Antitrust Claims. If this Agreement resulted from a competitive solicitation, this section is applicable. Contractor shall assign to the JUDICIAL COUNCIL OF CALIFORNIA 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 JUDICIAL COUNCIL OF CALIFORNIA. Such assignment shall be made and become effective at the time the JUDICIAL COUNCIL OF CALIFORNIA tenders final payment to Contractor. If the JUDICIAL COUNCIL OF CALIFORNIA 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 JUDICIAL COUNCIL OF CALIFORNIA any portion of the recovery, including treble damages, attributable to overcharges that were paid by Contractor but were not paid by the JUDICIAL COUNCIL OF CALIFORNIA as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Upon demand in writing by Contractor, the JUDICIAL COUNCIL OF CALIFORNIA shall, within one (1) 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 JUDICIAL COUNCIL OF CALIFORNIA has not been injured thereby, or (b) the JUDICIAL COUNCIL OF CALIFORNIA declines to file a court action for the cause of action.
Appears in 3 contracts
Samples: Consulting Agreement, Standard Agreement, Standard Agreement
Antitrust Claims. If this Agreement resulted from a competitive solicitation, this section is applicable. Contractor shall The Sponsor offers and agrees and will require all of its contractors and subcontractors and suppliers to agree to assign to the JUDICIAL COUNCIL OF CALIFORNIA awarding body all rights, title, and interest in and to all causes of action it they may have under Section section 4 of the Xxxxxxx Act (15 Title 15, U.S.C. Sec. section 15) or under the Xxxxxxxxxx Act (Chapter 2 ([commencing with Section section 16700) ] of Part 2 of Division 7 of the Business and Professions Code), ) arising from purchases of goods, materialsservices, or services by Contractor for sale materials pursuant to the JUDICIAL COUNCIL OF CALIFORNIApublic works contract or subcontract. Such The assignment made by the contractor and all additional assignments made by the subcontractors and suppliers shall be deemed to have been made and will become effective at the time the JUDICIAL COUNCIL OF CALIFORNIA awarding body tenders final payment to Contractorthe contractor without further acknowledgment or the necessity of tendering to the awarding body any written assignments. If the JUDICIAL COUNCIL OF CALIFORNIA an awarding body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this sectionGovernment Code sections 4550 to 4554, Contractor the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon on demand, recover SAMPLE from the JUDICIAL COUNCIL OF CALIFORNIA public body any portion of the recovery, including treble damages, and attributable to overcharges that were paid by Contractor the assignor but were not paid by the JUDICIAL COUNCIL OF CALIFORNIA public body as a part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Upon On demand in writing by Contractorthe assignor, the JUDICIAL COUNCIL OF CALIFORNIA assignee shall, within one (1) year from such demand, reassign the cause of action assigned under this part Government Code sections 4550 to 4554 if Contractor the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the JUDICIAL COUNCIL OF CALIFORNIA assignee has not been injured thereby, or (b) the JUDICIAL COUNCIL OF CALIFORNIA assignee declines to file a court action for the cause of action.. SAMPLE
A: PROJECT AND SPONSOR INFORMATION
Appears in 1 contract
Samples: Program Funding Agreement
Antitrust Claims. If this Agreement resulted from a competitive solicitation, this section is applicable. Contractor shall The Sponsor offers and agrees and will require all of its contractors and subcontractors and suppliers to agree to assign to the JUDICIAL COUNCIL OF CALIFORNIA awarding body all rights, title, and interest in and to all causes of action it they may have under Section section 4 of the Xxxxxxx Act (15 Title 15, U.S.C. Sec. section 15) or under the Xxxxxxxxxx Act (Chapter 2 ([commencing with Section section 16700) ] of Part 2 of Division 7 of the Business and Professions Code), ) arising from purchases of goods, materialsservices, or services by Contractor for sale materials pursuant to the JUDICIAL COUNCIL OF CALIFORNIApublic works contract or subcontract. Such The assignment made by the contractor and all additional assignments made by the subcontractors and suppliers shall be deemed to have been made and will become effective at the time the JUDICIAL COUNCIL OF CALIFORNIA awarding body tenders final payment to Contractorthe contractor without further acknowledgment or the necessity of tendering to the awarding body any written assignments. If the JUDICIAL COUNCIL OF CALIFORNIA an awarding body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this sectionGovernment Code sections 4550 to 4554, Contractor the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon on demand, recover from the JUDICIAL COUNCIL OF CALIFORNIA public body any portion of the recovery, including treble damages, and attributable to overcharges that were paid by Contractor the assignor but were not paid by the JUDICIAL COUNCIL OF CALIFORNIA public body as a part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Upon On demand in writing by Contractorthe assignor, the JUDICIAL COUNCIL OF CALIFORNIA assignee shall, within one (1) year from such demand, reassign the cause of action assigned under this part Government Code sections 4550 to 4554 if Contractor the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the JUDICIAL COUNCIL OF CALIFORNIA assignee has not been injured thereby, or (b) the JUDICIAL COUNCIL OF CALIFORNIA assignee declines to file a court action for the cause of action.
