Assignment Of Antitrust Actions. Pursuant to Government Code sections 4552, 4553, and 4554, the following provisions are incorporated herein: a) In submitting a bid to the State, the supplier offers and agrees that if the bid is accepted, it will assign to the 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. 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, material or other items, or services by the supplier for sale to the State pursuant to the solicitation. Such assignment shall be made and become effective at the time the State tender’s final payment to the supplier; b) If 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 State any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the State as part of the bid price, less the expenses incurred in obtaining that portion of the recovery; and 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: i. the assignee has not been injured thereby, or ii. the assignee declines to file a court action for the cause of action.
Appears in 9 contracts
Samples: Software as a Service (Saas) Agreement, Software as a Service Agreement, Software as a Service Agreement
Assignment Of Antitrust Actions. Pursuant to Government Code sections Sections 4552, 4553, and 4554, the following provisions are incorporated herein:
a) In submitting a bid to the State, the supplier offers and agrees that if the bid is accepted, it will assign to the 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. 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 Goodsgoods, material or other itemsmaterial, or services by the supplier for sale to the State pursuant to the solicitation. Such assignment shall be made and become effective at the time the State tender’s tenders final payment to the supplier;.
b) If 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 State any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the State as part of the bid price, less the expenses incurred in obtaining that portion of the recovery; and.
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:
i. i) the assignee has not been injured thereby, or
ii. ) the assignee declines to file a court action for the cause of action.
Appears in 7 contracts
Samples: Contract, Data Processing Agreement (National Information Consortium), Contract
Assignment Of Antitrust Actions. Pursuant to Government Code sections Sections 4552, 4553, and 4554, the following provisions are incorporated herein:
a) In submitting a bid to the State, the supplier offers and agrees that if the bid is accepted, it will assign to the 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. 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, material or other itemsmaterial, or services by the supplier for sale to the State pursuant to the solicitation. Such assignment shall be made and become effective at the time the State tender’s tenders final payment to the supplier;.
b) If 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 State any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the State as part of the bid price, less the expenses incurred in obtaining that portion of the recovery; and.
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:
i. i) the assignee has not been injured thereby, or
ii. ) the assignee declines to file a court action for the cause of action.
Appears in 5 contracts
Assignment Of Antitrust Actions. Pursuant to Government Code sections Sections 4552, 4553, and 4554, the following provisions are incorporated herein:
a) a. In submitting a bid to the State, the supplier offers and agrees that if the bid is accepted, it will assign to the 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. 15) or under the Xxxxxxxxxx Act (Chapter 2, commencing with section Section 16700, of or Part 2 of Division 7 of the Business and Professions Code), arising from purchases of Goods, material or and other items, or services Services by the supplier for of sale to the State pursuant to the solicitation. Such assignment shall be made and become effective at the time the State tender’s tenders final payment to the supplier;.
b) b. If 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 State any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the State as part of the bid price, less the expenses incurred in obtaining that portion of the recovery; and.
c) 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:
i. the The assignee has not been injured thereby, or
ii. the The assignee declines to file a court action for the cause of action.
Appears in 3 contracts
Samples: Standard Agreement, Standard Agreement, Standard Agreement
Assignment Of Antitrust Actions. Pursuant to Government Code sections Sections 4552, 4553, and 4554, the following provisions are incorporated herein:
a) a. In submitting a bid to the State, the supplier offers and agrees that if the bid is accepted, it will assign to the 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. 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, material or other itemsmaterial, or services by the supplier for sale to the State pursuant to the solicitation. Such assignment shall be made and become effective at the time the State tender’s tenders final payment to the supplier;.
b) b. If 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 State any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the State as part of the bid price, less the expenses incurred in obtaining that portion of the recovery; and.
c) 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:
i. the assignee has not been injured thereby, or
ii. the assignee declines to file a court action for the cause of action.
Appears in 3 contracts
Samples: General Provisions, General Provisions, General Provisions
Assignment Of Antitrust Actions. Pursuant to Government Code sections Sections 4552, 4553, and 4554, the following provisions are incorporated herein:
a) a. In submitting a bid to the State, the supplier offers and agrees that if the bid is accepted, it will assign to the 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. 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 Goodsgoods, material or other itemsmaterial, or services by the supplier for sale to the State pursuant to the solicitation. Such assignment shall be made and become effective at the time the State tender’s tenders final payment to the supplier;.
b) b. If 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 State any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the State as part of the bid price, less the expenses incurred in obtaining that portion of the recovery; and.
c) 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:
i. the assignee has not been injured thereby, or
ii. the assignee declines to file a court action for the cause of action.
