure within such reasonable timescale, the matter shall be referred for resolution in accordance with Clause 2324.
22.4 23.4 Termination of this Agreement (whether by effluxion of time or otherwise) shall be without prejudice to the Partners’ rights in respect of any antecedent breach and any terms the provisions of this Agreement that expressly or by implication survive termination Clauses [INSERT]9 9 This provision will be populated in the final draft of this the Agreement.
22.5 23.5 In the event of termination of this Agreement, the Partners agree to cooperate to ensure an orderly wind down of their joint activities and to use their best endeavours to minimise disruption to the health and social care which is provided to the Service Users.
22.6 23.6 Upon termination of this Agreement for any reason whatsoever the following shall apply:
22.6.1 23.6.1 the Partners agree that they will work together and co-operate to ensure that the winding down and disaggregation of the integrated and joint activities to the separate responsibilities of the Partners is carried out smoothly and with as little disruption as possible to Service Usersservice users, employees, the Partners and third parties, so as to minimise costs and liabilities of each Partner in doing so;
22.6.2 23.6.2 where either Partner has entered into a Service Contract in order to fulfil its obligations, pursuant to this Agreement, the term of which continues after the termination of this Agreement, ,
(a) [he provisions of this clause 23.7 shall apply in determining how the Service Contract shall be dealt with unless otherwise set out in the relevant Scheme Specification; and
(b) both Partners shall continue to contribute to the Contract Price in accordance with the agreed Financial Contribution contribution for that Service prior to termination and will enter into all appropriate legal documentation required in respect of this;
22.6.3 23.6.3 the Lead Partner Commissioner shall make reasonable endeavours to amend or terminate a Service Contract (which shall for the avoidance of doubt not include any act or omission that would place the Lead Partner Commissioner in breach of the Service Contract) where the other Partner requests the same in writing, provided writing Provided that the Lead Partner Commissioner shall not be required to make any payments to the Provider for such amendment or termination unless the Partners shall have agreed in advance who shall be responsible for any such payment;.
22.6.4 23.6.4 where a Service Contract is held by a [one Partner] [Lead Partner Commissioner] relates all or partially to services which relate to the other Partner's Functions then provided that the Service Contract allowsallows and it is within the Law, the other Partner may request that the Lead Partner Commissioner assigns the Service Contract in whole or part upon the same terms mutatis mutandis as the original contract;.
22.6.5 23.6.5 the Partnership Board Executive Management Group shall continue to operate for the purposes of functions associated with this Agreement for the remainder of any contracts Service Contracts and commitments relating to this Agreement; and
22.7 Termination 23.6.6 termination of this Agreement shall have no effect on the liability or of any rights or remedies of the Partners either Partner already accrued, prior to the date upon which such termination takes effect.
22.8 23.7 Each Individual Scheme will continue for the duration of the Agreement unless separately terminated by agreement of the Executive Management Group or it is otherwise provided in the Individual Scheme. Where this is the case, both Partners must sign confirmation agreeing to the termination in writing and the terms of termination including notice period, how any Service Contracts will be dealt with and how any Underspend or Overspend in the Pooled Fund(s) shall be managed.
23.8 Any termination or variation of a Service Contract(s) associated with an Individual Scheme must be agreed in advance by the Executive Management Group and the impacts of such termination agreed.
23.9 In the event of termination in relation to an Individual Scheme Scheme, unless otherwise agreed, the provisions of Clause 22.6 23.4 and 23.6 shall apply mutatis mutandis in relation to the Individual Scheme and Service Contracts entered under the relevant Individual Scheme (as though references as to this Agreement were to that Individual Scheme).
Appears in 1 contract
Samples: Framework Partnership Agreement
Termination; Default. 22.1 This Agreement may be terminated by any Partner giving not less than 12 3 Months' notice in writing to terminate this Agreement provided that such termination shall not take effect prior to the termination or expiry of all Individual Schemes.
22.2 Each Individual Scheme may be terminated in accordance with the terms set out in the relevant Scheme Specification provided that the Partners ensure that the Better Care Fund requirements continue to be met.
22.3 If any Partner (“Relevant Partner”) fails to meet any of its obligations under this Agreement, the other Partners (acting jointly) Partner may by notice require the Relevant Partner to take such reasonable action within a reasonable timescale as the other Partners Partner may specify to rectify such failure. Should the Relevant Partner fail to rectify such failure within such reasonable timescale, the matter shall be referred for resolution in accordance with Clause 23.
22.4 Termination of this Agreement (whether by effluxion of time or otherwise) shall be without prejudice to the Partners’ rights in respect of any antecedent breach and any terms the provisions of this Agreement that expressly or by implication survive termination of this AgreementClauses 16, 22.6, 23, 25, 26, 27 and 28.
22.5 In the event of termination of this Agreement, the Partners agree to cooperate to ensure an orderly wind down of their joint activities and to use their best endeavours to minimise disruption to the health and social care which is provided to the Service Users.
22.6 Upon termination of this Agreement for any reason whatsoever the following shall apply:
22.6.1 the Partners agree that they will work together and co-operate to ensure that the winding down and disaggregation of the any integrated and joint activities to the separate responsibilities of the Partners is carried out smoothly and with as little disruption as possible to Service Usersservice users, employees, the Partners and third parties, so as to minimise costs and liabilities of each Partner in doing so;
22.6.2 where either Partner has entered into a Service Contract in order to fulfil its obligations, pursuant to this Agreement, the term of which continues after the termination of this Agreement, both Partners shall continue to contribute to the Contract Price in accordance with the agreed Financial Contribution contribution for that Service prior to termination and will enter into all appropriate legal documentation required in respect of this;
22.6.3 the Lead Host Partner shall make reasonable endeavours to amend or terminate a Service Contract (which shall for the avoidance of doubt not include any act or omission that would place the Lead Host Partner in breach of the Service Contract) where the other Partner requests the same in writing, provided writing Provided that the Lead Host Partner shall not be required to make any payments to the Provider for such amendment or termination unless the Partners shall have agreed in advance who shall be responsible for any such payment;.
22.6.4 where a Service Contract held by a Lead Host Partner relates all or partially to services which relate to the other Partner's Functions then provided that the Service Contract allows, allows the other Partner may request that the Lead Host Partner assigns the Service Contract in whole or part upon the same terms mutatis mutandis as the original contract;.
22.6.5 the Partnership Board Integrated Commissioning Executive shall continue to operate for the purposes of functions associated with this Agreement for the remainder of any contracts and commitments relating to this Agreement; and
22.7 22.6.6 Termination of this Agreement shall have no effect on the liability or of any rights or remedies of the Partners either Partner already accrued, prior to the date upon which such termination takes effect.
22.8 22.7 In the event of termination in relation to an Individual Scheme or Service the provisions of Clause 22.6 shall apply mutatis mutandis in relation to the Individual Scheme or Service (as though references as to this Agreement were to that Individual SchemeScheme or Service).
Appears in 1 contract
Samples: Framework Partnership Agreement
Termination; Default. 22.1 This Agreement may be terminated by any Partner giving not less than 12 6 Months' notice in writing to terminate this Agreement provided that such termination shall not take effect prior to the termination or expiry of all Individual SchemesAgreement.
22.2 Each Unless otherwise agreed in the relevant Scheme Specification, each Individual Scheme may be terminated by either Partner giving not less than 6 Months' notice in writing or such shorter notice period agreed between the Partners provided that:
22.2.1 such termination is possible in accordance with the terms set out in the relevant Scheme Specification provided National Guidance and Law; and
22.2.2 that the Partners ensure that the statutory Better Care Fund requirements Requirements continue to be met, and for the avoidance of doubt the operation of the Agreement shall continue in respect of the remaining Individual Services.
22.3 If any Partner (“Relevant Partner”) fails to meet any of its obligations under this Agreement, the other Partners (acting jointly) may by notice require the Relevant Partner to take such reasonable action within a reasonable timescale as the other Partners may specify to rectify such failure. Should the Relevant Partner fail to rectify such failure within such reasonable timescale, the matter shall be referred for resolution in accordance with Clause 23.
22.4 Termination of this Agreement (whether by effluxion of time or otherwise) shall be without prejudice to the Partners’ rights in respect of any antecedent breach and of any terms of this Agreement that expressly clause or by implication survive termination clauses of this Agreement.
22.5 In the event of termination of this Agreement, the Partners agree to cooperate to ensure an orderly wind down of their joint activities and to use their best endeavours to minimise disruption to the health and social care which is provided to the Service Users.
22.6 Upon termination of this Agreement for any reason whatsoever the following shall apply:
22.6.1 the Partners agree that they will work together and co-operate to ensure that the winding down and disaggregation of the integrated and joint activities to the separate responsibilities of the Partners is carried out smoothly and with as little disruption as possible to Service Usersservice users, employees, the Partners and third parties, so as to minimise costs and liabilities of each Partner in doing so;
22.6.2 where either Partner has entered into a Service Contract in order to fulfil its obligations, pursuant to this Agreement, the term of which continues after the termination of this Agreement, both Partners shall continue to contribute to the Contract Price in accordance with the agreed Financial Contribution contribution for that Service prior to termination and will enter into all appropriate legal documentation required in respect of this;
22.6.3 the Lead Partner shall make reasonable endeavours to amend or terminate a Service Contract (which shall for the avoidance of doubt not include any act or omission that would place the Lead Partner in breach of the Service Contract) where the other Partner requests the same in writing, provided writing Provided that the Lead Partner shall not be required to make any payments to the Provider for such amendment or termination unless the Partners shall have agreed in advance who shall be responsible for any such payment;.