A: PROJECT AND SPONSOR INFORMATION
Appears in 1 contract
Samples: Program Funding Agreement
Antitrust Claims. If this Agreement resulted from a competitive solicitation, this section is applicable. Contractor shall The Sponsor offers and agrees and will require all of its contractors and subcontractors and suppliers to agree to assign to the JUDICIAL COUNCIL OF CALIFORNIA awarding body all rights, title, and interest in and to all causes of action it they may have under Section section 4 of the Xxxxxxx Act (15 Title 15, U.S.C. Sec. Section 15) or under the Xxxxxxxxxx Act (Chapter 2 ([commencing with Section section 16700) ] of Part 2 of Division 7 of the Business and Professions Code), ) arising from purchases of goods, materialsservices, or services by Contractor for sale materials pursuant to the JUDICIAL COUNCIL OF CALIFORNIApublic works contract or subcontract. Such The assignment made by the contractor and all additional assignments made by the subcontractors and suppliers shall be deemed to have been made and will become effective at the time the JUDICIAL COUNCIL OF CALIFORNIA awarding body tenders final payment to Contractorthe contractor without further acknowledgment or the necessity of tendering to the awarding body any written assignments. If the JUDICIAL COUNCIL OF CALIFORNIA an awarding body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this sectionGovernment Code sections 4550 to 4554, Contractor the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon on demand, recover from the JUDICIAL COUNCIL OF CALIFORNIA public body any portion of the recovery, including treble damages, and attributable to overcharges that were paid by Contractor the assignor but were not paid by the JUDICIAL COUNCIL OF CALIFORNIA public body as a part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Upon On demand in writing by Contractorthe assignor, the JUDICIAL COUNCIL OF CALIFORNIA assignee shall, within one (1) year from such demand, reassign the cause of action assigned under this part Government Code sections 4550 to 4554 if Contractor the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the JUDICIAL COUNCIL OF CALIFORNIA assignee has not been injured thereby, or (b) the JUDICIAL COUNCIL OF CALIFORNIA assignee declines to file a court action for the cause of action.
A: PROJECT AND SPONSOR INFORMATION
Appears in 1 contract
Samples: Program Funding Agreement
Antitrust Claims. If this Agreement resulted from a competitive solicitation, this section is applicable. Contractor shall The Sponsor offers and agrees and will require all of its contractors and subcontractors and suppliers to agree to assign to the JUDICIAL COUNCIL OF CALIFORNIA awarding body all rights, title, and interest in and to all causes of action it they may have under Section section 4 of the Xxxxxxx Act (15 Title 15, U.S.C. Sec. section 15) or under the Xxxxxxxxxx Act (Chapter 2 ([commencing with Section section 16700) ] of Part 2 of Division 7 of the Business and Professions Code), ) arising from purchases of goods, materialsservices, or services by Contractor for sale materials pursuant to the JUDICIAL COUNCIL OF CALIFORNIApublic works contract or subcontract. Such The assignment made by the contractor and all additional assignments made by the subcontractors and suppliers shall be deemed to have been made and will become effective at the time the JUDICIAL COUNCIL OF CALIFORNIA awarding body tenders final payment to Contractorthe contractor without further acknowledgment or the necessity of tendering to the awarding body any written assignments. If the JUDICIAL COUNCIL OF CALIFORNIA an awarding body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this sectionGovernment Code sections 4550 to 4554, Contractor the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon on demand, recover from the JUDICIAL COUNCIL OF CALIFORNIA public body any portion of the recovery, including treble damages, and attributable to overcharges that were paid by Contractor the assignor but were not paid by the JUDICIAL COUNCIL OF CALIFORNIA public body as a part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Upon On demand in writing by Contractorthe assignor, the JUDICIAL COUNCIL OF CALIFORNIA assignee shall, within one (1) year from such demand, reassign the cause of action assigned under this part Government Code sections 4550 to 4554 if Contractor the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the JUDICIAL COUNCIL OF CALIFORNIA assignee has not been injured thereby, or (b) the JUDICIAL COUNCIL OF CALIFORNIA assignee declines to file a court action for the cause of action.