Appears in 2 contracts
Samples: General Provisions, General Provisions
Assignment Of Antitrust Actions. Pursuant to Government Code sections Sections 4552, 4553, and 4554, the following provisions are incorporated herein:
a) A. In submitting a bid to the StateCalPERS, the supplier offers and agrees that if the bid is accepted, it will assign to the State CalPERS 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. 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 Goodsgoods, material or other itemsmaterials, or services by the supplier for sale to the State CalPERS pursuant to the solicitation. Such assignment shall be made and become effective at the time the State tender’s CalPERS tenders final payment to the supplier;.
b) B. If the State CalPERS 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 State CalPERS any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the State CalPERS as part of the bid price, less the expenses incurred in obtaining that portion of the recovery; and.
c) C. Upon demand in writing by the assignor, the assignee shall, within one (1) 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:
i. the (i) The assignee has not been injured thereby, ; or,
(ii. the ) The assignee declines to file a court action for the cause of action.
Appears in 2 contracts
Samples: Standard Agreement, Standard Agreement
Assignment Of Antitrust Actions. Pursuant to Government Code sections 4552, 4553, and 4554, the following provisions are incorporated herein:
a) A. In submitting a bid to the StateCalPERS, the supplier offers and agrees that if the bid is accepted, it will assign to the State CalPERS 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. § 15) or under the Xxxxxxxxxx Act (Chapter 2, commencing with section § 16700, of Part pt. 2 of Division div. 7 of the Business and Professions Bus & Prof. Code), arising from purchases of Goodsgoods, material or other itemsmaterials, or services by the supplier for sale to the State CalPERS pursuant to the solicitation. Such assignment shall be made and become effective at the time the State tender’s CalPERS tenders final payment to the supplier;.
b) B. If the State CalPERS 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 State CalPERS any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the State XxxXXXX as part of the bid price, less the expenses incurred in obtaining that portion of the recovery; and.
c) C. Upon demand in writing by the assignor, the assignee shall, within one (1) 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:
i. the (i) The assignee has not been injured thereby, ; or,
(ii. the ) The assignee declines to file a court action for the cause of action.
Appears in 2 contracts
Samples: Contract for Solicitation No. 2021 9089, Investment Consulting Agreement
Assignment Of Antitrust Actions. Pursuant to Government Code sections Sections 4552, 4553, and 4554, the following provisions are incorporated herein:
a) In submitting a bid an offer to the State, the supplier offers and agrees that if the bid offer is accepted, it will assign to the 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. 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, material or other itemsmaterial, or services by the supplier for sale to the State pursuant to the solicitation. Such assignment shall be made and become effective at the time the State tender’s tenders final payment to the supplier;.
b) If 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 State any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the State as part of the bid offer price, less the expenses incurred in obtaining that portion of the recovery; and.
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:
i. i) the assignee has not been injured thereby, or
ii. ) the assignee declines to file a court action for the cause of action.
Appears in 2 contracts
Assignment Of Antitrust Actions. Pursuant to Government Code sections Sections 4552, 4553, and 4554, the following provisions are incorporated herein:
a) In submitting a bid to the State, the supplier offers and agrees that if the bid is accepted, it will assign to the 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. 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, material or other items, or services by the supplier for sale to the State pursuant to the solicitation. Such assignment shall be made and become effective at the time the State tender’s tenders final payment to the supplier;.
b) If 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 State any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the State as part of the bid price, less the expenses incurred in obtaining that portion of the recovery; and.
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:
i. the assignee has not been injured thereby, or
ii. the assignee declines to file a court action for the cause of action.
Appears in 2 contracts
Samples: Contact Tracing Solution Agreement, Service Agreement
Assignment Of Antitrust Actions. Pursuant In entering into a public works contract or a subcontract to Government Code sections 4552supply goods, 4553services, and 4554, or materials pursuant to a public works contract the following provisions are incorporated herein:
a) In submitting a bid to the State, the supplier contractor or subcontractor offers and agrees that if to assign the bid is accepted, it will assign to the State awarding body 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, material or other itemsservices, or services by the supplier for sale to the State materials pursuant to the solicitationpublic works contract or the subcontract. Such This assignment shall be made and become effective at the time the State tender’s awarding body tenders final payment to the supplier;
b) contractor, without further acknowledgment by the parties. If the State 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 State 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 State public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery; and
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:
i. and (a) the assignee has not been injured thereby, or
ii. or (b) the assignee declines to file a court action for the cause of action."