22.6.4 where a Service Contract held by a Lead Partner relates all or partially to services which relate to the other Partner's Functions then provided that the Service Contract allows, allows the other Partner may request that the Lead Partner assigns the Service Contract in whole or part upon the same terms mutatis mutandis as the original contract;.
22.6.5 the Partnership Board shall continue to operate for the purposes of functions associated with this Agreement for the remainder of any contracts and commitments relating to this Agreement; and
22.7 22.6.6 Termination of this Agreement shall have no effect on the liability or of any rights or remedies of the Partners either Partner already accrued, prior to the date upon which such termination takes effect.
22.8 22.7 In the event of termination in relation to an Individual Scheme the provisions of Clause 22.6 shall apply mutatis mutandis in relation to the Individual Scheme (as though references as to this Agreement were to that Individual Scheme).
Appears in 1 contract
Samples: Framework Partnership Agreement
Termination; Default. 22.1 This Agreement may be terminated by any Partner giving not less than 12 6 Months' notice in writing to terminate this Agreement provided that such termination shall not take effect prior to the termination or expiry of all Individual Schemes.
22.2 Each Individual Scheme may be terminated in accordance with the terms set out in the relevant Scheme Specification provided that the Partners ensure that the Better Care Fund requirements Requirements continue to be met.
22.3 If any Partner (“Relevant Partner”) fails to meet any of its obligations under this Agreement, the other Partners (acting jointly) may by notice require the Relevant Partner to take such reasonable action within a reasonable timescale as the other Partners may specify to rectify such failure. Should the Relevant Partner fail to rectify such failure within such reasonable timescale, the matter shall be referred for resolution in accordance with Clause 23. Should resolution not be reached then any partner can terminate this agreement.
22.4 Termination of this Agreement (whether by effluxion of time or otherwise) shall be without prejudice to the Partners’ rights in respect of any antecedent breach and any terms of this Agreement that expressly or by implication survive termination of this Agreementbreach.
22.5 In the event of termination of this Agreement, the Partners agree to cooperate to ensure an orderly wind down of their joint activities and to use their best endeavours to minimise disruption to the health and social care which is provided to the Service Users.
22.6 Upon termination of this Agreement for any reason whatsoever the following shall apply:
22.6.1 the Partners agree that they will work together and co-operate to ensure that the winding down and disaggregation of the integrated and joint activities to the separate responsibilities of the Partners is carried out smoothly and with as little disruption as possible to Service Usersservice users, employees, the Partners and third parties, so as to minimise costs and liabilities of each Partner in doing so;.
22.6.2 where either Partner has entered into a Service Contract in order to fulfil its obligations, pursuant to this Agreement, the term of which continues after the termination of this Agreement, both Partners shall continue to contribute to the Contract Price in accordance with the agreed Financial Contribution contribution for that Service prior to termination and will enter into all appropriate legal documentation required in respect of this;.
22.6.3 the Lead Partner shall make reasonable endeavours to amend or terminate a Service Contract (which shall for the avoidance of doubt not include any act or omission that would place the Lead Partner in breach of the Service Contract) where the other Partner requests the same in writing, writing provided that the Lead Partner shall not be required to make any payments to the Provider for such amendment or termination unless the Partners shall have agreed in advance who shall be responsible for any such payment;.
22.6.4 where a Service Contract held by a Lead Partner relates all or partially to services which relate to the other Partner's Functions then provided that the Service Contract allows, allows the other Partner may request that the Lead Partner assigns the Service Contract in whole or part upon the same terms mutatis mutandis as the original contract;.
22.6.5 the Tameside Strategic Partnership Board Committee shall continue to operate for the purposes of functions associated with this Agreement for the remainder of any contracts and commitments relating to this Agreement; and
22.7 Termination of this Agreement shall have no effect on the liability or any rights or remedies of the Partners already accrued, prior to the date upon which such termination takes effect.
22.8 In the event of termination in relation to an Individual Scheme the provisions of Clause 22.6 shall apply mutatis mutandis in relation to the Individual Scheme (as though references as to this Agreement were to that Individual Scheme).
Appears in 1 contract
Samples: Framework Partnership Agreement
Termination; Default. 22.1 20.1 This Agreement may be terminated by any Partner giving not less than 12 Monthstwelve (12) months' notice in writing to terminate this Agreement provided that such termination shall not take effect prior to the termination or expiry of all Individual SchemesAgreement.
22.2 Each Individual Scheme may be terminated in accordance with the terms set out in the relevant Scheme Specification provided that the Partners ensure that the Better Care Fund requirements continue to be met.
22.3 20.2 If any Partner (“Relevant Partner”) fails to meet any of its obligations under this Agreement, the other Partners (acting jointly) may by notice require the Relevant Partner to take such reasonable action within a reasonable timescale as the other Partners may specify to rectify such failure. Should the Relevant Partner fail to rectify such failure within such reasonable timescale, the matter shall be referred for resolution in accordance with Clause 2321.
22.4 20.3 Termination of this Agreement (whether by effluxion of time or otherwise) shall be without prejudice to the Partners’ rights in respect of any antecedent breach and any terms of this Agreement that expressly or by implication survive termination of this Agreementbreach.
22.5 In the event of termination of this Agreement, the Partners agree to cooperate to ensure an orderly wind down of their joint activities and to use their best endeavours to minimise disruption to the health and social care which is provided to the Service Users.
22.6 20.4 Upon termination of this Agreement for any reason whatsoever the following shall apply:
22.6.1 20.4.1 the Partners agree that they will work together and co-operate to ensure that the winding down and disaggregation of the integrated and joint activities to the separate responsibilities of the Partners is carried out smoothly and with as little disruption as possible to Service Usersservice users, employees, the Partners and third parties, so as to minimise costs and liabilities of each Partner in doing so;
22.6.2 20.4.2 where either Partner has entered into a Service Contract in order to fulfil its obligations, pursuant to this Agreement, the term of which continues after the termination of this Agreement, both Partners shall continue to contribute to the Contract Price in accordance with the agreed Financial Contribution contribution for that Service prior to termination and will enter into all appropriate legal documentation required in respect of this;
22.6.3 20.4.3 the Lead Partner Commissioner shall make reasonable endeavours to amend or terminate a Service Contract (which shall for the avoidance of doubt not include any act or omission that would place the Lead Partner Commissioner in breach of the Service Contract) where the other Partner requests the same in writing, provided writing Provided that the Lead Partner Commissioner shall not be required to make any payments to the Provider for such amendment or termination unless the Partners shall have agreed in advance who shall be responsible for any such payment;.
22.6.4 20.4.4 where a Service Contract held by a Lead Partner Commissioner relates all or partially to services which relate to the other Partner's Functions then provided that the Service Contract allows, allows the other Partner may request that the Lead Partner Commissioner assigns the Service Contract in whole or part upon the same terms mutatis mutandis as the original contract;
22.6.5 the Partnership Board shall continue to operate for the purposes of functions associated with this Agreement for the remainder of any contracts and commitments relating to this Agreement; and
22.7 Termination of this Agreement shall have no effect on the liability or any rights or remedies of the Partners already accrued, prior to the date upon which such termination takes effect.
22.8 In the event of termination in relation to an Individual Scheme the provisions of Clause 22.6 shall apply mutatis mutandis in relation to the Individual Scheme (as though references as to this Agreement were to that Individual Scheme).
Appears in 1 contract
Termination; Default. 22.1 24.1 This Agreement may be terminated by any Partner giving not less than 12 six 6 Months' notice in writing to terminate this Agreement provided that such termination shall not take effect prior to the termination or expiry of all Individual Schemes.
22.2 24.2 Each Individual Scheme may be terminated in accordance with the terms set out in the relevant Scheme Specification scheme specification provided that the Partners ensure that the Better Care Fund requirements Requirements continue to be met.
22.3 24.3 If any Partner (“Relevant Partner”) fails to meet any of its obligations under this Agreement, the other Partners (acting jointly) Partner may by notice require the Relevant Partner to take such reasonable action within a reasonable timescale as the other Partners Partner may specify to rectify such failure. Should the Relevant Partner fail to rectify such failure within such reasonable timescale, the matter shall be referred for resolution dealt with in accordance with Clause 2325.
22.4 24.4 Termination of this Agreement (whether by effluxion of time or otherwise) shall be without prejudice to the Partners’ rights in respect of any antecedent breach and any terms the provisions of this Agreement that expressly or by implication survive termination of this AgreementClauses 16.1.
22.5 24.5 In the event of termination of this Agreement, the Partners agree to cooperate to ensure an orderly wind down of their joint activities and to use their best endeavours reasonable endeavors to minimise disruption to the health and social care which is provided to the Service Users.
