Common use of Competitively Bid Contracts; Antitrust Claims Clause in Contracts

Competitively Bid Contracts; Antitrust Claims. If this Agreement resulted from a competitive bid, Contractor shall comply with the requirements of the Government Code sections set out below. Contractor shall assign to the 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 JBE pursuant to the bid. Such assignment shall be made and become effective at the time the JBE tenders final payment to the Contractor. (GC 4552) If the JBE receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the JBE any portion of the recovery, including treble damages, attributable to overcharges that were paid by the Contractor but were not paid by the JBE as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. (GC 4553) Upon demand in writing by the Contractor, the JBE shall, within one 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 (1) the JBE has not been injured thereby, or (2) the JBE declines to file a court action for the cause of action. (GC 4554)

Appears in 15 contracts

Samples: Standard Agreement, Standard Agreement, Standard Agreement

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Competitively Bid Contracts; Antitrust Claims. If this Agreement resulted from a competitive bid, this section applies: Contractor shall comply with the requirements of the Government Code sections set out below. : Contractor shall assign to the JBE Court 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 JBE Court pursuant to the bid. Such assignment shall be made and become effective at the time the JBE Court tenders final payment to the Contractor. (GC 4552) ). If the JBE Court receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the JBE Court any portion of the recovery, including treble damages, attributable to overcharges that were paid by the Contractor but were not paid by the JBE Court as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. (GC 4553) ). Upon demand in writing by the Contractor, the JBE Court shall, within one 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 (1) the JBE Court has not been injured thereby, or (2) the JBE Court declines to file a court action for the cause of action. (GC 4554).

Appears in 14 contracts

Samples: Unarmed Security and Weapon Screening Agreement, On Site Scanning and Imaging Services Agreement, Custodial Services Agreement

Competitively Bid Contracts; Antitrust Claims. If this Agreement resulted from a competitive bid, Contractor shall comply with the requirements of the Government Code sections set out below. . (a) Contractor shall assign to the 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 JBE pursuant to the bid. Such assignment shall be made and become effective at the time the JBE tenders final payment to the Contractor. (GC 4552) (b) If the JBE receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the JBE any portion of the recovery, including treble damages, attributable to overcharges that were paid by the Contractor but were not paid by the JBE 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 JBE shall, within one 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 (1) the JBE has not been injured thereby, or (2) the JBE declines to file a court action for the cause of action. (GC 4554)

Appears in 11 contracts

Samples: Standard Agreement, Standard Agreement, Standard Agreement

Competitively Bid Contracts; Antitrust Claims. If this Agreement resulted from a competitive bid, Contractor shall comply with the requirements of the Government Code sections set out below. . (a) Contractor shall assign to the JBE Judicial Council 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 JBE Judicial Council pursuant to the bid. Such assignment shall be made and become effective at the time the JBE Judicial Council tenders final payment to the Contractor. (GC 4552) (b) If the JBE Judicial Council receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the JBE Judicial Council any portion of the recovery, including treble damages, attributable to overcharges that were paid by the Contractor but were not paid by the JBE Judicial Council 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 JBE Judicial Council shall, within one 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 (1) the JBE Judicial Council has not been injured thereby, or (2) the JBE Judicial Council declines to file a court action for the cause of action. (GC 4554)

Appears in 7 contracts

Samples: Standard Agreement, Standard Agreement, Standard Agreement

Competitively Bid Contracts; Antitrust Claims. If this Agreement resulted from a competitive bid, Contractor shall comply with the requirements of the Government Code sections set out below. . A. Contractor shall assign to the 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 JBE pursuant to the bidJBE. Such assignment shall be made and become effective at the time the JBE tenders final payment to the Contractor. (GC 4552) ) B. If the JBE receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the JBE any portion of the recovery, including treble damages, attributable to overcharges that were paid by the Contractor but were not paid by the JBE 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 JBE shall, within one 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 (1) the JBE has not been injured thereby, or (2) the JBE declines to file a court action for the cause of action. (GC 4554)

