Antitrust Claims. The STATE and the CONTRACTOR recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the purchaser. Therefore, the CONTRACTOR hereby assigns to STATE any and all claims for overcharges as to goods and materials purchased in connection with this Contract, except as to overcharges which result from violations commencing after the price is established under this Contract and which are not passed on to the STATE under an escalation clause.
Appears in 30 contracts
Samples: Master Agreement, Master Agreement, Access Agreement
Antitrust Claims. The STATE and the CONTRACTOR recognize recognized that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the purchaser. Therefore, the CONTRACTOR hereby assigns to STATE any and all claims for overcharges as to goods and materials material purchased in connection with this Contract, except as to overcharges which result from violations commencing after the price is established under this Contract and which are not passed on to the STATE under an escalation clause.. ~END OF SECTION 6~
Appears in 22 contracts
Samples: dhhl.hawaii.gov, dhhl.hawaii.gov, dhhl.hawaii.gov
Antitrust Claims. The STATE and the CONTRACTOR PROVIDER recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the purchaser. Therefore, the CONTRACTOR PROVIDER hereby assigns to the STATE any and all claims for overcharges as to goods and materials purchased in connection with this Contract, except as to overcharges which result from violations commencing after the price is established under this Contract and which are not passed on to the STATE under an escalation clause.
Appears in 4 contracts
Samples: hiepro.ehawaii.gov, Scope of Services (Wellcare Health Plans, Inc.), www.hawaiipublicschools.org
