schedule 6 premises and equipment 105177599 3 by HC120704031631

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									                                            Schedule 6

                                    Premises and Equipment


1. Practice Premises
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From the [Service Commencement Date][Commencement Date] , the Services will be
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provided from the Practice Premises known as [ ] .

2. Contractor’s Occupation of the Practice Premises

The Contractor’s occupation of the Practice Premises is governed                             by    the
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[Underlease/Lease/Practice Premises Documents] (Annex 1) and this Schedule 6.


3. Equipment

3.1     [The Contractor shall comply with the terms of Paragraph 4 of this Schedule 6 in
        relation to the PCT Equipment detailed in Annex 2 to this Schedule 6 to be provided
        by the PCT, and any PCT Equipment provided subsequently by the PCT for use by
        the Contractor or its agents or its subcontractors (where applicable in accordance
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        with this Agreement).]

3.2     The Contractor shall comply with the terms of Paragraph 5 of this Schedule 6 in
        relation to the Contractor Equipment detailed in Annex 3 to this Schedule 6 to be
        provided by the Contractor.
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4.      [Use by the Contractor of PCT Equipment

4.1     The Contractor shall:

        (a)      maintain in good and serviceable repair all PCT Equipment;

        (b)      ensure that all PCT Equipment operates in accordance with their technical
                 specification or manufacturer’s instructions (as appropriate);

        (c)      not (and will procure that Contractor Staff and the Contractor’s agents shall
                 not), through any act or omission, cause the PCT to infringe the provisions of
                 any licence or other agreement relating to the use, maintenance or support of
                 any PCT Equipment;

        (d)      ensure, at no additional charge, that the PCT Equipment integrates properly
                 with hardware, software, products, or services which interface with or are
                 used in conjunction with the Services;

        (e)      not at any time introduce any computer virus or other contamination, whether
                 knowingly or not onto any of the PCT Equipment;

        (f)      where the PCT Equipment is shared with other building users, use it an

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  PCT to amend as appropriate to the local scheme.
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  PCT to insert postal address of Practice Premises
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  This paragraph will require amendment to reflect the premises solution.
4
  This paragraph will only be required where the PCT is providing PCT-owned equipment to the
Contractor for use in the delivery of the Services. Where the PCT is not providing any PCT-owned
equipment, this paragraph should be removed and marked 'Not Used'.
5
  This paragraph will only be required where the PCT is providing PCT-owned equipment to the
Contractor for use in the delivery of the Services. Where the PCT is not providing any PCT-owned
equipment, this paragraph should be removed and marked 'Not Used'.


105177599_1.DOC                                  122
             appropriate manner and notify the equipment owner of any defect in
             accordance with local operating instructions; and

      (g)    ensure that any and all PCT Equipment used by the Contractor on or in
             relation to this Agreement complies with all laws, statutory requirements and
             any British standards or European equivalent (“Equipment Standards”) in
             relation to the PCT Equipment. In the event the Contractor believes or ought
             reasonably to believe that the PCT Equipment fails to comply with the
             Equipment Standards the Contractor shall be entitled to refrain from using the
             PCT Equipment and to commence using the Contractor Equipment.

4.2   Full legal, beneficial and equitable title to the PCT Equipment shall remain with the
      PCT at all times. Upon delivery of the PCT Equipment to the Contractor at the
      Practice Premises, risk in using the PCT Equipment will pass to the Contractor and
      remain with the Contractor until the PCT Equipment is returned to the PCT on
      termination or expiry of this Agreement.

4.3   Whilst risk in the PCT Equipment remains with the Contractor, the Contractor shall:

      (a)    hold the PCT Equipment on a fiduciary basis as the PCT’s bailee;

      (b)    be solely and absolutely responsible for any loss or damage to the PCT
             Equipment;

      (c)    store and use the PCT Equipment at the Practice Premises in a proper
             manner in conditions which adequately protect and preserve the PCT
             Equipment and shall not move it from the Practice Premises without the
             PCT’s prior written consent;

      (d)    ensure that the PCT Equipment is clearly identified as belonging to the PCT
             and is not tampered with;