Appears in 1 contract
Samples: Program Funding Agreement
Antitrust Claims. If this Agreement resulted from a competitive solicitation, this section is applicable. Contractor shall assign to the JUDICIAL COUNCIL OF CALIFORNIA AOC 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 JUDICIAL COUNCIL OF CALIFORNIAAOC. Such assignment shall be made and become effective at the time the JUDICIAL COUNCIL OF CALIFORNIA AOC tenders final payment to the Contractor. If the JUDICIAL COUNCIL OF CALIFORNIA AOC receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this section, the Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the JUDICIAL COUNCIL OF CALIFORNIA AOC any portion of the recovery, including treble damages, attributable to overcharges that were paid by the Contractor but were not paid by the JUDICIAL COUNCIL OF CALIFORNIA AOC as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Upon demand in writing by the Contractor, the JUDICIAL COUNCIL OF CALIFORNIA AOC shall, within one (1) year from such demand, reassign the cause of action assigned under this part if the Contractor has been or may have been injured by the violation of law for which the cause of action arose and (a) the JUDICIAL COUNCIL OF CALIFORNIA AOC has not been injured thereby, or (b) the JUDICIAL COUNCIL OF CALIFORNIA AOC declines to file a court action for the cause of action. Contractor shall comply with Del Norte Superior Court Rules in performance of this Contract. Contractor shall represent a total of approximately [TBD] cases in juvenile dependency proceedings in the Superior Court of California, County of Del Norte. The case number is a point-in-time figure. This representation requires, but is not limited to, adherence to the following performance standards: Establishing and maintaining an attorney-client relationship; Visiting Child clients at each new placement, whenever feasible; Conducting thorough, continuing, and independent investigations and interviews at every stage of the proceedings; Determining their client’s interests and desires and advocating for those interests and desires; Contacting social workers and other professionals associated with their client’s case prior to each hearing, whenever practical and appropriate: For Child clients, this includes contacting CASA and school personnel; Requesting services (by court order if necessary) to access entitlements and to ensure a comprehensive service plan: For Child clients, this includes requesting services related to IEPs and attending meetings related to the Child, as practical and appropriate; Monitoring compliance with court orders, including provision of and effectiveness of court-ordered services; Filing pleadings, motions, responses, or objections as necessary to represent the client; Preparing for and participating in all hearings: For Child clients, preparing for and participating in 241.1 hearings pertaining to current juvenile dependents with a goal of maintaining the dependency jurisdiction wherever possible and appropriate; For Parent clients, representation at hearings set to determine the ability to pay for the cost of court appointed counsel. Investigating the interests of Child clients beyond the scope of the juvenile dependency proceeding and notifying the court of issues on behalf of the Child, administratively or judicially. These interests may include: School/special education issues; Mental health assessment and treatment; Immigration; Personal injury; and Delinquency or status offender matters; Contractor shall not be required to provide legal representation regarding any of the above-referenced interests. Participating in alternative dispute resolution efforts, including but not limited to Family Group Conferences, Team Decision Making meetings and mediation, as appropriate and beneficial to the client; Determining if appeals and writs are appropriate and, where necessary, filing writ and notice of appeal; and Arranging for substitutive representation where necessary to avoid court delay. Contractor will ensure that conflicts are declared only when an actual conflict exists. New Appointments Contractor shall establish procedures to check for conflicts of interest, and shall decline appointment of new clients who present a conflict of interest with their present clients. [Or, if contract includes conflicts representation: Contractor shall establish procedures to check for conflicts of interest, and institute a process to avoid conflicts. Contractor shall arrange for representation of all new clients by one of its [number of firms] separate law firms or by a contract attorney if assignment of a case to one of the [number of firms] separate law firms is not possible due to legal conflict of interest.] Ongoing Clients Contractor shall establish procedures to determine whether actual conflicts of interest arise among current clients, including within sibling groups, and shall advise the court when such conflicts arise and seek to be relieved of appointment in such cases. [Or, if contract includes conflicts representation Contractor shall (a) establish procedures to determine whether actual conflicts of interest arise among current clients; (b) advise the court when such conflicts arise; and (c) arrange for the appropriate reassignment of cases either to [one of its] other law firm(s) or to a contract attorney if reassignment of the case to the other firm is not possible due to legal conflict of interest]. Contractor will identify qualified independent contractor attorneys and execute contracts with those attorneys to be available for appointment in cases of conflict of interest, pursuant to Section 2, above. Any such contract shall be subject to the process set forth in Exhibit A, Section 5. Contractor will ensure that enough independent contractor attorneys are available to represent all clients whose representation would present a conflict of interest pursuant to Section 2 above. The cost for independent contractor attorney services will be paid on a reimbursement basis, as provided in Exhibit C, Section 3. Contractor agrees to incorporate the reporting of monthly statistics, regarding the number of conflict clients represented, into the independent contractor attorney contracts. Contractor will facilitate the reporting of monthly statistics as identified in Section 8, below.
