THIS MEMORANDUM OF UNDERSTANDING (“MOU”) is made the

Between:

[INSERT HUB NAME]whose principal office isat[INSERT ADDRESS]

and

…..

together “the Parties”

AObjectives and scope

The purpose of this MOU is to formalise networking between the Parties for the purpose of ensuring a robust, comprehensiveand accessible service for patients treated for hepatitis C.

BThe nature of the collaboration

[INSERT HUB NAME] are the host for the [INSERT ODN NAME]. As part of this network we anticipate the majority of patients to be formally reviewed under the direct care of [INSERT HUB NAME]. This MOU has been established in recognition of patients to whom this will not apply,for a variety of reasons.

The Parties have agreed as follows:

1.Status

1.1This MOU has been entered into by the Parties in order to formalise the respective duties expected of the Parties and is intended to be legally binding on the Parties.

2.Term

2.1This document shall remain valid for a period of three years, or until superseded by formal contractual arrangements agreed and signed by both Parties.

1.

2.

3.Responsibilities and Governance

3.1Both parties agree to undertake the responsibilities as below[1];

Provided by [Insert other Party]

Referral to Hepatitis C Service

Supervision during treatment where appropriate

Blood tests during treatment – with appropriate dialogue to [INSERT HUB NAME] in a timely manner regarding results

Suitable and appropriate space to undertake a patient appointment

Week 12 and 48 to 60 week post treatment blood test – with appropriate dialogue in a timely manner regarding results

Provided by [INSERT HUB NAME]

Provision of [INSERT HUB NAME] clinical support to commence clinical services until such time as required.

Following on, provision of advice and guidance to support the medical team in independent care of the patient.

Prescription of treatment

Blueteq Application

Fibroscan and clinic review as and when required

MDT discussion and decision

Advice and Guidance

Data Submission to NHS England

The [INSERT ODN NAME]will be responsible for the clinical governance of any patient covered under this MOU.

4.Resources and Facilities

4.1Resources and facilities will remain the property of each Party.

4.2Termination

4.3Either party shall be entitled to terminate this MOU at any time during the Term by giving the other Party 6 (six) months’ written notice of termination.

5.Financial Arrangements

5.1Each party will bear its own fees and costs in connection with the preparation, negotiation and execution of this MOU and any other document required to give effect to this MOU.

6Communication and Exchange of Information

6.1Both parties agree to communicate in a timely manner regarding patients covered under this MOU. Should it be necessary to correspond through email, each party will ensure that any patient identifiable information is transmitted from an NHS.net account to another NHS.net account.

7Notices

7.1Any notice given under this MOU by either party must be in writing and may be delivered personally, sent by e-mail or sent by recorded delivery post. In the case of personal delivery or e-mail, the notice will be deemed to have been given on the same day and in the case of post will be deemed to have been given four (4) working days after the date of posting.

7.2Notices will be delivered or sent to the addresses of the Parties as given at the head of this MOU or to any other address notified in writing by any party to the other parties for the purpose of receiving notices after the commencement date of this MOU.

8Dispute Resolution

8.1If any of the parties considers one or more of the parties to be in breach of their duties under this MOU or has a grievance about some aspect of the operation of the MOU, the parties shall use their best endeavours to resolve the issue through joint discussions.

9Insurance and Liability

9.1Each Party shall maintain in force at its own cost such insurance policies as are required having regard to its obligations and liabilities under this Agreement. The obligation maybe satisfied through membership of the NHS Litigation Authorities Clinical Negligence Scheme for Trusts, the Liabilities to Third Parties Scheme and the Property Expenses Scheme or by other means.

9.2Without prejudice to its liability for breach of any of its obligations under this Agreement each Party shall be liable to the other for and shall indemnify and shall keep indemnified the other Party against any direct liability, loss, costs, expenses, claims or proceedings whatsoever in respect of:

a)any loss of or damage to property (whether real or personal), and

b)any injury to any person, including injury resulting in death

c)any breach of third party intellectual property rights

in consequence of or in any way arising out of its negligencein connection with the performance of this Agreement or of the provision of the Services including without limitation goods or equipment, agents, sub-contractors and anyone else involved in or employed or engaged by either Party in connection with the provision of the Services except insofar as such loss, damage or injury shall have been caused by any act or omission undertaken in strict accordance with the instructions of the other Party or by any act or omission or negligence on the part of the other Party, its agents, sub-contractors and anyone else involved in or employed or engaged by that Party.

9.3Neither party shall be liable to the other for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this MOU.

10Rights of Third Parties

10.1The parties to this MOU do not intend that any term of this MOU should be enforceable, by virtue of the Contracts (Rights of Third Parties) Act 1999, by any person who or which is not a party to this MOU.

10.2This MOU is executed by the duly authorised representatives of the Parties on the date written above:

For and on behalf of [INSERT HUB NAME]

……………………………………..

Signature

Name: [INSERT NAME OF CHIEF EXECUTIVE OF HUB]

Title: Chief Executive

Date:

For and on behalf of [INSERT OTHER PARTY]

……………………………………..

Signature

Name:

Title: Chief Executive

Date:

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[1] Please note that the responsibilities listed are sample responsibilities, and the specific responsibilities of each party will be dependent upon the agreed nature of the collaboration.