Appears in 3 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

Competitively Bid Contracts; Antitrust Claims. If this Agreement resulted from a competitive bid, Contractor shall comply with the requirements of the Government Code sections set out below. . (a) Contractor shall assign to the JBE Court 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 JBE Court pursuant to the bid. Such assignment shall be made and become effective at the time the JBE Court tenders final payment to the Contractor. (GC 4552). (b) If the JBE Court receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the JBE Court any portion of the recovery, including treble damages, attributable to overcharges that were paid by the Contractor but were not paid by the JBE Court 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 JBE Court shall, within one 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 (1) the JBE Court has not been injured thereby, or (2) the JBE Court declines to file a court action for the cause of action. (GC 4554)

Appears in 3 contracts

Samples: Standard Agreement, Standard Agreement, Standard Agreement

Competitively Bid Contracts; Antitrust Claims. If this Agreement resulted from a competitive bid, Contractor shall comply with the requirements of the Government Code sections set out below. . (a) Contractor shall assign to the JBE Court 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 JBE Court pursuant to the bid. Such assignment shall be made and become effective at the time the JBE Court tenders final payment to the Contractor. (GC 4552) (b) If the JBE Court receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the JBE Court any portion of the recovery, including treble damages, attributable to overcharges that were paid by the Contractor but were not paid by the JBE Court 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 JBE Court shall, within one 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 (1) the JBE Court has not been injured thereby, or (2) the JBE Court declines to file a court Court action for the cause of action. (GC 4554)

Appears in 3 contracts

Samples: General Terms and Conditions, General Terms and Conditions, General Terms and Conditions

Competitively Bid Contracts; Antitrust Claims. If this Agreement resulted from a competitive bid, Contractor shall comply with the requirements of the Government Code sections set out below. Contractor shall assign to the JBE JUDICIAL COUNCIL 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 JBE JUDICIAL COUNCIL pursuant to the bid. Such assignment shall be made and become effective at the time the JBE JUDICIAL COUNCIL tenders final payment to the Contractor. (GC 4552) If the JBE JUDICIAL COUNCIL receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the JBE JUDICIAL COUNCIL any portion of the recovery, including treble damages, attributable to overcharges that were paid by the Contractor but were not paid by the JBE JUDICIAL COUNCIL as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. (GC 4553) Upon demand in writing by the Contractor, the JBE JUDICIAL COUNCIL shall, within one 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 (1) the JBE JUDICIAL COUNCIL has not been injured thereby, or (2) the JBE JUDICIAL COUNCIL declines to file a court action for the cause of action. (GC 4554)

Appears in 3 contracts

Samples: Standard Agreement, Standard Agreement, Standard Agreement

Competitively Bid Contracts; Antitrust Claims. If this Agreement resulted from a competitive bid, Contractor shall comply with the requirements of the Government Code sections set out below. . A. Contractor shall assign to the 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 JBE pursuant to the bid. Such assignment shall be made and become effective at the time the JBE tenders final payment to the Contractor. (GC 4552) Act B. If the JBE receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the JBE any portion of the recovery, including treble damages, attributable to overcharges that were paid by the Contractor but were not paid by the JBE 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 JBE shall, within one 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 (1) the JBE has not been injured thereby, or (2) the JBE declines to file a court action for the cause of action. (GC 4554)

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

Competitively Bid Contracts; Antitrust Claims. If this Agreement resulted from a competitive bid, Contractor shall comply with the requirements of the Government Code sections set out below. . a. Contractor shall assign to the 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 JBE pursuant to the bid. Such assignment shall be made and become effective at the time the JBE tenders final payment to the Contractor. (GC 4552) ) b. If the JBE receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the JBE any portion of the recovery, including treble damages, attributable to overcharges that were paid by the Contractor but were not paid by the JBE 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 JBE shall, within one 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 (1) the JBE has not been injured thereby, or (2) the JBE declines to file a court action for the cause of action. (GC 4554)