Appears in 1 contract
Samples: Contract Terms and Conditions
Antitrust Claims. If this Agreement resulted from a competitive solicitation, this section is applicable. Contractor shall The Sponsor offers and agrees and will require all of its contractors and subcontractors and suppliers to agree to assign to the JUDICIAL COUNCIL OF CALIFORNIA awarding body all rights, title, and interest in and to all causes of action it they may have under Section section 4 of the Xxxxxxx Act (15 Title 15, U.S.C. Sec. section 15) or under the Xxxxxxxxxx Act (Chapter 2 ([commencing with Section section 16700) ] of Part 2 of Division 7 of the Business and Professions Code), ) arising from purchases of goods, materialsservices, or services by Contractor for sale materials pursuant to the JUDICIAL COUNCIL OF CALIFORNIApublic works contract or subcontract. Such The assignment made by the contractor and all additional assignments made by the subcontractors and suppliers shall be deemed to have been made and will become effective at the time the JUDICIAL COUNCIL OF CALIFORNIA awarding body tenders final payment to Contractorthe contractor without further acknowledgment or the necessity of tendering to the awarding body any written assignments. If the JUDICIAL COUNCIL OF CALIFORNIA an awarding body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this sectionGovernment Code sections 4550 to 4554, Contractor the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon on demand, recover from the JUDICIAL COUNCIL OF CALIFORNIA public body any portion of the recovery, including treble damages, and attributable to overcharges that were paid by Contractor the assignor but were not paid by the JUDICIAL COUNCIL OF CALIFORNIA public body as a part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Upon On demand in writing by Contractorthe assignor, the JUDICIAL COUNCIL OF CALIFORNIA assignee shall, within one (1) year from such demand, reassign the cause of action assigned under this part Government Code sections 4550 to 4554 if Contractor the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the JUDICIAL COUNCIL OF CALIFORNIA assignee has not been injured thereby, or (b) the JUDICIAL COUNCIL OF CALIFORNIA assignee declines to file a court action for the cause of action.. Project UUID: B4_224_Winton Project Title: Children's Clinic at Behavioral Health Recovery Center Winton Facility Grant Project Address: 0000 Xxxxxxxxxx Xx. Xxxxxx, XX 00000 Sponsor Name: Merced County Behavioral Health and Recovery Services Legal Name: County of Merced, a political subdivision of the State of California, acting through its Department of Behavioral Health and Recovery Services Entity Type: County First and Last Name: Xxxxxxx Xxxxxxxx Title/Role: BHRS Program Coordinator Office Phone #: +0 (000) 000-0000 Mobile Phone #: +0 (000) 000-0000 Email: xxxxxxx.xxxxxxxx@xxxxxxxxxxxxxx.xxx Program Funds: $2,778,624.00 Cash Match: $0.00 Total Funds: $2,778,624.00 Mission Statement: Behavioral Health and Recovery Services is committed to empowering our diverse community with hope, recovery and wellness by providing comprehensive holistic care. Merced County Behavioral Health and Recovery Service’s vision statement and core values are as follows, respectively. Inspiring hope and recovery for those we serve as the premier provider for quality whole person care; humility, integrity, compassion, innovation, customer service, inclusion. BHRS is mandated to ensure that all citizens have access to necessary assessment, crisis intervention services, and involuntary inpatient psychiatric services under Welfare and Institutions Code Section 5150 for persons who are a danger to self or others or gravely disabled due to a mental illness. Priority population to be served by this facility is youth, transitional age youth, and families. Services to youth will be delivered without co-applicants or partners. The services to the targeted population with mental health and substance use needs was identified within the state needs assessment. "Although children and youth do not suffer rates of co-morbidity or co-occurring diagnoses as high as adults, there is a substantive need to increase the mental health and substance use competencies of pediatric and general health care for youth, while at the same time assuring that youth with mental illness or substance use needs have regular access to primary health care. More importantly, youth with serious mental health or substance use needs and their families almost always rely on coordination among schools, juvenile justice, child welfare and other community systems and funding streams in order to remain in the community. Because of the very high costs of out of home and out of state treatment, Medi-Cal has a strong incentive to see that there is financial coverage and proper incentives for multi-system care coordination. The proposed project also involves the rehabilitation of a newly