Common use of Antitrust Clause in Contracts

Antitrust. Contractor shall assign to the Court all rights, title, and interest in and to all causes of action it may have under Section 4 of the Xxxxxxx Act (15 U.S.C. Sec. 15) or under the Xxxxxxxxxx Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by Contractor for sale to the Court. Such assignment shall be made and become effective at the time the Court tenders final payment to Contractor. If the Court receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this section, Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the Court any portion of the recovery, including treble damages, attributable to overcharges that were paid by Contractor but were not paid by the Court as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Upon demand in writing by Contractor, the Court shall, within one year from such demand, reassign the cause of action assigned under this part if Contractor has been or may have been injured by the violation of law for which the cause of action arose and (a) the Court has not been injured thereby, or (b) the Court declines to file a court action for the cause of action.

Appears in 18 contracts

Samples: Agreement, Agreement, Agreement

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Antitrust. Contractor shall assign to the Court JBE all rights, title, and interest in and to all causes of action it may have under Section 4 of the Xxxxxxx Act (15 U.S.C. Sec. 15) or under the Xxxxxxxxxx Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by Contractor for sale to the CourtJBE. Such assignment shall be made and become effective at the time the Court JBE tenders final payment to Contractor. If the Court JBE receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this section, Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the Court JBE any portion of the recovery, including treble damages, attributable to overcharges that were paid by Contractor but were not paid by the Court JBE as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Upon demand in writing by Contractor, the Court JBE shall, within one year from such demand, reassign the cause of action assigned under this part if Contractor has been or may have been injured by the violation of law for which the cause of action arose and (a) the Court JBE has not been injured thereby, or (b) the Court JBE declines to file a court action for the cause of action.

Appears in 7 contracts

Samples: Form Agreement, Agreement, Agreement

Antitrust. Contractor shall assign to the Court JBE all rights, title, and interest in and to all causes of action it may have under Section 4 of the Xxxxxxx Act (15 U.S.C. Sec. 15) or under the Xxxxxxxxxx Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by Contractor for sale to the CourtJBE. Such assignment shall be made and become effective at the time the Court JBE tenders final payment to Contractor. If the Court JBE receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this section, Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the Court JBE any portion of the recovery, including treble damages, attributable to overcharges that were paid by Contractor but were not paid by the Court JBE as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Upon demand in writing by Contractor, the Court JBE shall, within one year from such demand, reassign the cause of action assigned under this part if Contractor has been or may have been injured by the violation of law for which the cause of action arose and (a) the Court JBE has not been injured thereby, or (b) the Court declines to file a court action for the cause of action.or

Appears in 2 contracts

Samples: Form Agreement, Agreement

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Antitrust. Contractor shall assign to the Court HCRC all rights, title, and interest in and to all causes of action it may have under Section 4 of the Xxxxxxx Act (15 U.S.C. Sec. 15) or under the Xxxxxxxxxx Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by Contractor for sale to the CourtHCRC. Such assignment shall be made and become effective at the time the Court HCRC tenders final payment to Contractor. If the Court HCRC receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this section, Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the Court HCRC any portion of the recovery, including treble damages, attributable to overcharges that were paid by Contractor but were not paid by the Court HCRC as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Upon demand in writing by Contractor, the Court HCRC shall, within one year from such demand, reassign the cause of action assigned under this part if Contractor has been or may have been injured by the violation of law for which the cause of action arose and (a) the Court HCRC has not been injured thereby, or (b) the Court HCRC declines to file a court action for the cause of action.

Appears in 1 contract

Samples: Agreement

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