Appears in 2 contracts

Samples: It Goods & Services Agreement, Standard Agreement

Competitively Bid Contracts; Antitrust Claims. If this Agreement resulted from a competitive bid, Contractor shall comply with the requirements of the Government Code sections set out below. . A. Contractor shall assign to the JBE 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 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 JBE pursuant to the bid. Such assignment shall be made and become effective at the time the JBE tenders final payment to the Contractor. (GC 4552) Cartwright Act B. If the JBE receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the JBE any portion of the recovery, including treble damages, attributable to overcharges that were paid by the Contractor but were not paid by the JBE 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 JBE shall, within one 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 (1) the JBE has not been injured thereby, or (2) the JBE declines to file a court action for the cause of action. (GC 4554)

Appears in 1 contract

Samples: Master Agreement

Competitively Bid Contracts; Antitrust Claims. If this Agreement resulted from a competitive bid, Contractor Consultant shall comply with the requirements of the Government Code sections set out below. Contractor Consultant shall assign to the JBE Judicial Council 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 Consultant for sale to the JBE Judicial Council pursuant to the bidproposal. Such assignment shall be made and become effective at the time the JBE Judicial Council tenders final payment to the ContractorConsultant. (GC 4552) If the JBE Judicial Council receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the Contractor Consultant shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the JBE Judicial Council any portion of the recovery, including treble damages, attributable to overcharges that were paid by the Contractor Consultant but were not paid by the JBE Judicial Council as part of the bid proposal price, less the expenses incurred in obtaining that portion of the recovery. (GC 4553) Upon demand in writing by the ContractorConsultant, the JBE Judicial Council shall, within one year from such demand, reassign the cause of action assigned under this part if the Contractor Consultant has been or may have been injured by the violation of law for which the cause of action arose and (1) the JBE Judicial Council has not been injured thereby, or (2) the JBE Judicial Council declines to file a court action for the cause of action. (GC 4554)

Appears in 1 contract

Samples: Consulting Services Agreement

Competitively Bid Contracts; Antitrust Claims. If this Agreement resulted from a competitive bid, Contractor shall comply with the requirements of the Government Code sections set out below. . (a) Contractor shall assign to the 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 JBE pursuant to the bid. Such assignment shall be made and become effective at the time the JBE tenders final payment to the Contractor. (GC 4552) (b) If the JBE receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the JBE any portion of the recovery, including treble damages, attributable to overcharges that were paid by the Contractor but were not paid by the JBE 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 JBE shall, within one 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 (1) the JBE has not been injured thereby, or (2) the JBE declines to file a court JBE action for the cause of action. (GC 4554)

Appears in 1 contract

Samples: General Terms and Conditions

Competitively Bid Contracts; Antitrust Claims. If this Agreement resulted from a competitive bid, Contractor shall comply with the requirements of the Government Code sections set out below. below.‌ (a) Contractor shall assign to the 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 JBE pursuant to the bid. Such assignment shall be made and become effective at the time the JBE tenders final payment to the Contractor. (GC 4552) (b) If the JBE receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the JBE any portion of the recovery, including treble damages, attributable to overcharges that were paid by the Contractor but were not paid by the JBE 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 JBE shall, within one 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 (1) the JBE has not been injured thereby, or (2) the JBE declines to file a court action for the cause of action. (GC 4554)

Appears in 1 contract

Samples: Master Agreement

Competitively Bid Contracts; Antitrust Claims. If this Agreement resulted from a competitive bid, Contractor shall comply with the requirements of the Government Code sections set out below. Contractor shall assign to the 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, materialsMaterials, or services by Contractor for sale to the JBE pursuant to the bid. Such assignment shall be made and become effective at the time the JBE tenders final payment to the Contractor. (GC 4552) If the JBE receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the JBE any portion of the recovery, including treble damages, attributable to overcharges that were paid by the Contractor but were not paid by the JBE as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. (GC 4553) Upon demand in writing by the Contractor, the JBE shall, within one 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 (1) the JBE has not been injured thereby, or (2) the JBE declines to file a court action for the cause of action. (GC 4554)