22.6 24.6 Upon termination of this Agreement for any reason whatsoever the following shall apply:
22.6.1 24.6.1 the Partners agree that they will work together and co-operate to ensure that the winding down and disaggregation of the integrated and joint activities to the separate responsibilities of the Partners is carried out smoothly and with as little disruption as possible to Service Usersservice users, employees, the Partners and third parties, so as to minimise costs and liabilities of each Partner in doing so;
22.6.2 24.6.2 where either Partner has entered into a Service Contract in order to fulfil its obligations, pursuant to this Agreement, the term of which continues after the termination of this Agreement, both Partners shall continue to contribute to the Contract Price in accordance with the agreed Financial Contribution contribution for that Service prior to termination and will enter into all appropriate legal documentation required in respect of this;
22.6.3 24.6.3 the Lead Partner Commissioner shall make reasonable endeavours to amend or terminate a Service Contract (which shall for the avoidance of doubt not include any act or omission that would place the Lead Partner Commissioner in breach of the Service Contract) where the other Partner requests the same in writing, provided writing Provided that the Lead Partner Commissioner shall not be required to make any payments to the Provider for such amendment or termination unless the Partners shall have agreed in advance who shall be responsible for any such payment;
22.6.4 24.6.4 where a Service Contract held by a Lead Partner Commissioner relates all or partially to services which relate to the other Partner's Functions then provided that the Service Contract allows, allow21s the other Partner may request that the Lead Partner Commissioner assigns the Service Contract in whole or part upon the same terms mutatis mutandis as the original contract;.
22.6.5 24.6.5 the Partnership Joint Commissioning Board shall continue to operate for the purposes of functions associated with this Agreement for the remainder of any contracts and commitments relating to this Agreement; and
22.7 24.6.6 Termination of this Agreement shall have no effect on the liability or of any rights or remedies of the Partners either Partner already accrued, prior to the date upon which such termination takes effect.
22.8 24.7 In the event of termination in relation to an Individual Scheme the provisions of Clause 22.6 24.6 shall apply mutatis mutandis in relation to the Individual Scheme (as though references as to this Agreement were to that Individual Scheme).
24.8 The duration and exit strategy in relation to any Individual Scheme will be noted within the Scheme Specification
Appears in 1 contract
Samples: Framework Partnership Agreement
Termination; Default. 22.1 24.1 This Agreement may be terminated by any Partner giving not less than 12 six 6 Months' notice in writing to terminate this Agreement provided that such termination shall not take effect prior to the termination or expiry of all Individual Schemes.
22.2 24.2 Each Individual Scheme individual scheme may be terminated in accordance with the terms set out in the relevant Scheme Specification scheme specification provided that the Partners ensure that the Better Care Fund requirements continue to be met...
22.3 24.3 If any Partner (“Relevant Partner”) fails to meet any of its obligations under this Agreement, the other Partners (acting jointly) Partner may by notice require the Relevant Partner to take such reasonable action within a reasonable timescale as the other Partners Partner may specify to rectify such failure. Should the Relevant Partner fail to rectify such failure within such reasonable timescale, the matter shall be referred for resolution dealt with in accordance with Clause 2325.
22.4 24.4 Termination of this Agreement (whether by effluxion of time or otherwise) shall be without prejudice to the Partners’ rights in respect of any antecedent breach and any terms the provisions of this Agreement that expressly or by implication survive termination of this AgreementClauses 16.1.
22.5 24.5 In the event of termination of this Agreement, the Partners agree to cooperate to ensure an orderly wind down of their joint activities and to use their best endeavours reasonable endeavors to minimise disruption to the health and social care which is provided to the Service Users.
22.6 24.6 Upon termination of this Agreement for any reason whatsoever the following shall apply:
22.6.1 24.6.1 the Partners agree that they will work together and co-operate to ensure that the winding down and disaggregation of the integrated and joint activities to the separate responsibilities of the Partners is carried out smoothly and with as little disruption as possible to Service Usersservice users, employees, the Partners and third parties, so as to minimise costs and liabilities of each Partner in doing so;
22.6.2 24.6.2 where either Partner has entered into a Service Contract in order to fulfil its obligations, pursuant to this Agreement, the term of which continues after the termination of this Agreement, both Partners shall continue to contribute to the Contract Price in accordance with the agreed Financial Contribution contribution for that Service prior to termination and will enter into all appropriate legal documentation required in respect of this;
22.6.3 24.6.3 the Lead Partner Commissioner shall make reasonable endeavours endeavors to amend or terminate a Service Contract (which shall for the avoidance of doubt not include any act or omission that would place the Lead Partner Commissioner in breach of the Service Contract) where the other Partner requests the same in writing, provided writing Provided that the Lead Partner Commissioner shall not be required to make any payments to the Provider for such amendment or termination unless the Partners shall have agreed in advance who shall be responsible for any such payment;
22.6.4 24.6.4 where a Service Contract held by a Lead Partner Commissioner relates all or partially to services which relate to the other Partner's Functions then provided that the Service Contract allows, allows the other Partner may request that the Lead Partner Commissioner assigns the Service Contract in whole or part upon the same terms mutatis mutandis as the original contract;.
22.6.5 24.6.5 the Partnership Joint Commissioning Board shall continue to operate for the purposes of functions associated with this Agreement for the remainder of any contracts and commitments relating to this Agreement; and
22.7 24.6.6 Termination of this Agreement shall have no effect on the liability or of any rights or remedies of the Partners either Partner already accrued, prior to the date upon which such termination takes effect.
22.8 24.7 In the event of termination in relation to an Individual Scheme the provisions of Clause 22.6 24.6 shall apply mutatis mutandis in relation to the Individual Scheme (as though references as to this Agreement were to that Individual Scheme).
Appears in 1 contract
Samples: Framework Partnership Agreement
Termination; Default. 22.1 This Agreement may be terminated by any Partner giving not less than 12 6 Months' notice in writing to terminate this Agreement provided that such termination shall not take effect prior to the termination or expiry of all Individual Schemes.
22.2 Each Individual Scheme may be terminated in accordance with the terms set out in the relevant Scheme Specification provided that the Partners ensure that the Better Care Fund requirements Requirements continue to be met.
22.3 If any Partner (“Relevant Partner”) fails to meet any of its obligations under this Agreement, the other Partners (acting jointly) may by notice require the Relevant Partner to take such reasonable action within a reasonable timescale as the other Partners may specify to rectify such failure. Should the Relevant Partner fail to rectify such failure within such reasonable timescale, the matter shall be referred for resolution in accordance with Clause 23.
22.4 Termination of this Agreement (whether by effluxion of time or otherwise) shall be without prejudice to the Partners’ rights in respect of any antecedent breach and any terms the provisions of this Agreement that expressly or by implication survive termination Clauses 14 (Audit and Right of this AgreementAccess), 15 (Liabilities and Insurance and Indemnity), 22 (Termination and Default), 23 (Dispute Resolution), 25 (Confidentiality), 26 (Freedom of Information and Environmental Protection Regulations) and 27 (Information Sharing).
22.5 In the event of termination of this Agreement, the Partners agree to cooperate to ensure an orderly wind down of their joint activities and to use their best endeavours to minimise disruption to the health and social care which is provided to the Service Users.
22.6 Upon termination of this Agreement for any reason whatsoever the following shall apply:
22.6.1 the Partners agree that they will work together and co-operate to ensure that the winding down and disaggregation of the integrated and joint activities to the separate responsibilities of the Partners is carried out smoothly and with as little disruption as possible to Service Usersservice users, employees, the Partners and third parties, so as to minimise costs and liabilities of each Partner in doing so;
22.6.2 where either Partner has entered into a Service Contract in order to fulfil its obligations, pursuant to this Agreement, the term of which continues after the termination of this Agreement, both Partners shall continue to contribute to the Contract Price in accordance with the agreed Financial Contribution contribution for that Service prior to termination and will enter into all appropriate legal documentation required in respect of this;
22.6.3 the Lead Partner shall make reasonable endeavours to amend or terminate a Service Contract (which shall for the avoidance of doubt not include any act or omission that would place the Lead Partner in breach of the Service Contract) where the other Partner requests the same in writing, provided writing Provided that the Lead Partner shall not be required to make any payments to the Provider for such amendment or termination unless the Partners shall have agreed in advance who shall be responsible for any such payment;.
22.6.4 where a Service Contract held by a Lead Partner relates all or partially to services which relate to the other Partner's Functions then provided that the Service Contract allows, allows the other Partner may request that the Lead Partner assigns the Service Contract in whole or part upon the same terms mutatis mutandis as the original contract;.
22.6.5 the Partnership Board shall continue to operate for the purposes of functions associated with this Agreement for the remainder of any contracts and commitments relating to this Agreement; and
22.7 22.6.6 Termination of this Agreement shall have no effect on the liability or of any rights or remedies of the Partners either Partner already accrued, prior to the date upon which such termination takes effect.
22.8 22.7 In the event of termination in relation to an Individual Scheme the provisions of Clause 22.6 shall apply mutatis mutandis in relation to the Individual Scheme (as though references as to this Agreement were to that Individual Scheme).