Appears in 2 contracts
Samples: Construction Contract, Construction Contract
Assignment Of Antitrust Actions. Pursuant to 1. The following provisio n of Government Code sections Section 4552, 4553, and 45544554 (Statutes of 1978, Ch. 414) will be applicable to the following provisions are incorporated herein:Contractor.
a(i) In submitting a bid to the State, the supplier offers and agrees that if the bid is accepted, it will assign to the State all rights, title, 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. 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 Goodsgoods, material or other items, or services by the supplier for sale to the State pursuant to the solicitation. Such assignment shall will be made and become effective at the thee time the State tender’s tenders final payment to the supplier;.
b(ii) If the State receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall will be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the State any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the State as part of the bid price, less the expenses incurred in obtaining that portion of the recovery; and.
c(iii) Upon demand in writing by the assignor, the assignee shallwill, 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:
i. and (a) the assignee has not been injured thereby, or
ii. or (b) the assignee declines to file a court action for the cause of action.
Appears in 1 contract
Assignment Of Antitrust Actions. Pursuant to Government Code sections 4552, 4553, and 4554, the following provisions are incorporated herein:
a) : In submitting a bid to the State, the supplier offers and agrees that if the bid is accepted, it will assign to the 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. 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, material or other items, or services by the supplier for sale to the State pursuant to the solicitation. Such assignment shall be made and become effective at the time the State tender’s final payment to the supplier;
b) ; If 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 State any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the State as part of the bid price, less the expenses incurred in obtaining that portion of the recovery; and
c) 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:
i. : the assignee has not been injured thereby, or
ii. or the assignee declines to file a court action for the cause of action.
Appears in 1 contract
Assignment Of Antitrust Actions. Pursuant to Government Code sections Sections 4552, 4553, and 4554, the following provisions are incorporated herein:
a) In submitting a bid to the State, the supplier offers and agrees that if the bid is accepted, it will assign to the 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. 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, material or other items, or services by the supplier for sale to the State pursuant to the solicitation. Such assignment shall be made and become effective at the time the State tender’s tenders final payment to the supplier;.
b) If 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 State any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the State as part of the bid price, less the expenses incurred in obtaining that portion of the recovery; and.
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:
and i. the assignee has not been injured thereby, or
or DEPARTMENT OF TECHNOLOGY AGREEMENT NO. 20-14312, SC NO. 00-0000000 ii. the assignee declines to file a court action for the cause of action.
Appears in 1 contract
Samples: Cloud Services Agreement
Assignment Of Antitrust Actions. Pursuant to Government Code sections Sections 4552, 4553, and 4554, the following provisions are incorporated herein:
a) In submitting a bid to the State, the supplier offers and agrees that if the bid is accepted, it will assign to the 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. 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, material or other items, or services by the supplier for sale to the State pursuant to the solicitation. Such assignment shall be made and become effective at the time the State tender’s tenders final payment to the supplier;.
b) If 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 State any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the State as part of the bid price, less the expenses incurred in obtaining that portion of the recovery; and.
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:
i. (i) the assignee has not been injured thereby, or
(ii. ) the assignee declines to file a court action for the cause of action.
Appears in 1 contract
Samples: Standard Agreement
Assignment Of Antitrust Actions. Pursuant to Government Code sections Sections 4552, 4553, and 4554, the following provisions are incorporated herein:
a) In submitting a bid quote to the State, the supplier offers and agrees that if the bid quote is accepted, it will assign to the 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. 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 Goodsgoods, material or other itemsmaterial, or services by the supplier for sale to the State pursuant to the solicitation. Such assignment shall be made and become effective at the time the State tender’s tenders final payment to the supplier;.
b) If 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 State any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the State as part of the bid quote price, less the expenses incurred in obtaining that portion of the recovery; and.
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:
i. the i) The assignee has not been injured thereby, or
ii. the ) The assignee declines to file a court action for the cause of action.