Appears in 1 contract

Samples: Standard Agreement

Competitively Bid Contracts; Antitrust Claims. If this Master Agreement resulted from a competitive bid, Contractor shall comply with the requirements of the Government Code sections set out below. Contractor shall assign to the JBE JCC 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 JBE JCC pursuant to the bid. Such assignment shall be made and become effective at the time the JBE JCC tenders final payment to the Contractor. (GC 4552) If the JBE JCC receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the JBE JCC any portion of the recovery, including treble damages, attributable to overcharges that were paid by the Contractor but were not paid by the JBE JCC as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. (GC 4553) Upon demand in writing by the Contractor, the JBE Contractor JCC shall, within one 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 (1) the JBE JCC has not been injured thereby, or (2) the JBE JCC declines to file a court action for the cause of action. (GC 4554)

Appears in 1 contract

Samples: Services Agreements

Competitively Bid Contracts; Antitrust Claims. If this Master Agreement resulted from a competitive bid, Contractor shall comply with the requirements of the Government Code sections set out below. Contractor shall assign to the JBE Judicial Council 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 JBE Judicial Council pursuant to the bid. Such assignment shall be made and become effective at the time the JBE Judicial Council tenders final payment to the Contractor. (GC Government Code § 4552.) If the JBE Judicial Council receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the JBE Judicial Council any portion of the recovery, including treble damages, attributable to overcharges that were paid by the Contractor but were not paid by the JBE Judicial Council as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. (GC Government Code § 4553.) Upon demand in writing by Contractor the Contractor, the JBE Judicial Council shall, within one 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 (1) the JBE Judicial Council has not been injured thereby, or (2) the JBE Judicial Council declines to file a court action for the cause of action. (GC Government Code § 4554.)

Appears in 1 contract

Samples: Master Agreement

Competitively Bid Contracts; Antitrust Claims. If this Agreement resulted from a competitive bid, Contractor shall comply with the requirements of the Government Code sections set out below. Contractor shall assign to the JBE Court 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 JBE Court pursuant to the bid. Such assignment shall be made and become effective at the time the JBE Court tenders final payment to the Contractor. (GC 4552) If the JBE Court receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the JBE Court any portion of the recovery, including treble damages, attributable to overcharges that were paid by the Contractor but were not paid by the JBE Court as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. (GC 4553) Upon demand in writing by the Contractor, the JBE Court shall, within one 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 (1) the JBE Court has not been injured thereby, or (2) the JBE Court declines to file a court Court action for the cause of action. (GC 4554)

Appears in 1 contract

Samples: General Terms and Conditions

Competitively Bid Contracts; Antitrust Claims. If this Agreement resulted from a competitive bid, Contractor shall comply with the requirements of the Government Code sections set out below. . (a) Contractor shall assign to the 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 JBE pursuant to the bid. Such assignment shall be made and become effective at the time the JBE tenders final payment to the Contractor. (GC Govt. Code § 4552.) (b) If the JBE receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the JBE any portion of the recovery, including treble damages, attributable to overcharges that were paid by the Contractor but were not paid by the JBE as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. (GC 4553Govt. Code § 4553)‌ (c) Upon demand in writing by the Contractor, the JBE shall, within one 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 (1) the JBE has not been injured thereby, or (2) the JBE declines to file a court action for the cause of action. (GC Govt. Code § 4554)

Appears in 1 contract

Samples: Standard Agreement

Competitively Bid Contracts; Antitrust Claims. If this Agreement resulted from a competitive bid, Contractor shall comply with the requirements of the Government Code sections set out below. Contractor shall assign to the 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 JBE pursuant to the bidJBE. Such assignment shall be made and become effective at the time the JBE tenders final payment to the Contractor. (GC 4552) If the JBE receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the JBE any portion of the recovery, including treble damages, attributable to overcharges that were paid by the Contractor but were not paid by the JBE as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. (GC 4553) Upon demand in writing by the Contractor, the JBE shall, within one 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 (1) the JBE has not been injured thereby, or (2) the JBE declines to file a court action for the cause of action. (GC 4554)