Appears in 1 contract
Samples: Framework Partnership Agreement
Termination; Default. 22.1 This Agreement may be terminated by any Partner giving not less than 12 Months' notice in writing to terminate this Agreement provided that such termination shall not take effect prior to the termination or expiry of all Individual Schemes.
22.2 19.1 Each Individual Scheme may be terminated in accordance with the terms set out in the relevant Scheme Specification provided that the Partners ensure that the Better Care Fund requirements continue to be met.
22.3 19.2 If any Partner (“Relevant Partner”) fails to meet any of its obligations under this Agreement, the other Partners (acting jointly) Partner may by notice require the Relevant Partner to take such reasonable action within a reasonable timescale as the other Partners Partner may specify to rectify such failure. Should the Relevant Partner fail to rectify such failure within such reasonable timescale, the matter shall be referred for dispute resolution in accordance with Clause 2320.
22.4 19.3 Termination of this Agreement (whether by effluxion of time or otherwise) shall be without prejudice to the Partners’ rights in respect of any antecedent breach and any terms the provisions of this Agreement that expressly or by implication survive termination of this Agreement.Clauses
22.5 19.4 In the event of termination of this Agreement, the Partners agree to cooperate to ensure an orderly wind down of their joint activities and to use their best endeavours to minimise disruption to the health and social care which is provided to the Service Users.
22.6 19.5 Upon termination of this Agreement for any reason whatsoever the following shall apply:
22.6.1 19.5.1 the Partners agree that they will work together and co-operate to ensure that the winding down and disaggregation of the integrated and joint activities to the separate responsibilities of the Partners is carried out smoothly and with as little disruption as possible to Service Usersservice users, employees, the Partners and third parties, so as to minimise costs and liabilities of each Partner in doing so;
22.6.2 19.5.2 where either Partner has entered into a Service Contract in order to fulfil its obligations, pursuant to this Agreement, the term of which continues after the termination of this Agreement, both Partners shall continue to contribute to the Contract Price in accordance with the agreed Financial Contribution contribution for that Service prior to termination and will enter into all appropriate legal documentation required in respect of this;
22.6.3 19.5.3 the Lead Partner Commissioner shall make reasonable endeavours to amend or terminate a Service Contract (which shall for the avoidance of doubt not include any act or omission that would place the Lead Partner Commissioner in breach of the Service Contract) where the other Partner requests the same in writing, provided writing Provided that the Lead Partner Commissioner shall not be required to make any payments to the Provider for such amendment or termination unless the Partners shall have agreed in advance who shall be responsible for any such payment;.
22.6.4 19.5.4 where a Service Contract held by a Lead Partner Commissioner relates all or partially to services which relate to the other Partner's Functions then provided that the Service Contract allows, allows the other Partner may request that the Lead Partner assigns Commissioner to assign the Service Contract in whole or part upon the same terms mutatis mutandis as the original contract;.
22.6.5 19.5.5 the Partnership Integrated Commissioning Board shall continue to operate for the purposes of functions associated with this Agreement for the remainder of any contracts and commitments relating to this Agreement; and
22.7 19.5.6 Termination of this Agreement shall have no effect on the liability or of any rights or remedies of the Partners either Partner already accrued, prior to the date upon which such termination takes effect.
22.8 19.6 In the event of termination in relation to an Individual Scheme the provisions of Clause 22.6 19 shall apply mutatis mutandis in relation to the Individual Scheme (as though references as to this Agreement were to that Individual Scheme).
Appears in 1 contract
Samples: Framework Partnership Agreement
Termination; Default. 22.1 24.1 This Agreement may be terminated by any Partner giving not less than 12 six 6 Months' notice in writing to terminate this Agreement provided that such termination shall not take effect prior to the termination or expiry of all Individual Schemes.
22.2 24.2 Each Individual Scheme may be terminated in accordance with the terms set out in the relevant Scheme Specification scheme specification provided that the Partners ensure that the Better Care Fund requirements Requirements continue to be met.
22.3 24.3 If any Partner (“Relevant Partner”) fails to meet any of its obligations under this Agreement, the other Partners (acting jointly) Partner may by notice require the Relevant Partner to take such reasonable action within a reasonable timescale as the other Partners Partner may specify to rectify such failure. Should the Relevant Partner fail to rectify such failure within such reasonable timescale, the matter shall be referred for resolution dealt with in accordance with Clause 2325.
22.4 24.4 Termination of this Agreement (whether by effluxion of time or otherwise) shall be without prejudice to the Partners’ rights in respect of any antecedent breach and any terms the provisions of this Agreement that expressly or by implication survive termination of this AgreementClauses 16.1.
22.5 24.5 In the event of termination of this Agreement, the Partners agree to cooperate to ensure an orderly wind down of their joint activities and to use their best endeavours reasonable endeavors to minimise disruption to the health and social care which is provided to the Service Users.
22.6 24.6 Upon termination of this Agreement for any reason whatsoever the following shall apply:
22.6.1 24.6.1 the Partners agree that they will work together and co-operate to ensure that the winding down and disaggregation of the integrated and joint activities to the separate responsibilities of the Partners is carried out smoothly and with as little disruption as possible to Service Usersservice users, employees, the Partners and third parties, so as to minimise costs and liabilities of each Partner in doing so;
22.6.2 24.6.2 where either Partner has entered into a Service Contract in order to fulfil its obligations, pursuant to this Agreement, the term of which continues after the termination of this Agreement, both Partners shall continue to contribute to the Contract Price in accordance with the agreed Financial Contribution contribution for that Service prior to termination and will enter into all appropriate legal documentation required in respect of this;an21d
22.6.3 24.6.3 the Lead Partner Commissioner shall make reasonable endeavours to amend or terminate a Service Contract (which shall for the avoidance of doubt not include any act or omission that would place the Lead Partner Commissioner in breach of the Service Contract) where the other Partner requests the same in writing, provided writing Provided that the Lead Partner Commissioner shall not be required to make any payments to the Provider for such amendment or termination unless the Partners shall have agreed in advance who shall be responsible for any such payment;
22.6.4 24.6.4 where a Service Contract held by a Lead Partner Commissioner relates all or partially to services which relate to the other Partner's Functions then provided that the Service Contract allows, allows the other Partner may request that the Lead Partner Commissioner assigns the Service Contract in whole or part upon the same terms mutatis mutandis as the original contract;.
22.6.5 24.6.5 the Partnership Joint Commissioning Board shall continue to operate for the purposes of functions associated with this Agreement for the remainder of any contracts and commitments relating to this Agreement; and
22.7 24.6.6 Termination of this Agreement shall have no effect on the liability or of any rights or remedies of the Partners either Partner already accrued, prior to the date upon which such termination takes effect.
22.8 24.7 In the event of termination in relation to an Individual Scheme the provisions of Clause 22.6 24.6 shall apply mutatis mutandis in relation to the Individual Scheme (as though references as to this Agreement were to that Individual Scheme).
24.8 The duration and exit strategy in relation to any Individual Scheme will be noted within the Scheme Specification
Appears in 1 contract
Samples: Framework Partnership Agreement
Termination; Default. 22.1 This Agreement may be terminated by any Partner giving not less than 12 3 Months' notice in writing to terminate this Agreement provided that such termination shall not take effect prior to the termination or expiry of all Individual Schemes.
22.2 Each Individual Scheme may be terminated in accordance with the terms set out in the relevant Scheme Specification provided that the Partners ensure that the Better Care Fund requirements Requirements continue to be met.
22.3 If any Partner (“Relevant Partner”) fails to meet any of its obligations under this Agreement, the other Partners (acting jointly) may by notice require the Relevant Partner to take such reasonable action within a reasonable timescale as the other Partners may specify to rectify such failure. Should the Relevant Partner fail to rectify such failure within such reasonable timescale, the matter shall be referred for resolution in accordance with Clause 23.
22.4 Either Partner may terminate this Agreement in accordance with Clause 10.2.
22.5 Termination of this Agreement (whether by effluxion of time or otherwise) shall be without prejudice to the Partners’ rights in respect of any antecedent breach and any terms the provisions of this Agreement that expressly or by implication survive termination of this AgreementClause 16.
22.5 22.6 In the event of termination of this Agreement, the Partners agree to cooperate to ensure an orderly wind down of their joint activities and to use their best all reasonable endeavours to minimise disruption to the health and social care which is provided to the Service Users.
22.6 22.7 Upon termination of this Agreement for any reason whatsoever the following shall apply:
22.6.1 (a) the Partners agree that they will work together and co-operate to ensure that the winding down and disaggregation of the integrated and joint activities to the separate responsibilities of the Partners is carried out smoothly and with as little disruption as possible to Service Usersservice users, employees, the Partners and third parties, so as to minimise the costs and liabilities of each Partner in doing so;
22.6.2 (b) where either Partner has entered into a Service Contract in order to fulfil its obligations, pursuant to this Agreement, the term of which continues after the termination of this Agreement, both Partners shall continue to contribute to the Contract Price in accordance with the agreed Financial Contribution contribution for that Service prior to termination and will enter into all appropriate legal documentation required in respect of this;
22.6.3 (c) the Lead Partner shall make reasonable endeavours to amend or terminate a Service Contract (which shall for the avoidance of doubt not include any act or omission that would place the Lead Partner in breach of the Service Contract) where the other Partner requests the same in writing, provided writing Provided that the Lead Partner shall not be required to make any payments to the Provider for such amendment or termination unless the Partners shall have agreed in advance who shall be responsible for any such payment;.