Appears in 1 contract
Samples: Contract
Assignment Of Antitrust Actions. Pursuant to Government Code sections 4552, 4553Sections 4552,4553, and 4554, the following provisions are incorporated herein:
a) In submitting a bid to the State, the supplier offers and agrees that if the bid is accepted, it will assign to the 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. 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, material or other itemsmaterial, or services by the supplier for sale to the State pursuant to the solicitation. Such assignment shall be made and become effective at the time the State tender’s tenders final payment to the supplier;.
b) If 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 State any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the State as part of the bid price, less the expenses incurred in obtaining that portion of the recovery; and.
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:
i. i) the assignee has not been injured thereby, or
ii. ) the assignee declines to file a court action for the cause of action.
Appears in 1 contract
Samples: Contract
Assignment Of Antitrust Actions. Pursuant to Government Code sections Sections 4552, 4553, and 4554, the following provisions are incorporated herein:
a) In submitting a bid an offer to the State, the supplier offers and agrees that if the bid offer is accepted, it will assign to the 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. 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 Goodsgoods, material or other itemsmaterial, or services by the supplier for sale to the State pursuant to the solicitation. Such assignment shall be made and become effective at the time the State tender’s tenders final payment to the supplier;.
b) If 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 State any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the State as part of the bid offer price, less the expenses incurred in obtaining that portion of the recovery; and.
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:
i. i) the assignee has not been injured thereby, or
ii. ) the assignee declines to file a court action for the cause of action.
Appears in 1 contract
Samples: Contract
Assignment Of Antitrust Actions. Pursuant to Government Code sections 4552, 4553Sections 4552,4553, and 4554, the following provisions are incorporated areincorporated herein:
a) In submitting a bid to the State, the supplier offers and agrees that if the bid is acceptedisaccepted, it will assign to the State all rights, title, and interest in and to all causes of causesof action it may have under section Section 4 of the Xxxxxxx Act (15 U.S.C. 15) or under the Xxxxxxxxxx theCartwright Act (Chapter 2, commencing with section commencingwith Section 16700, of Part 2 of Division 7 of 7of the Business and Professions Code), arising from purchases of Goods, material or other items, material,or services by the supplier for sale to the State pursuant to the solicitation. Such assignment shall be made and become effective at the time the State tender’s final payment tenders finalpayment to the supplier;.
b) If 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 demandupondemand, recover from the State any portion of the recovery, including treble damagestrebledamages, attributable to overcharges that were thatwere paid by the assignor but were not paid by the State as part of the bid price, less the expenses incurred in obtaining that portion of the recovery; and.
c) Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned actionassigned under this part if the assignor has been hasbeen or may have been injured by the violation of law for which the cause of action ofaction arose and:
i. and i) the assignee has not been injured thereby, or
ii. the assignee declines to file a court action for the cause of action.
Appears in 1 contract
Samples: Contract
Assignment Of Antitrust Actions. Pursuant to Government Code sections Sections 4552, 4553, and 4554, the following provisions are incorporated herein:
a) In submitting a bid to the State, the supplier offers and agrees that if the bid is accepted, it will assign to the 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. 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, material or other items, or services by the supplier for sale to the State pursuant to the solicitation. Such assignment shall be made and become effective at the time the State tender’s tenders final payment to the supplier;. The State acknowledges that the Contract is only for Contractor’s Services and that Contractor does not purchase goods, material, other items, or services and then resell the same to the State under this Contract.
b) If 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 State any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the State as part of the bid price, less the expenses incurred in obtaining that portion of the recovery; and.
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:
i. (i) the assignee has not been injured thereby, or
(ii. ) the assignee declines to file a court action for the cause of action.
Appears in 1 contract
Samples: Aws Cloud Services Agreement
Assignment Of Antitrust Actions. Pursuant to Government Code sections Sections 4552, 4553, and 4554, the following provisions are incorporated herein:
a) a. In submitting a bid to the State, the supplier offers and agrees that if the bid is accepted, it will assign to the 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. 15) or under the Xxxxxxxxxx Act (Chapter 2, commencing with section Section 16700, of or Part 2 of Division 7 of the Business and Professions Code), arising from purchases of Goods, material or and other items, or services Services by the supplier for of sale to the State pursuant to the solicitation. Such assignment shall be made and become effective at the time the State tender’s tenders final payment to the supplier;.
b) b. If 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 State any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the State as part of the bid price, less the expenses incurred in obtaining that portion of the recovery; andrecovery.
c) 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:
i. the The assignee has not been injured thereby, or
ii. the The assignee declines to file a court action for the cause of action.
Appears in 1 contract
Samples: Standard Agreement