Common use of Assignment Of Antitrust Actions Clause in Contracts

Assignment Of Antitrust Actions. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract the contractor or subcontractor offers and agrees to assign the awarding body 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, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action."

Assignment Of Antitrust Actions. Pursuant to Government Code sections 4552, 4553, and 4554, the following provisions are incorporated herein: In entering into submitting a public works contract or a subcontract bid to supply goodsthe State, services, or materials pursuant to a public works contract the contractor or subcontractor supplier offers and agrees that if the bid is accepted, it will assign to assign the awarding body State all rights, title, and interest in and to all causes of action it may have under Section section 4 of the Xxxxxxx Act (15 U.S.C. Sec. 15) or under the Xxxxxxxxxx Act (Chapter 2 (2, commencing with Section section 16700) , of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goodsGoods, servicesmaterial or other items, or materials services by the supplier for sale to the State pursuant to the public works contract or the subcontractsolicitation. This Such assignment shall be made and become effective at the time the awarding body tenders State tender’s final payment to the contractor, without further acknowledgment by supplier; If the parties. If an awarding body or public purchasing body State receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body State any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body State as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. ; and Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) and: the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action."

Assignment Of Antitrust Actions. Pursuant to Government Code Sections 4552, 4553, and 4554, the following provisions are incorporated herein: In entering into submitting a public works contract or a subcontract bid to supply goodsthe State, services, or materials pursuant to a public works contract the contractor or subcontractor supplier offers and agrees that if the bid is accepted, it will assign to assign the awarding body State 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 (2, commencing with Section 16700) , of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goodsGoods, servicesmaterial or other items, or materials services by the supplier for sale to the State pursuant to the public works contract or the subcontractsolicitation. This Such assignment shall be made and become effective at the time the awarding body State tenders final payment to the contractor, without further acknowledgment by the partiessupplier. If an awarding body or public purchasing body the State receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body State any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body State as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action."and

Assignment Of Antitrust Actions. Pursuant to Government Code Sections 4552, 4553, and 4554, the following provisions are incorporated herein: a) In entering into submitting a public works contract or a subcontract bid to supply goodsthe State, services, or materials pursuant to a public works contract the contractor or subcontractor supplier offers and agrees that if the bid is accepted, it will assign to assign the awarding body State 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 (2, commencing with Section 16700) , of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, servicesmaterial, or materials services by the supplier for sale to the State pursuant to the public works contract or the subcontractsolicitation. This Such assignment shall be made and become effective at the time the awarding body State tenders final payment to the contractor, without further acknowledgment by supplier. b) If the parties. If an awarding body or public purchasing body State receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body State any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body State as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. c) Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (ai) the assignee has not been injured thereby, or (bii) the assignee declines to file a court action for the cause of action."