22.6.4 (d) where a Service Contract held by a Lead Partner relates all or partially to services which relate to the other Partner's Functions then provided that the Service Contract allows, allows the other Partner may request that the Lead Partner assigns the Service Contract in whole or part upon the same terms mutatis mutandis as the original contract;.
22.6.5 (e) the Partnership Joint Strategic Commissioning Board shall continue to operate for the purposes of functions associated with this Agreement for the remainder of any contracts and commitments relating to this Agreement; and
22.7 Termination (f) termination of this Agreement shall have no effect on the liability or of any rights or remedies of the Partners either Partner already accrued, prior to the date upon which such termination takes effect.
22.8 In the event of termination in relation to an Individual Scheme the provisions of Clause 22.6 22.7 shall apply mutatis mutandis in relation to the Individual Scheme (as though references as to this Agreement were to that Individual Scheme).
Appears in 1 contract
Samples: Framework Partnership Agreement
Termination; Default. 22.1 1. This Agreement may be terminated by any Partner giving not less than 12 3 Months' notice in writing to terminate this Agreement provided that such termination shall not take effect prior to the termination or expiry of all Individual Schemes.
22.2 2. Each Individual Scheme may be terminated in accordance with the terms set out in the relevant Scheme Specification provided that the Partners ensure that the Better Care Fund requirements continue to be met.
22.3 3. If any Partner (“Relevant Partner”) fails to meet any of its obligations under this Agreement, the other Partners (acting jointly) may by notice require the Relevant Partner to take such reasonable action within a reasonable timescale as the other Partners may specify to rectify such failure. Should the Relevant Partner fail to rectify such failure within such reasonable timescale, the matter shall be referred for resolution in accordance with Clause 2321.
22.4 Termination of this Agreement (whether by effluxion of time or otherwise) shall be without prejudice to the Partners’ rights in respect of any antecedent breach and any terms of this Agreement that expressly or by implication survive termination of this Agreement.
22.5 4. In the event of termination of this Agreement, the Partners agree to cooperate to ensure an orderly wind down of their joint activities and to use their best endeavours to minimise disruption to the health and social care which is provided to the Service Users.
22.6 5. Upon termination of this Agreement for any reason whatsoever the following shall apply:
22.6.1 20.5.1 the Partners agree that they will work together and co-operate to ensure that the winding down and disaggregation of the integrated and joint activities to the separate responsibilities of the Partners is carried out smoothly and with as little disruption as possible to Service Usersservice users, employees, the Partners and third parties, so as to minimise costs and liabilities of each Partner in doing so;
22.6.2 20.5.2 where either Partner has entered into a Service Contract in order to fulfil its obligations, pursuant to this Agreement, the term of which continues after the termination of this Agreement, both Partners shall continue to contribute to the Contract Price in accordance with the agreed Financial Contribution contribution for that Service prior to termination and will enter into all appropriate legal documentation required in respect of this;
22.6.3 20.5.3 the Lead Partner Commissioner shall make reasonable endeavours to amend or terminate a Service Contract (which shall for the avoidance of doubt not include any act or omission that would place the Lead Partner Commissioner in breach of the Service Contract) where the other Partner requests the same in writing, provided writing Provided that the Lead Partner Commissioner shall not be required to make any payments to the Provider for such amendment or termination unless the Partners shall have agreed in advance who shall be responsible for any such payment;.
22.6.4 20.5.4 where a Service Contract held by a Lead Partner Commissioner relates all or partially to services which relate to the other Partner's Functions then provided that the Service Contract allows, allows the other Partner may request that the Lead Partner Commissioner assigns the Service Contract in whole or part upon the same terms mutatis mutandis as the original contract;.
22.6.5 20.5.5 the Partnership Board shall continue to operate for the purposes of functions associated with this Agreement for the remainder of any contracts and commitments relating to this Agreement; and
22.7 20.5.6 Termination of this Agreement shall have no effect on the liability or of any rights or remedies of the Partners either Partner already accrued, prior to the date upon which such termination takes effect.
22.8 6. In the event of termination in relation to an Individual Scheme the provisions of Clause 22.6 shall apply mutatis mutandis in relation to the Individual Scheme (as though references as to this Agreement were to that Individual Scheme).Clause
Appears in 1 contract
Samples: Framework Partnership Agreement
Termination; Default. 22.1 This Agreement may be terminated by any Partner giving not less than 12 3 Months' notice in writing to terminate this Agreement provided that such termination shall not take effect prior to the termination or expiry of all Individual SchemesAgreement.
22.2 Each Individual Scheme may be terminated in accordance with the terms set out in the relevant Scheme Specification provided that the Partners ensure that the Better Care Fund requirements continue to be metSpecification.
22.3 If any Partner (“Relevant Partner”) fails to meet any of its obligations under this Agreement, the other Partners (acting jointly) may by notice require the Relevant Partner to take such reasonable action within a reasonable timescale as the other Partners may specify to rectify such failure. Should the Relevant Partner fail to rectify such failure within such reasonable timescale, the matter shall be referred for resolution in accordance with Clause 23.
22.4 Termination of this Agreement (whether by effluxion of time or otherwise) shall be without prejudice to the Partners’ rights in respect of any antecedent breach and any terms the provisions of this Agreement that expressly or by implication survive termination of this AgreementClauses 12, 15, 16, 21, 22 25, 26, 27, 28, 32, 33, 37 and 39.
22.5 In the event of termination of this Agreement, the Partners agree to cooperate to ensure an orderly wind down of their joint activities and to use their best endeavours to minimise disruption to the health and social care which is provided to the Service Users.
22.6 Upon termination of this Agreement for any reason whatsoever the following shall apply:
22.6.1 the Partners agree that they will work together and co-operate to ensure that the winding down and disaggregation of the integrated and joint activities to the separate responsibilities of the Partners is carried out smoothly and with as little disruption as possible to Service Usersservice users, employees, the Partners and third parties, so as to minimise costs and liabilities of each Partner in doing so;
22.6.2 where either Partner has entered into a Service Contract in order to fulfil its obligations, pursuant to this Agreement, the term of which continues after the termination of this Agreement, both Partners shall continue to contribute to the Contract Price in accordance with the agreed Financial Contribution contribution for that Service prior to termination and will enter into all appropriate legal documentation required in respect of this;
22.6.3 the Lead Partner Commissioner shall make reasonable endeavours to amend or terminate a Service Contract (which shall for the avoidance of doubt not include any act or omission that would place the Lead Partner Commissioner in breach of the Service Contract) where the other Partner requests the same in writing, provided writing Provided that the Lead Partner Commissioner shall not be required to make any payments to the Provider for such amendment or termination unless the Partners shall have agreed in advance who shall be responsible for any such payment;.
22.6.4 where a Service Contract held by a Lead Partner Commissioner relates all or partially to services which relate to the other Partner's Functions then provided that the Service Contract allows, allows the other Partner may request that the Lead Partner Commissioner assigns the Service Contract in whole or part upon the same terms mutatis mutandis as the original contract;.
22.6.5 the Partnership Board Section 75 Sub-group shall continue to operate for the purposes of functions associated with this Agreement for the remainder of any contracts and commitments relating to this Agreement; and
22.7 22.6.6 Termination of this Agreement shall have no effect on the liability or of any rights or remedies of the Partners either Partner already accrued, prior to the date upon which such termination takes effect.
22.8 22.7 In the event of termination in relation to an Individual Scheme the provisions of Clause 22.6 shall apply mutatis mutandis in relation to the Individual Scheme (as though references as to this Agreement were to that Individual Scheme).
Appears in 1 contract
Samples: Framework Partnership Agreement
Termination; Default. 22.1 21.1 This Agreement may be terminated by any Partner giving not less than 12 3 Months' ’ notice in writing to terminate this Agreement provided that such termination shall not take effect prior to the termination or expiry of all Individual Schemes.
22.2 21.2 Each Individual Scheme may be terminated in accordance with the terms set out in the relevant Scheme Specification provided that the Partners ensure that the Better Care Fund requirements continue to be met.
22.3 21.3 If any Partner (“Relevant Failing Partner”) fails to meet any of its obligations under this Agreement, the other Partners Relevant Partner(s) (if more than one acting jointly) may by notice require the Relevant Failing Partner to take such reasonable action within a reasonable timescale as the other Partners Relevant Partner(s) may specify to rectify such failure. Should the Relevant Failing Partner fail to rectify such failure within such reasonable timescale, the matter shall be referred for resolution in accordance with Clause 2322.