Appears in 1 contract

Samples: Master Agreement

Competitively Bid Contracts; Antitrust Claims. If this Agreement resulted from a competitive bid, Contractor shall comply with the requirements of the Government Code sections set out below. . (a) Contractor shall assign to the 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 JBE pursuant to the bid. Such assignment shall be made and become effective at the time the JBE tenders tenders’ final payment to the Contractor. (GC 4552) (b) If the JBE receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the JBE any portion of the recovery, including treble damages, attributable to overcharges that were paid by the Contractor but were not paid by the JBE 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 JBE shall, within one 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 and (1) the JBE has not been injured thereby, or (2) the JBE declines to file a court action for the cause of action. (GC 4554)

Appears in 1 contract

Samples: Standard Agreement

Competitively Bid Contracts; Antitrust Claims. If this Agreement resulted from a competitive bid, Contractor shall comply with the requirements of the Government Code sections set out below. Contractor shall assign to the 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 JBE pursuant to the bid. Such assignment shall be made and become effective at the time the JBE tenders final payment to the Contractor. (GC Gov’t. Code § 4552) If the JBE receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the JBE any portion of the recovery, including treble damages, attributable to overcharges that were paid by the Contractor but were not paid by the JBE as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. (GC Gov’t. Code § 4553) Upon demand in writing by the Contractor, the JBE shall, within one 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 (1) the JBE has not been injured thereby, or (2) the JBE declines to file a court action for the cause of action. (GC Gov’t. Code § 4554)

Appears in 1 contract

Samples: Standard Agreement

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Competitively Bid Contracts; Antitrust Claims. If this Agreement resulted from a competitive bid, Contractor shall comply with the requirements of the Government Code sections set out below. . (a) Contractor shall assign to the JBE COURT 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 JBE COURT pursuant to the bid. Such assignment shall be made and become effective at the time the JBE COURT tenders final payment to the Contractor. (GC 4552) (b) If the JBE COURT receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the JBE COURT any portion of the recovery, including treble damages, attributable to overcharges that were paid by the Contractor but were not paid by the JBE COURT 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 JBE COURT shall, within one 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 (1) the JBE COURT has not been injured thereby, or (2) the JBE COURT declines to file a court action for the cause of action. (GC 4554)

Appears in 1 contract

Samples: Standard Agreement

Competitively Bid Contracts; Antitrust Claims. If this Agreement resulted from a competitive bid, this section applies: Contractor shall comply with the requirements of the Government Code sections set out below. : (a) Contractor shall assign to the JBE Court 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 JBE Court pursuant to the bid. Such assignment shall be made and become effective at the time the JBE Court tenders final payment to the Contractor. (GC 4552). (b) If the JBE Court receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the JBE Court any portion of the recovery, including treble damages, attributable to overcharges that were paid by the Contractor but were not paid by the JBE Court 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 JBE Court shall, within one 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 (1) the JBE Court has not been injured thereby, or (2) the JBE Court declines to file a court action for the cause of action. (GC 4554).

Appears in 1 contract

Samples: General Terms and Conditions

Competitively Bid Contracts; Antitrust Claims. If this Agreement resulted from a competitive bid, Contractor shall comply with the requirements of the Government Code sections set out below. Contractor shall assign to the JBE JCC 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 JBE JCC pursuant to the bid. Such assignment shall be made and become effective at the time the JBE JCC tenders final payment to the Contractor. (GC 4552) If the JBE JCC receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the JBE JCC any portion of the recovery, including treble damages, attributable to overcharges that were paid by the Contractor but were not paid by the JBE JCC as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. (GC 4553) Upon demand in writing by the Contractor, the JBE JCC shall, within one 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 (1) the JBE JCC has not been injured thereby, or (2) the JBE JCC declines to file a court action for the cause of action. (GC 4554)

Appears in 1 contract

Samples: Standard Agreement

Competitively Bid Contracts; Antitrust Claims. If this Agreement resulted from a competitive bid, Contractor shall comply with the requirements of the Government Code sections set out below. Contractor shall assign to the 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 JBE pursuant to the bid. Such assignment shall be made and become effective at the time the JBE tenders final payment to the Contractor. (GC 4552) ). If the JBE receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the JBE any portion of the recovery, including treble damages, attributable to overcharges that were paid by the Contractor but were not paid by the JBE as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. (GC 4553) ). Upon demand in writing by the Contractor, the JBE shall, within one 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 (1) the JBE has not been injured thereby, or (2) the JBE declines to file a court action for the cause of action. (GC 4554).

