1Section 7103 Sample Clauses

1Section 7103. 5(b) of the Public Contract Code states: In entering into a public works contract or subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to 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. 28.1. 2Section 4552 of the Government Code states in pertinent part: In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing 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, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. 28.1. 3Section 4553 of the Government Code states in pertinent part: 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. 28.1. 4Section 4554 of the Government Code states in pertinent part: 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 ...
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Related to 1Section 7103

  • SECTION 812 Control by Holders of Securities....................43 SECTION 813. Waiver of Past Defaults.............................44

  • Section 702 Representations and Warranties of the Delaware Bank and the Delaware Trustee..........

  • SECTION 814 Undertaking for Costs.........................................45

  • Section 703 Reports by Trustee................................. 46

  • Section 512 Control By Holders................................. 37 Section 513. Waiver of Past Defaults............................ 37

  • SECTION 613 Preferential Collection of Claims Against Company.......................................... 58

  • Section 504 Trustee May File Proofs of Claim................... 34 Section 505. Trustee May Enforce Claims Without Possession of Securities......................................... 35

  • SECTION 605 May Hold Securities........................................ 36

  • SECTION 603 Certain Rights of Trustee......................................41

  • SECTION 604 Not Responsible for Recitals or Issuance of Securities......................................... 39

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