acquired outpatient facility space to increase capacity and expand into the Northern region of Merced County. The full range of Children & Youth outpatient services will be provided at the Children's Clinic located at the Xxxxxx Facility. BHRS provides Specialty Mental Health Services for children and youth through our outpatient programs by providing recovery services which include, comprehensive assessment, individual therapy, rehabilitation services, linkage and brokerage services, family therapy when appropriate, group therapy and group rehabilitation, crisis intervention, urgent services, and medication support. Services strive to facilitate and assist with the individual’s recovery, symptom reduction and symptom management, in order to improve their functioning and afford the opportunity to lead a full and productive life. The Behavioral Health Recovery Center Xxxxxx Facility will serve as a satellite facility to our main campus and feature the same array of outpatient treatment options. The Children's Clinic will additionally have rotating usage of the Wellness Center space and access to medication management. Facility Type 1: Community Mental Health Clinic (outpatient) # New Beds: 0 # New Slots: 508 Facility Type 2: Community Wellness/Youth Prevention Center # New Beds: 0 # New Slots: 508
Appears in 1 contract
Samples: Program Funding Agreement
Antitrust Claims. If this Agreement resulted from In submitting a competitive solicitationbid to a public purchasing body, this section the bidder offers and agrees that if the bid is applicable. Contractor shall accepted, it will assign to the JUDICIAL COUNCIL OF CALIFORNIA purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Xxxxxxx Clayton Act (15 U.S.C. Sec. 15) or under the Xxxxxxxxxx xxxxx xhe Cartwright Act (Chapter 2 (commencing with Section commencixx xxxx Xxction 16700) ), of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by Contractor the bidder for sale to the JUDICIAL COUNCIL OF CALIFORNIApurchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the JUDICIAL COUNCIL OF CALIFORNIA purchasing body tenders final payment to Contractorthe bidder. If the JUDICIAL COUNCIL OF CALIFORNIA an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned assigned, under this sectionchapter, Contractor the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the JUDICIAL COUNCIL OF CALIFORNIA public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by Contractor the assignor but were not paid by the JUDICIAL COUNCIL OF CALIFORNIA public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Upon demand in writing by Contractorthe assignor, the JUDICIAL COUNCIL OF CALIFORNIA assignee shall, within one (1) year from such demand, reassign the cause of action assigned under this part if Contractor the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the JUDICIAL COUNCIL OF CALIFORNIA assignee has not been injured thereby, or (b) the JUDICIAL COUNCIL OF CALIFORNIA assignee declines to file a court action for the cause of action.. RECYCLE CONTENT Should materials, goods, supplies offered, or products be used in the performance of this contract, the contractor by signing this contract hereby certifies that the materials, goods, supplies offered, or products meets or exceeds the minimum percentage of recycled material as defined in Sections 12161 and 12200 of the Public Contract Code. COMPUTER SOFTWARE Contractor certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this contract for the acquisition, operation or maintenance of computer software in violation of copyright laws. TeleScience International, Inc. Attachment B General Terms and Conditions Contract No. ICM01114 CHILD SUPPOXX XXXXXXXXXX XXX Xxr any contract in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code Section 7110, that:
Appears in 1 contract
Samples: Standard Agreement (Medical Staffing Solutions Inc)
Antitrust Claims. If this Agreement resulted from a competitive solicitation, this section is applicable. Contractor shall assign to the JUDICIAL COUNCIL OF CALIFORNIA 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 JUDICIAL COUNCIL OF CALIFORNIACOUNCIL. Such assignment shall be made and become effective at the time the JUDICIAL COUNCIL OF CALIFORNIA tenders final payment to Contractor. If the JUDICIAL COUNCIL OF CALIFORNIA 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 JUDICIAL COUNCIL OF CALIFORNIA any portion of the recovery, including treble damages, attributable to overcharges that were paid by Contractor but were not paid by the JUDICIAL COUNCIL OF CALIFORNIA as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Upon demand in writing by Contractor, the JUDICIAL COUNCIL OF CALIFORNIA shall, within one (1) 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 JUDICIAL COUNCIL OF CALIFORNIA has not been injured thereby, or (b) the JUDICIAL COUNCIL OF CALIFORNIA declines to file a court action for the cause of action.
