Common use of Assignment of Antitrust Claims Clause in Contracts

Assignment of Antitrust Claims. A. Concessionaire recognizes that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the ultimate purchaser. Therefore, and as consideration for executing this Agreement, Concessionaire, acting herein by and through its duly authorized agent, hereby conveys, sells, assigns, and transfers to the State of New Jersey, for itself and on behalf of its political subdivisions and public agencies, all right, title and interest to all claims and causes of action it may now or hereafter acquire under the antitrust laws of the United States or the State of New Jersey, relating to the particular goods and services purchased or acquired by the State of New Jersey or any of its political subdivisions or public agencies pursuant to this Agreement. B. In connection with this assignment, the following are the express obligations of Concessionaire: (i) It shall take no action that will in any way diminish the value of the rights conveyed or assigned hereunder. (ii) It shall advise the Attorney General of New Jersey in advance of its intention to commence any action on its own behalf regarding any such claim or cause(s) of action, and immediately upon becoming aware of the fact that an action has been commenced on its behalf by some other person(s) of the pendency of such action. (iii) It shall notify the defendants in any antitrust suit of the within assignment at the earliest practicable opportunity after Concessionaire has initiated an action on its own behalf or becomes aware that such an action has been filed on its behalf by another person. A copy of such notice shall be sent to the Attorney General of New Jersey. (iv) It is understood and agreed that in the event any payment under any such claim or cause of action is made to Concessionaire, it shall promptly pay over to the State of New Jersey the allotted share thereof, if any, assigned to the State hereunder.

Assignment of Antitrust Claims. A. Concessionaire Licensee recognizes that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the ultimate purchaser. Therefore, and as consideration for executing this Agreement, ConcessionaireLicensee, acting herein by and through its duly authorized agent, hereby conveys, sells, assigns, and transfers to the State of New Jersey, for itself and on behalf of its political subdivisions and public agencies, all right, title and interest to all claims and causes of action it may now or hereafter acquire under the antitrust laws of the United States or the State of New Jersey, relating to the particular goods and services purchased or acquired by the State of New Jersey or any of its political subdivisions or public agencies pursuant to this Agreement. B. In connection with this assignment, the following are the express obligations of ConcessionaireLicensee: (i) It shall take no action that will in any way diminish the value of the rights conveyed or assigned hereunder. (ii) It shall advise the Attorney General of New Jersey in advance of its intention to commence any action on its own behalf regarding any such claim or cause(s) of action, and immediately upon becoming aware of the fact that an action has been commenced on its behalf by some other person(s) of the pendency of such action. (iii) It shall notify the defendants in any antitrust suit of the within assignment at the earliest practicable opportunity after Concessionaire Licensee has initiated an action on its own behalf or becomes aware that such an action has been filed on its behalf by another person. A copy of such notice shall be sent to the Attorney General of New Jersey. (iv) It is understood and agreed that in the event any payment under any such claim or cause of action is made to ConcessionaireLicensee, it shall promptly pay over to the State of New Jersey the allotted share thereof, if any, assigned to the State hereunder.

Assignment of Antitrust Claims. A. Concessionaire The contractor recognizes that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the ultimate purchaser. Therefore, and as consideration for executing this Agreementcontract, Concessionairethe contractor, acting herein by and through its duly authorized agent, hereby conveys, sells, assigns, and transfers to the State of New Jersey, for itself and on behalf of behalfof its political subdivisions and public agencies, all right, title and interest to all claims and causes of action it may now or hereafter acquire under the antitrust laws of the United States or the State of New Jersey, relating to the particular goods and services purchased or acquired by the State of New Jersey or any of its political subdivisions or public agencies pursuant to this Agreement. B. contract. In connection with this assignment, the following are the express obligations of Concessionairethe contractor: (i) A. It shall take no action that will in any way diminish the value of the rights conveyed or assigned hereunder.; (ii) B. It shall advise the Attorney General of New Jersey in Jersey: 1. In advance of its intention to commence any action on its own behalf regarding any such anysuch claim or cause(s) of action, and immediately ; and 2. Immediately upon becoming aware of the fact that an action has been commenced on its behalf by some other person(s) of the pendency of such action. (iii) C. It shall notify the defendants in any antitrust suit of the within assignment at the earliest practicable opportunity after Concessionaire the contractor has initiated an action on its own behalf or becomes aware that such an action has been filed on its behalf by another person. A copy of such notice shall be sent to the Attorney General of New Jersey.; and (iv) D. It is understood and agreed that in the event any payment under any such claim or cause of action is made to Concessionairethe contractor, it shall promptly pay over to the State of New Jersey the allotted share thereof, if any, assigned to the State hereunder.