Appears in 1 contract

Samples: Standard Agreement

Competitively Bid Contracts; Antitrust Claims. If this Agreement resulted from a competitive bid, Contractor shall comply with the requirements of the Government Code sections set out below. . (a) Contractor shall assign to the JBE Judicial Council 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 frompurchases of goods, materials, or services by Contractor for sale to the JBE Judicial Council pursuant to the bid. Such assignment shall be made and become effective at the time the JBE tenders Judicial Counciltenders final payment to the Contractor. (GC 4552) (b) If the JBE receivesJudicial Councilreceives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the JBE fromthe Judicial Council any portion of the recovery, including treble damages, attributable to overcharges that were paid by the Contractor but were not paid by the JBE Judicial Council 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 JBE Judicial Council shall, within one year from such fromsuch 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 (1) the JBE has Judicial Councilhas not been injured thereby, or (2) the JBE Judicial Council declines to file a court action for the cause of action. (GC 4554)

Appears in 1 contract

Samples: Data Center Colocation Services

Competitively Bid Contracts; Antitrust Claims. If this Agreement resulted from a competitive bid, Contractor shall comply with the requirements of the Government Code sections set out below. . (a) Contractor shall assign to the 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 JBE pursuant to the bid. Such assignment shall be made and become effective at the time the JBE tenders final payment to the Contractor. (GC 4552) (b) If the JBE receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the JBE any portion of the recovery, including treble damages, attributable to overcharges that were paid by the Contractor but were not paid by the JBE as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. (GC 45534553)‌ (c) Upon demand in writing by the Contractor, the JBE shall, within one 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 (1) the JBE has not been injured thereby, or (2) the JBE declines to file a court action for the cause of action. (GC 4554)

Appears in 1 contract

Samples: Standard Agreement

Competitively Bid Contracts; Antitrust Claims. If this Agreement resulted from a competitive bid, Contractor shall comply with the requirements of the Government Code sections set out below. . (a) Contractor shall assign to the JBE Court 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 JBE Court pursuant to the bid. Such assignment shall be made and become effective at the time the JBE Court tenders final payment to the Contractor. (GC 4552) (b) If the JBE Court receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the JBE Court any portion of the recovery, including treble damages, attributable to overcharges that were paid by the Contractor but were not paid by the JBE Court 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 JBE Court shall, within one 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 (1) the JBE Court has not been injured thereby, or (2) the JBE Court declines to file a court action for the cause of action. (GC 4554)

Appears in 1 contract

Samples: General Terms and Conditions

Competitively Bid Contracts; Antitrust Claims. If Services or goods under this Agreement resulted from were obtained by means of a competitive bid, Contractor shall comply with the requirements of the Government Code sections set out below. . A. Contractor shall assign to the JBE 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 JBE AOC pursuant to the bid. Such assignment shall be made and become effective at the time the JBE AOC tenders final payment to the Contractor. (GC Government Code section 4552) .) B. If the JBE AOC receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the 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 JBE AOC as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. (GC Government Code section 4553) .) C. Upon demand in writing by the Contractor, the JBE AOC shall, within one 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 (1) the JBE AOC has not been injured thereby, or (2) the JBE AOC declines to file a court action for the cause of action. (GC Government Code section 4554.)