Appears in 1 contract
Samples: Bindery Maintenance Services
Antitrust Claims. If this Agreement resulted from a competitive solicitation, this section is applicable. Contractor shall assign to the JUDICIAL COUNCIL OF CALIFORNIA 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 JUDICIAL COUNCIL OF CALIFORNIACOUNCIL. Such assignment shall be made and become effective at the time the JUDICIAL COUNCIL OF CALIFORNIA tenders final payment to Contractor. If the JUDICIAL COUNCIL OF CALIFORNIA 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 JUDICIAL COUNCIL OF CALIFORNIA any portion of the recovery, including treble damages, attributable to overcharges that were paid by Contractor but were not paid by the JUDICIAL COUNCIL OF CALIFORNIA as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Upon demand in writing by Contractor, the JUDICIAL COUNCIL OF CALIFORNIA shall, within one (1) 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 JUDICIAL COUNCIL OF CALIFORNIA has not been injured thereby, or (b) the JUDICIAL COUNCIL OF CALIFORNIA declines to file a court action for the cause of action.
Appears in 1 contract
Samples: Consultation Services Agreement
Antitrust Claims. If this Agreement resulted from a competitive solicitation, this section is applicable. A. Contractor shall assign to the JUDICIAL COUNCIL OF CALIFORNIA JBE/AOC 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 (commencing with Section 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 JUDICIAL COUNCIL OF CALIFORNIAJBE/AOC. Such assignment shall be made and become effective at the time the JUDICIAL COUNCIL OF CALIFORNIA JBE/AOC tenders final payment to the Contractor. (GC 4552)
B. If the JUDICIAL COUNCIL OF CALIFORNIA JBE/AOC receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this sectionSection, the Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the JUDICIAL COUNCIL OF CALIFORNIA JBE/AOC any portion of the recovery, including treble damages, attributable to overcharges that were paid by the Contractor but were not paid by the JUDICIAL COUNCIL OF CALIFORNIA JBE/AOC as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. (GC 4553)
C. Upon demand in writing by the Contractor, the JUDICIAL COUNCIL OF CALIFORNIA JBE/AOC shall, within one (1) year from such demand, reassign the cause of action assigned under this part if the Contractor has been or may have been injured by the violation of law for which the cause of action arose and (a) the JUDICIAL COUNCIL OF CALIFORNIA JBE/AOC has not been injured thereby, or (b) the JUDICIAL COUNCIL OF CALIFORNIA JBE/AOC declines to file a court action for the cause of action.. (GC 4554)
Appears in 1 contract
Antitrust Claims. If this Agreement resulted from a competitive solicitation, this section is applicable. Contractor shall assign to the JUDICIAL COUNCIL OF CALIFORNIA applicable PARTICIPATING 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 JUDICIAL COUNCIL OF CALIFORNIAPARTICIPATING JBE. Such assignment shall be made and become effective at the time the JUDICIAL COUNCIL OF CALIFORNIA PARTICIPATING JBE tenders final payment to Contractor. If the JUDICIAL COUNCIL OF CALIFORNIA PARTICIPATING 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 JUDICIAL COUNCIL OF CALIFORNIA PARTICIPATING JBE any portion of the recovery, including treble damages, attributable to overcharges that were paid by Contractor but were not paid by the JUDICIAL COUNCIL OF CALIFORNIA PARTICIPATING 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 JUDICIAL COUNCIL OF CALIFORNIA PARTICIPATING JBE shall, within one (1) 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 JUDICIAL COUNCIL OF CALIFORNIA PARTICIPATING JBE has not been injured thereby, or (b) the JUDICIAL COUNCIL OF CALIFORNIA PARTICIPATING JBE declines to file a court action for the cause of action.
Appears in 1 contract
Samples: Master Agreement