      (e)    use the PCT Equipment in a careful, safe and proper manner in accordance
             with any operating instructions provided to the Contractor by the PCT and all
             applicable statutes, regulations or codes of practice, and not for any purpose
             for which it was not designed or for any unlawful purpose;

      (f)    ensure that the PCT Equipment is used or operated only by properly skilled
             personnel;

      (g)    ensure that the PCT Equipment is used only for the purpose of providing the
             Services;

      (h)    at all times keep the PCT Equipment in reasonable repair and condition and
             in reasonable working order and at the Contractor’s own expense, promptly
             repair all worn and damaged parts and arrange appropriate maintenance and
             inspections;

      (i)    immediately notify the PCT of any breakdown or unsatisfactory working, loss,
             damage, theft, seizure or loss of possession of the PCT Equipment;

      (j)    obtain and keep in full force and effect all permissions, licences and other
             authorisations which may at any time be required in connection with the
             possession or use of the PCT Equipment;

      (k)    insure the PCT Equipment to its full replacement value and utilise the
             proceeds of any such insurance relating to loss or damage to the PCT
             Equipment against replacing the PCT Equipment in satisfaction of its
             obligation under Paragraph 4.3(b) above;



105177599_1.DOC                            123
      (l)    not sell, charge, pledge, mortgage or otherwise dispose of the PCT
             Equipment or any part of it or permit any lien to arise over the PCT Equipment
             or part of it, or lease or sub lease or part with possession of the PCT
             Equipment or any part of it;

      (m)    keep the PCT Equipment free from distress, execution and other legal
             process; and

      (n)    not attach any PCT Equipment to any land such that it becomes, or in the
             PCT’s reasonable opinion may become, a fixture except to the extent
             reasonably necessary to allow the safe use or operation of the PCT
             Equipment.

4.4   The PCT (including the PCT’s employees and agents) shall be entitled to access any
      premises owned, occupied or controlled by the Contractor and any third party
      premises location where any of the PCT Equipment is situated at any time upon
      reasonable prior notice to the Contractor to enable the PCT to enforce the provisions
      of this Schedule 6.]

5.    Contractor obligations

5.1   The Contractor shall:

      (a)     not allow Contractor Equipment to cause interference with or damage to PCT
              Equipment or other equipment used or owned by third parties at the Practice
              Premises;

      (b)     store all consumables safely, appropriately and in accordance with all
              applicable laws, good practice guidelines and any supplier instructions;

      (c)     establish and manage a planned preventative maintenance programme and
              make adequate contingency arrangements for emergency remedial
              maintenance or substitute equipment;

      (d)     maintain records which can be reviewed by the PCTs Agreement Manager of
              maintenance testing and certification of PCT Equipment and Contractor
              Equipment;

      (e)     adequately insure with a reputable insurer all Contractor Equipment; and

      (f)     ensure that all Contractor Equipment used by the Contractor on or in relation
              to this Agreement complies with all Equipment Standards.




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                                Annex 1
                  [Underlease/Lease] at [insert location]




105177599_1.DOC                    125
                                                Annex 2
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                      [Equipment provided by the PCT at [insert location]]

  [All clinical rooms, offices, reception/waiting areas will be fully furnished and equipped by the
  PCT.]

  [DN: Examples may include:

  Desks
  Patient chairs
  Visitor Chairs
  Storage units – record storage etc
  Pedestal units
  Wall shelving
  Meeting tables
  Children’s play area items
  Notice Boards
  Waste bins
  Soap/towel dispensers
  Electrical goods in staff beverage areas
  Telephones
  IT equipment – PCs, printers

  Typically this will not include:
  Dental equipment
  Vaccine fridges
  Disposable surgical equipment
  Photocopiers
  Fax machines

  A full inventory should be inserted in the following table.]

Item                                  Description                                          Quantity
Equipment




Fixtures and Fittings




Total Equipment Insurance Value




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    This Annex will only be required where the PCT is providing PCT-owned equipment to the Contractor
  for use in the delivery of the Services. Where the PCT is not providing any PCT-owned equipment, this
  Annex should be marked 'Not Used'.


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                                         Annex 3
                  Equipment provided by the Contractor at [insert location]

Item              Equipment Description                  Equipment            Quantity
                                                           Owner
Equipment




Fixtures and Fittings




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