Appears in 1 contract

Samples: Actuarial Services Agreement

Competitively Bid Contracts; Antitrust Claims. If this Agreement resulted from a competitive bid, Contractor shall comply with the requirements of the Government Code sections set out below. . (a) Contractor shall assign to the JBE JCC 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 JBE JCC pursuant to the bid. Such assignment shall be made and become effective at the time the JBE JCC tenders final payment to the Contractor. (GC 4552) (b) If the JBE JCC receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the JBE JCC any portion of the recovery, including treble damages, attributable to overcharges that were paid by the Contractor but were not paid by the JBE JCC 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 JBE JCC shall, within one 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 (1) the JBE JCC has not been injured thereby, or (2) the JBE JCC declines to file a court action for the cause of action. (GC 4554)

Appears in 1 contract

Samples: Professional Services

Competitively Bid Contracts; Antitrust Claims. If this Agreement resulted from a competitive bid, Contractor shall comply with the requirements of the Government Code sections set out below. Contractor shall assign to the JBE Judicial Council 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 JBE Judicial Council pursuant to the bid. Such assignment shall be made and become effective at the time the JBE Judicial Council tenders final payment to the Contractor. (GC 4552) If the JBE Judicial Council receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the JBE Judicial Council any portion of the recovery, including treble damages, attributable to overcharges that were paid by the Contractor but were not paid by the JBE Judicial Council as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. (GC 4553) Upon demand in writing by the Contractor, the JBE Judicial Council shall, within one 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 (1) the JBE Judicial Council has not been injured thereby, or (2) the JBE Judicial Council declines to file a court action for the cause of action. (GC 4554)

Appears in 1 contract

Samples: Information Systems Security Outreach Program

Competitively Bid Contracts; Antitrust Claims. If this Agreement resulted from a competitive bid, Contractor shall comply with the requirements of the Government Code sections set out below. . (a) Contractor shall assign to the 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 JBE pursuant to the bid. Such assignment shall be made and become effective at the time the JBE tenders final payment to the Contractor. (GC Gov’t Code § 4552) (b) If the JBE receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the JBE any portion of the recovery, including treble damages, attributable to overcharges that were paid by the Contractor but were not paid by the JBE as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. (GC Gov’t Code § 4553) (c) Upon demand in writing by the Contractor, the JBE shall, within one 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 (1) the JBE has not been injured thereby, or (2) the JBE declines to file a court action for the cause of action. (GC Gov’t Code § 4554)

Appears in 1 contract

Samples: Standard Agreement

Competitively Bid Contracts; Antitrust Claims. If this Agreement resulted from a competitive bid, Contractor shall comply with the requirements of the Government Code sections set out below. . (a) Contractor shall assign to the 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 JBE pursuant to the bid. Such assignment shall be made and become effective at the time the JBE tenders final payment to the Contractor. (GC 4552) (b) If the JBE receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the JBE any portion of the recovery, including treble damages, attributable to overcharges that were paid by the Contractor but were not paid by the JBE 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 JBE shall, within one 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 (1) the JBE has not been injured thereby, or (2) the JBE declines to file a court action for the cause of action. (GC 4554)) 1 The form is located at xxxxx://xxx.xxxxxx.xx.xxx/documents/JBCM-Post-Contract-Certification-Form.docx

Appears in 1 contract

Samples: Standard Agreement

Competitively Bid Contracts; Antitrust Claims. If this Agreement resulted from a competitive bid, Contractor shall comply with the requirements of the Government Code sections set out below. . (a) Contractor shall assign to the JBE JCC 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 JBE JCC pursuant to the bid. Such assignment shall be made and become effective at the time the JBE JCC tenders final payment to the Contractor. (GC 4552) (b) If the JBE JCC receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the JBE JCC any portion of the recovery, including treble damages, attributable to overcharges that were paid by the Contractor but were not paid by the JBE JCC as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. (GC 45534553)‌ (c) Upon demand in writing by the Contractor, the JBE JCC shall, within one 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 (1) the JBE JCC has not been injured thereby, or (2) the JBE JCC declines to file a court action for the cause of action. (GC 4554)

Appears in 1 contract

Samples: Managed Service Desk Support

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