22.4 21.4 Termination of this Agreement (whether by effluxion of time or otherwise) shall be without prejudice to the Partners’ rights in respect of any antecedent breach and any terms the provisions of this Agreement that expressly or by implication survive termination of this AgreementClauses 13,14,15,21,22,23,25,27,31,32 and 38.
22.5 21.5 In the event of termination of this Agreement, the Partners agree to cooperate to ensure an orderly wind down of their joint activities and to use their best endeavours to minimise disruption to the health and social care which is provided to the Service Users.
22.6 21.6 Upon termination of this Agreement for any reason whatsoever the following shall apply:
22.6.1 21.6.1 the Partners agree that they will work together and co-operate to ensure that the winding down and disaggregation of the integrated and joint activities to the separate responsibilities of the Partners is carried out smoothly and with as little disruption as possible to Service Usersservice users, employees, the Partners and third parties, so as to minimise costs and liabilities of each Partner in doing so;
22.6.2 21.6.2 where either Partner any of the Partners has entered into a Service Contract in order to fulfil its obligationsContract, pursuant to this Agreement, the term of which continues after the termination of this Agreement, that Partner shall continue to fulfil its obligations under the Service Contract and both Partners shall continue to contribute to the Contract Price in accordance with the agreed Financial Contribution contribution for that Service prior to termination of this Agreement and will enter into all appropriate legal documentation required in respect of this;
22.6.3 21.6.3 the Lead Partner Commissioner shall make reasonable endeavours to amend or terminate a Service Contract (which shall for the avoidance of doubt not include any act or omission that would place the Lead Partner Commissioner in breach of the Service Contract) where the other Partner Partners requests the same in writing, writing provided that the Lead Partner Commissioner shall not be required to make any payments to the Provider for such amendment or termination unless the Partners shall have agreed in advance who shall be responsible for any such payment;.
22.6.4 21.6.4 where a Service Contract held by a Lead Partner Commissioner relates all in full or partially to services which relate to the other Partner's Partner’s(s’) Functions then provided that the Service Contract allows, allows the other Partner may request that the Lead Partner Commissioner assigns the Service Contract in whole or part upon the same terms mutatis mutandis as the original contract;.
22.6.5 21.6.5 the Partnership Board BCF Leadership Group shall continue to operate for the purposes of functions associated with this Agreement for the remainder of any contracts and commitments relating to this Agreement; and
22.7 Termination 21.6.6 termination of this Agreement shall have no effect on the liability or of any rights or remedies of the Partners any Partner(s) already accrued, prior to the date upon which such termination takes effect.
22.8 21.7 In the event of termination in relation to an Individual Scheme the provisions of Clause 22.6 Clause
21.6 shall apply mutatis mutandis in relation to the Individual Scheme (as though references as to this Agreement were to that Individual Scheme).
Appears in 1 contract
Samples: Framework Partnership Agreement
Termination; Default. 22.1 21.1 This Agreement may be terminated by any Partner giving not less than 12 3 Months' ’ notice in writing to terminate this Agreement provided that such termination shall not take effect prior to the termination or expiry of all Individual Schemes.
22.2 21.2 Each Individual Scheme may be terminated in accordance with the terms set out in the relevant Scheme Specification provided that the Partners ensure that the Better Care Fund requirements continue to be met.
22.3 21.3 If any Partner (“Relevant Failing Partner”) fails to meet any of its obligations under this Agreement, the other Partners Relevant Partner(s) (if more than one acting jointly) may by notice require the Relevant Failing Partner to take such reasonable action within a reasonable timescale as the other Partners Relevant Partner(s) may specify to rectify such failure. Should the Relevant Failing Partner fail to rectify such failure within such reasonable timescale, the matter shall be referred for resolution in accordance with Clause 2322.
22.4 21.4 Termination of this Agreement (whether by effluxion of time or otherwise) shall be without prejudice to the Partners’ rights in respect of any antecedent breach and any terms the provisions of this Agreement that expressly or by implication survive termination of this AgreementClauses 13,14,15,21,22,23,25,27,31,32 and 38.
22.5 21.5 In the event of termination of this Agreement, the Partners agree to cooperate to ensure an orderly wind down of their joint activities and to use their best endeavours to minimise disruption to the health and social care which is provided to the Service Users.
22.6 21.6 Upon termination of this Agreement for any reason whatsoever the following shall apply:
22.6.1 21.6.1 the Partners agree that they will work together and co-operate to ensure that the winding down and disaggregation of the integrated and joint activities to the separate responsibilities of the Partners is carried out smoothly and with as little disruption as possible to Service Usersservice users, employees, the Partners and third parties, so as to minimise costs and liabilities of each Partner in doing so;
22.6.2 21.6.2 where either Partner any of the Partners has entered into a Service Contract in order to fulfil its obligationsContract, pursuant to this Agreement, the term of which continues after the termination of this Agreement, both that Partner shall continue to fulfil its obligations under the Service Contract and all Partners shall continue to contribute to the Contract Price in accordance with the agreed Financial Contribution contribution for that Service prior to termination of this Agreement and will enter into all appropriate legal documentation required in respect of this;
22.6.3 21.6.3 the Lead Partner Commissioner shall make reasonable endeavours to amend or terminate a Service Contract (which shall for the avoidance of doubt not include any act or omission that would place the Lead Partner Commissioner in breach of the Service Contract) where the other Partner Partners requests the same in writing, writing provided that the Lead Partner Commissioner shall not be required to make any payments to the Provider for such amendment or termination unless the Partners shall have agreed in advance who shall be responsible for any such payment;.
22.6.4 21.6.4 where a Service Contract held by a Lead Partner Commissioner relates all in full or partially to services which relate to the other Partner's Partner’s(s’) Functions then provided that the Service Contract allows, allows the other Partner may request that the Lead Partner Commissioner assigns the Service Contract in whole or part upon the same terms mutatis mutandis as the original contract;.
22.6.5 21.6.5 the Partnership Board JCCG shall continue to operate for the purposes of functions associated with this Agreement for the remainder of any contracts and commitments relating to this Agreement; and
22.7 Termination 21.6.6 termination of this Agreement shall have no effect on the liability or of any rights or remedies of the Partners any Partner(s) already accrued, prior to the date upon which such termination takes effect.
22.8 21.7 In the event of termination in relation to an Individual Scheme the provisions of Clause 22.6 21.6 shall apply mutatis mutandis in relation to the Individual Scheme (as though references as to this Agreement were to that Individual Scheme).
Appears in 1 contract
Samples: Framework Partnership Agreement
Termination; Default. 22.1 24.1 This Agreement may be terminated by any Partner giving not less than 12 six 6 Months' notice in writing to terminate this Agreement provided that such termination shall not take effect prior to the termination or expiry of all Individual Schemes.
22.2 24.2 Each Individual Scheme may be terminated in accordance with the terms set out in the relevant Scheme Specification provided that the Partners ensure that the Better Care Fund requirements Requirements continue to be met.
22.3 24.3 If any Partner (“Relevant Partner”) fails to meet any of its obligations under this Agreement, the other Partners (acting jointly) Partner may by notice require the Relevant Partner to take such reasonable action within a reasonable timescale as the other Partners Partner may specify to rectify such failure. Should the Relevant Partner fail to rectify such failure within such reasonable timescale, the matter shall be referred for resolution dealt with in accordance with Clause 2325.
22.4 24.4 Termination of this Agreement (whether by effluxion of time or otherwise) shall be without prejudice to the Partners’ rights in respect of any antecedent breach and any terms the provisions of this Agreement that expressly or by implication survive termination of this AgreementClauses 16.1.
22.5 24.5 In the event of termination of this Agreement, the Partners agree to cooperate to ensure an orderly wind down of their joint activities and to use their best endeavours reasonable endeavors to minimise disruption to the health and social care which is provided to the Service Users.
22.6 24.6 Upon termination of this Agreement for any reason whatsoever the following shall apply:
22.6.1 24.6.1 the Partners agree that they will work together and co-operate to ensure that the winding down and disaggregation of the integrated and joint activities to the separate responsibilities of the Partners is carried out smoothly and with as little disruption as possible to Service Usersservice users, employees, the Partners and third parties, so as to minimise costs and liabilities of each Partner in doing so;
22.6.2 24.6.2 where either Partner has entered into a Service Contract in order to fulfil its obligations, pursuant to this Agreement, the term of which continues after the termination of this Agreement, both Partners shall continue to contribute to the Contract Price in accordance with the agreed Financial Contribution contribution for that Service prior to termination and will enter into all appropriate legal documentation required in respect of this;
22.6.3 24.6.3 the Lead Partner Commissioner shall make reasonable endeavours to amend or terminate a Service Contract (which shall for the avoidance of doubt not include any act or omission that would place the Lead Partner Commissioner in breach of the Service Contract) where the other Partner requests the same in writing, writing provided that the Lead Partner Commissioner shall not be required to make any payments to the Provider for such amendment or termination unless the Partners shall have agreed in advance who shall be responsible for any such payment;
22.6.4 24.6.4 where a Service Contract held by a Lead Partner Commissioner relates all or partially to services which relate to the other Partner's Functions then provided that the Service Contract allows, allows the other Partner may request that the Lead Partner Commissioner assigns the Service Contract in whole or part upon the same terms mutatis mutandis as the original contract;
22.6.5 the Partnership Board shall continue to operate for the purposes of functions . associated with this Agreement for the remainder of any contracts and commitments relating to this Agreement; and
22.7 Termination of this Agreement shall have no effect on the liability or any rights or remedies of the Partners already accrued, prior to the date upon which such termination takes effect.