Assignment of Antitrust Claims. A. Concessionaire The contractor recognizes that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the ultimate purchaser. Therefore, and as consideration for executing this Agreementcontract, Concessionairethe contractor, acting herein by and through its duly authorized agent, hereby conveys, sells, assigns, and transfers to the State of New Jersey, for itself and on behalf of its political subdivisions and public agencies, all right, title and interest to all claims and causes of action it may now or hereafter acquire under the antitrust laws of the United States or the State of New Jersey, relating to the particular goods and services purchased or acquired by the State of New Jersey or any of its political subdivisions or public agencies pursuant to this Agreement. B. contract. In connection with this assignment, the following are the express obligations of Concessionairethe contractor: (i) A. It shall take no action that will in any way diminish the value of the rights conveyed or assigned hereunder.; (ii) B. It shall advise the Attorney General of New Jersey in Jersey: 1. In advance of its intention to commence any action on its own behalf regarding any such claim or cause(s) of action, and immediately ; and 2. Immediately upon becoming aware of the fact that an action has been commenced on its behalf by some other person(s) of the pendency of such action. (iii) C. It shall notify the defendants in any antitrust suit of the within assignment at the earliest practicable opportunity after Concessionaire the contractor has initiated an action on its own behalf or becomes aware that such an action has been filed on its behalf by another person. A copy of such notice shall be sent to the Attorney General of New Jersey.; and (iv) D. It is understood and agreed that in the event any payment under any such claim or cause of action is made to Concessionairethe contractor, it shall promptly pay over to the State of New Jersey the allotted share thereof, if any, assigned to the State hereunder.

Assignment of Antitrust Claims. A. Concessionaire Operator recognizes that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the ultimate purchaser. Therefore, and as consideration for executing this Agreement, ConcessionaireOperator, acting herein by and through its duly authorized agent, hereby conveys, sells, assigns, and transfers to the State of New Jersey, for itself and on behalf of its political subdivisions and public agencies, all right, title and interest to all claims and causes of action it may now or hereafter acquire under the antitrust laws of the United States or the State of New Jersey, relating to the particular goods and services purchased or acquired by the State of New Jersey or any of its political subdivisions or public agencies pursuant to this Agreement. B. In connection with this assignment, the following are the express obligations of ConcessionaireOperator: (i) It shall take no action that will in any way diminish the value of the rights conveyed or assigned hereunder. (ii) It shall advise the Attorney General of New Jersey in advance of its intention to commence any action on its own behalf regarding any such claim or cause(s) of action, and immediately upon becoming aware of the fact that an action has been commenced on its behalf by some other person(s) of the pendency of such action. (iii) It shall notify the defendants in any antitrust suit of the within assignment at the earliest practicable opportunity after Concessionaire Operator has initiated an action on its own behalf or becomes aware that such an action has been filed on its behalf by another person. A copy of such notice shall be sent to the Attorney General of New Jersey. (iv) It is understood and agreed that in the event any payment under any such claim or cause of action is made to ConcessionaireOperator, it shall promptly pay over to the State of New Jersey the allotted share thereof, if any, assigned to the State hereunder.

Assignment of Antitrust Claims. A. Concessionaire The Vendor {Contractor} recognizes that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the ultimate purchaser. Therefore, and as consideration for executing this Agreementcontract, Concessionairethe Vendor {Contractor}, acting herein by and through its duly authorized agent, hereby conveys, sells, assigns, and transfers to the State of New Jersey, for itself and on behalf of behalfof its political subdivisions and public agencies, all right, title and interest to all claims and causes of action it may now or hereafter acquire under the antitrust laws of the United States or the State of New Jersey, relating to the particular goods and services purchased or acquired by the State of New Jersey or any of its political subdivisions or public agencies pursuant to this Agreement. B. PPA. In connection with this assignment, the following are the express obligations of Concessionairethe Vendor {Contractor}: (i) A. It shall take no action that will in any way diminish the value of the rights conveyed or assigned hereunder.; (ii) B. It shall advise the Attorney General of New Jersey in Jersey: 1. In advance of its intention to commence any action on its own behalf regarding any such claim or cause(s) of action, and immediately ; and 2. Immediately upon becoming aware of the fact that an action has been commenced on its behalf by some other person(s) of the pendency of such action. (iii) C. It shall notify the defendants in any antitrust suit of the within assignment at the earliest practicable opportunity after Concessionaire the Vendor {Contractor} has initiated an action on its own behalf or becomes aware that such an action has been filed on its behalf by another person. A copy of such notice shall be sent to the Attorney General of New Jersey.; and (iv) D. It is understood and agreed that in the event any payment under any such claim or cause of action is made to Concessionairethe Vendor {Contractor}, it shall promptly pay over to the State of New Jersey the allotted share thereof, if any, assigned to the State hereunder.