22.8 In the event of termination in relation to an Individual Scheme the provisions of Clause 22.6 shall apply mutatis mutandis in relation to the Individual Scheme (as though references as to this Agreement were to that Individual Scheme).
Appears in 1 contract
Samples: Framework Partnership Agreement
Termination; Default. 22.1 This Agreement may be terminated by any Partner giving not less than 12 6 Months' notice in writing to terminate this Agreement provided that such termination shall not take effect prior to the termination or expiry of all Individual Schemes.
22.2 Each Individual Scheme may be terminated in accordance with the terms set out in the relevant Scheme Specification provided that the Partners ensure that the Better Care Fund and Improved Better Care Fund requirements continue to be met.
22.3 If any Partner (“Relevant Partner”) fails to meet any of its obligations under this Agreement, the other Partners (acting jointly) Partner may by notice require the Relevant Partner to take such reasonable action within a reasonable timescale as the other Partners Partner may specify to rectify such failure. Should the Relevant Partner fail to rectify such failure within such reasonable timescale, the matter shall be referred for resolution in accordance with Clause 2323 (Dispute Resolution).
22.4 Termination of this Agreement (whether by effluxion of time or otherwise) shall be without prejudice to the Partners’ rights in respect of any antecedent breach and any terms of this Agreement that expressly or by implication survive termination of this Agreementbreach.
22.5 In the event of termination of this Agreement, the Partners agree to cooperate to ensure an orderly wind down of their joint activities and to use their best endeavours to minimise disruption to the health and social care which is provided to the Service Users.
22.6 Upon termination of this Agreement for any reason whatsoever the following shall apply:
22.6.1 the Partners agree that they will work together and co-operate to ensure that the winding down and disaggregation of the integrated and joint activities to the separate responsibilities of the Partners is carried out smoothly and with as little disruption as possible to Service Users, employees, the Partners and third parties, so as to minimise costs and liabilities of each Partner in doing so;
22.6.2 where either Partner has entered into a Service Contract in order to fulfil its obligations, pursuant to this Agreement, the term of which continues after the termination of this Agreement, both Partners Agreement then the contract shall continue to contribute be novated to the Contract Price in accordance with the agreed Financial Contribution for that Service prior to termination commissioner or Lead Commissioner and will enter into all appropriate legal documentation required in respect of this;
22.6.3 the commissioner or Lead Partner Commissioner shall make reasonable endeavours to amend or terminate a Service Contract (which shall for the avoidance of doubt not include any act or omission that would place the Lead Partner Commissioner in breach of the Service Contract) where the other Partner requests the same in writing, writing provided that the Lead Partner Commissioner shall not be required to make any payments to the Provider for such amendment or termination unless the Partners shall have agreed in advance who shall be responsible for any such payment;.
22.6.4 where a Service Contract held by a commissioner or Lead Partner Commissioner relates all or partially to services which relate to the other Partner's Functions then provided that the Service Contract allows, allows the other Partner may request that the commissioner or Lead Partner Commissioner assigns the Service Contract in whole or part upon the same terms mutatis mutandis as the original contract;.
22.6.5 the Commissioning Partnership Board shall continue to operate for the purposes of functions associated with this Agreement for the remainder of any contracts and commitments relating to this Agreement; and
22.7 Termination of this Agreement shall have no effect on the liability or any rights or remedies of the Partners already accrued, prior to the date upon which such termination takes effect.
22.8 In the event of termination in relation to an Individual Scheme the provisions of Clause 22.6 shall apply mutatis mutandis in relation to the Individual Scheme (as though references as to this Agreement were to that Individual Scheme).
Appears in 1 contract
Samples: Partnership Agreement
Termination; Default. 22.1 This Agreement may 19.1 Individual contracts within the Services noted in Schedules 1a & 1b can be terminated by any Partner giving decommissioned in line with the Decommissioning Strategy as agreed at the Integrated Commissioning Board (as was) on 26th June 2018 if outcomes are not less than 12 Months' notice in writing being met and new contracts commissioned to terminate this Agreement provided that such termination shall not take effect prior to the termination or expiry of all Individual Schemesrectify this.
22.2 Each Individual Scheme may be terminated in accordance with the terms set out in the relevant Scheme Specification provided that the Partners ensure that the Better Care Fund requirements continue to be met.
22.3 19.2 If any Partner (“Relevant Partner”) fails to meet any of its obligations under this Agreement, the other Partners (acting jointly) Partner may by notice require the Relevant Partner to take such reasonable action within a reasonable timescale as the other Partners Partner may specify to rectify such failure. Should the Relevant Partner fail to rectify such failure within such reasonable timescale, the matter shall be referred for dispute resolution in accordance with Clause 2320.
22.4 19.3 Termination of this Agreement (whether by effluxion of time or otherwise) shall be without prejudice to the Partners’ rights in respect of any antecedent breach and any terms of this Agreement that expressly or by implication survive termination the provisions of this Agreement.
22.5 19.4 In the event of termination of this Agreement, the Partners agree to cooperate to ensure an orderly wind down of their joint activities and to use their best endeavours to minimise disruption to the health and social care which is provided to the Service Users.
22.6 19.5 Upon termination of this Agreement for any reason whatsoever the following shall apply:
22.6.1 19.5.1 the Partners agree that they will work together and co-operate to ensure that the winding down and disaggregation of the integrated and joint activities to the separate responsibilities of the Partners is carried out smoothly and with as little disruption as possible to Service Usersservice users, employees, the Partners and third parties, so as to minimise costs and liabilities of each Partner in doing so;
22.6.2 19.5.2 where either Partner has entered into a Service Contract in order to fulfil its obligations, pursuant to this Agreement, the term of which continues after the termination of this Agreement, both Partners shall continue to contribute to the Contract Price in accordance with the agreed Financial Contribution contribution for that Service prior to termination and will enter into all appropriate legal documentation required in respect of this;
22.6.3 19.5.3 the Lead Partner Commissioner shall make reasonable endeavours to amend or terminate a Service Contract (which shall for the avoidance of doubt not include any act or omission that would place the Lead Partner Commissioner in breach of the Service Contract) where the other Partner requests the same in writing, provided writing Provided that the Lead Partner Commissioner shall not be required to make any payments to the Provider for such amendment or termination unless the Partners shall have agreed in advance who shall be responsible for any such payment;
22.6.4 19.5.4 where a Service Contract held by a Lead Partner Commissioner relates all or partially to services which relate to the other Partner's Functions then provided that the Service Contract allows, allows the other Partner may request that the Lead Partner assigns Commissioner to assign the Service Contract in whole or part upon the same terms mutatis mutandis as the original contract;
22.6.5 19.5.5 the Partnership Locality Board shall continue to operate for the purposes of functions associated with this Agreement for the remainder of any contracts and commitments relating to this Agreement; and
22.7 19.5.6 Termination of this Agreement shall have no effect on the liability or of any rights or remedies of the Partners either Partner already accrued, prior to the date upon which such termination takes effect.
22.8 19.6 In the event of termination in relation to an Individual Scheme contract or service the provisions of Clause 22.6 19 shall apply mutatis mutandis in relation to the Individual Scheme contract or service (as though references as to this Agreement were to that Individual Schemecontract or service).
Appears in 1 contract
Samples: Framework Partnership Agreement
Termination; Default. 22.1 19.1 This Agreement may be terminated terminated, subject to the provisions of Clause 19.6, by any Partner giving not less than 12 6 Months' notice in writing to terminate this Agreement provided that such termination shall not take effect prior to the termination or expiry of all Individual Schemes.
22.2 19.2 Each Individual Scheme may be terminated in accordance with the terms set out in the relevant Scheme Specification provided that the Partners ensure that the Better Care Fund requirements continue to be met.
22.3 19.3 If any Partner (“Relevant Partner”) fails to meet any of its obligations under this Agreement, the other Partners (acting jointly) may by notice require the Relevant Partner to take such reasonable action within a reasonable timescale as the other Partners may specify to rectify such failure. Should the Relevant Partner fail to rectify such failure within such reasonable timescale, the matter shall be referred for resolution in accordance with Clause 2320.
22.4 19.4 Termination of this Agreement (whether by effluxion of time or otherwise) shall be without prejudice to the Partners’ rights in respect of any antecedent breach and any terms the provisions of this Agreement that expressly or by implication Clause 19.5
19.5 The following clauses shall survive termination or expiry of this Agreement: Clauses 7, 9, 13, 19, 22, 23, and this Clause 19.
22.5 In the event of termination of this Agreement, the Partners agree to cooperate to ensure an orderly wind down of their joint activities and to use their best endeavours to minimise disruption to the health and social care which is provided to the Service Users.
22.6 19.6 Upon termination of this Agreement for any reason whatsoever the following shall apply:
22.6.1 19.6.1 the Partners agree that they will work together and co-operate to ensure that the winding down and disaggregation of the integrated and joint activities to the separate responsibilities of the Partners is carried out smoothly and with as little disruption as possible to Service Usersservice users, employees, the Partners and third parties, so as to minimise costs and liabilities of each Partner in doing so;
22.6.2 19.6.2 where either Partner has entered into a Service Contract in order to fulfil its obligations, pursuant to this Agreement, the term of which continues after the termination of this Agreement, both Partners shall continue to contribute to the Contract Price in accordance with the agreed Financial Contribution contribution for that Service prior to termination and will enter into all appropriate legal documentation required in respect of this;
22.6.3 19.6.3 the Lead Partner Commissioner shall make reasonable endeavours to amend or terminate a Service Contract (which shall for the avoidance of doubt not include any act or omission that would place the Lead Partner Commissioner in breach of the Service Contract) where the other Partner requests the same in writing, provided writing Provided that the Lead Partner Commissioner shall not be required to make any payments to the Provider for such amendment or termination unless the Partners shall have agreed in advance who shall be responsible for any such payment;
22.6.4 19.6.4 where a Service Contract held by a Lead Partner Commissioner relates all or partially to services which relate to the other Partner's Functions then provided that the Service Contract allows, allows the other Partner may request that the Lead Partner Commissioner assigns the Service Contract in whole or part upon the same terms mutatis mutandis as the original contract;.
22.6.5 19.6.5 the Partnership Joint Commissioning Board shall continue to operate for the purposes of functions associated with this Agreement for the remainder of any contracts and commitments relating to this Agreement; and
22.7 19.6.6 Termination of this Agreement shall have no effect on the liability or of any rights or remedies of the Partners either Partner already accrued, prior to the date upon which such termination takes effect.
22.8 19.7 Notwithstanding any notice of termination in accordance with Clause 1 or Clause 19 or the expiry of the Term:
19.7.1 the Council and the CCGs shall co-operate to ensure that, where possible, existing service contracts are assigned to the Partners with statutory responsibility for the relevant Service Users. Where this is not possible the Council and the CCGs shall continue to be liable to purchase or provide the Services in accordance with this Agreement for all current Service Users at the date of service of the notice of termination and to fulfil all existing obligations to third parties under any Block Contract, Framework Call-Off Contract and Care Contract until the relevant contracts are terminated; and
19.7.2 the Partners shall continue to operate the relevant Pooled Funds in accordance with this Agreement so far as is necessary to ensure fulfilment of the obligations in sub-clause 19.7.1, and
19.7.3 the Partners shall remain liable to contribute that proportion of the cost of the Services which either is their proportionate contribution to the relevant Pooled Fund in the current Financial Year or, if such contribution has not at the date of notice of termination yet been confirmed under Clause 9, the Partners’ contribution in the immediately preceding Financial Year represented as a proportion of the aggregate contributions of each Partner to the relevant Pooled Fund in that preceding Financial Year, such liabilities to continue for so long as the Service Users shall require the Services or the obligations to third parties under any Block Contract, Framework Call-Off Contract and Care Contract remain to be fulfilled.
19.8 Upon termination of the Agreement or a Pooled Fund Arrangement the Partners shall use reasonable endeavours to agree an apportionment of any underspend in relation to any Pooled Fund so terminated in a reasonable and equitable manner taking into account the circumstances of and reasons for the underspend and such payments as shall be required to reflect this shall be made from the relevant Pooled Fund to the Partners. Where such agreement cannot be reached within 30 days of termination the underspend shall be returned to the Partners who hold the duty to provide the services that are underspending.
19.9 Upon termination of the Agreement or a Pooled Fund Arrangement the Partners shall use reasonable endeavours to agree an apportionment of any overspend in relation to any Pooled Fund so terminated in a reasonable and equitable manner taking into account the circumstances of and reasons for the overspend and such payments as shall be required to reflect this shall be made by the Partners to the relevant Pooled Fund. Where such agreement cannot be reached within 30 days of termination the Partners shall meet the overspends in relation to the services that each partner has a duty to provide.
19.10 When determining whether there has been an underspend or overspend as at the date of termination all known liabilities in relation to the Pooled Fund(s) so terminated should be assessed and quantified and taken into account.
19.11 The Partners shall continue to be responsible for any liabilities that arise following any payments made pursuant to Clause 9. Any liabilities that are subsequently quantified shall be apportioned between the Partners on the same basis as an overspend in accordance with Clause 9 and the Partners shall make such payments to each other or to the relevant Pooled Fund as shall be required to reflect this.
19.12 Unless agreed otherwise assets purchased from the Pooled Funds will be disposed of by the Host Partner for the purposes of meeting any of the costs of winding up the Services or where this is not practicable such assets will be shared proportionately between the Council and the CCG according to their respective Financial Contributions to the relevant Pooled Fund.
19.13 In the event that this Agreement is terminated in whole or in part (howsoever terminated) the Partners agree to co-operate to ensure an orderly wind down of their joint activities as set out in this Agreement so as to minimise disruption to all Service Users, carers and staff.
19.14 In the event of termination in relation to an Individual Scheme the provisions of Clause 22.6 19.6 shall apply mutatis mutandis with any necessary modifications in relation to the Individual Scheme (as though references as to this Agreement were to that Individual Scheme).
Appears in 1 contract
Samples: Section 75 Agreement
Termination; Default. 22.1 Notwithstanding any other right of the Partners to terminate this Agreement, where funding received by the Partners under the Better Care Fund is reduced or withdrawn, either Partner may terminate this Agreement and shall give the other Partner ninety (90) days prior written notice of its intention to do so. The Agreement shall end at the expiry of the notice period as set out in any such notice.
22.2 This Agreement may be terminated by any a Partner giving not less than 12 3 Months' notice in writing to terminate this Agreement provided that such termination shall not take effect prior to the termination or expiry of all Individual Schemes.
22.2 22.3 Each Individual Scheme may be terminated in accordance with the terms set out in the relevant Scheme Specification provided that the Partners ensure that the Better Care Fund requirements continue to be met.
22.3 22.4 If any Partner (“Relevant Partner”) fails to meet any of its obligations under this Agreement, the other Partners (acting jointly) may by notice require the Relevant Partner to take such reasonable action within a reasonable timescale as the other Partners may specify to rectify such failure. Should the Relevant Partner fail to rectify such failure within such reasonable timescale, the matter shall be referred for resolution in accordance with Clause 23.
22.4 22.5 Termination of this Agreement (whether by effluxion of time or otherwise) shall be without prejudice to the Partners’ rights in respect of any antecedent breach and any terms of this Agreement that expressly or by implication survive termination the provisions of this Agreement.
22.5 22.6 In the event of termination or expiry of this Agreement, the Partners agree to cooperate to ensure an orderly wind down of their joint activities and to use their best all reasonable endeavours to minimise disruption to the health and social care which is provided to the Service Users.
22.6 22.7 Upon expiry or termination of this Agreement for any reason whatsoever the following shall apply:
22.6.1 22.7.1 the Partners agree that they will work together and co-operate to ensure that the winding down and disaggregation of the integrated and joint activities to the separate responsibilities of the Partners is carried out smoothly and with as little disruption as possible to Service Users, employees, the Partners and third parties, so as to minimise costs and liabilities of each Partner in doing so;
22.6.2 22.7.2 where either Partner has entered into a Service Contract in order to fulfil its obligations, pursuant to this Agreement, the term of which continues after the termination of this Agreement, both Partners shall continue to contribute to the Contract Price in accordance with the agreed Financial Contribution contribution for that Service prior to termination and will enter into all appropriate legal documentation required in respect of this;
22.6.3 22.7.3 the Lead Partner Commissioner shall make reasonable endeavours to amend or terminate a Service Contract (which shall for the avoidance of doubt not include any act or omission that would place the Lead Partner Commissioner in breach of the Service Contract) where the other Partner requests the same in writing, provided writing Provided that the Lead Partner Commissioner shall not be required to make any payments to the Provider for such amendment or termination unless the Partners shall have agreed in advance who shall be responsible for any such payment;.
22.6.4 22.7.4 where a Service Contract held by a Lead Partner Commissioner relates all or partially to services which relate to the other Partner's Functions then provided that the Service Contract allows, the other Partner may request that the Lead Partner Commissioner assigns the Service Contract in whole or part upon the same terms mutatis mutandis as the original contract;.
22.6.5 22.7.5 the Partnership Board Joint Commissioning Forum shall continue to operate for the purposes of functions associated with this Agreement for the remainder of any contracts and commitments relating to this Agreement; and
22.7 22.7.6 Termination of this Agreement shall have no effect on the liability or of any rights or remedies of the Partners either Partner already accrued, prior to the date upon which such termination takes effect.
22.8 In the event of expiry or termination in relation to an Individual Scheme the provisions of Clause 22.6 shall apply mutatis mutandis in relation to the Individual Scheme (as though references as to this Agreement were to that Individual Scheme).
Appears in 1 contract
Samples: Framework Partnership Agreement
