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 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 Court pursuant to the bid. Such assignment shall be made and become effective at the time the Court tenders final payment to the Contractor. (GC 4552). If the 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 Court any portion of the recovery, including treble damages, attributable to overcharges that were paid by the Contractor but were not paid by the 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 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 Court has not been injured thereby, or (2) the Court declines to file a court action for the cause of action. (GC 4554).
Appears in 13 contracts
Samples: www.sb-court.org, www.sb-court.org, www.sb-court.org
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 Court 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 Court JBE pursuant to the bid. Such assignment shall be made and become effective at the time the Court JBE tenders final payment to the Contractor. (GC 4552). ) If the Court 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 Court JBE any portion of the recovery, including treble damages, attributable to overcharges that were paid by the Contractor but were not paid by the Court 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 Court 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 Court JBE has not been injured thereby, or (2) the Court JBE declines to file a court action for the cause of action. (GC 4554).
Appears in 9 contracts
Samples: Standard Agreement Agreement Number [Agreement, Standard Agreement Agreement, Standard Agreement 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: . Contractor shall assign to the Court 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 Court JUDICIAL COUNCIL pursuant to the bid. Such assignment shall be made and become effective at the time the Court JUDICIAL COUNCIL tenders final payment to the Contractor. (GC 4552). ) If the Court 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 Court 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 Court 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 Court 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 Court JUDICIAL COUNCIL has not been injured thereby, or (2) the Court JUDICIAL COUNCIL declines to file a court action for the cause of action. (GC 4554).
Appears in 2 contracts
Samples: Attachment 2, Standard Agreement Agreement
Competitively Bid Contracts; Antitrust Claims. If this Master 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 Court 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 Court Judicial Council pursuant to the bid. Such assignment shall be made and become effective at the time the Court Judicial Council tenders final payment to the Contractor. (GC Government Code § 4552). .) If the Court 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 Court 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 Court 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 Court 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 Court Judicial Council has not been injured thereby, or (2) the Court Judicial Council declines to file a court action for the cause of action. (GC Government Code § 4554.).
Appears in 1 contract
Samples: Master Agreement Agreement
Competitively Bid Contracts; Antitrust Claims. If this Master 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 Court 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 Court JCC pursuant to the bid. Such assignment shall be made and become effective at the time the Court JCC tenders final payment to the Contractor. (GC 4552). ) If the Court 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 Court JCC any portion of the recovery, including treble damages, attributable to overcharges that were paid by the Contractor but were not paid by the Court 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 Court 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 Court JCC has not been injured thereby, or (2) the Court JCC declines to file a court action for the cause of action. (GC 4554).
Appears in 1 contract
Samples: Agreement Number [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: . Contractor shall assign to the Court 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 Court JBE pursuant to the bid. Such assignment shall be made and become effective at the time the Court JBE tenders final payment to the Contractor. (GC 4552). If the Court 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 Court JBE any portion of the recovery, including treble damages, attributable to overcharges that were paid by the Contractor but were not paid by the Court 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 Court 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 Court JBE has not been injured thereby, or (2) the Court JBE declines to file a court action for the cause of action. (GC 4554).
Appears in 1 contract
Samples: Standard Agreement Agreement Number
Competitively Bid Contracts; Antitrust Claims. If this Agreement resulted from a competitive bid, this section applies: Contractor Consultant shall comply with the requirements of the Government Code sections set out below: Contractor . Consultant shall assign to the Court 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 Court Judicial Council pursuant to the bidproposal. Such assignment shall be made and become effective at the time the Court Judicial Council tenders final payment to the ContractorConsultant. (GC 4552). ) If the Court 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 Court 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 Court 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 Court 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 Court Judicial Council has not been injured thereby, or (2) the Court Judicial Council declines to file a court action for the cause of action. (GC 4554).
Appears in 1 contract
Samples: www.courts.ca.gov
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 Court 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 Court JBE pursuant to the bid. Such assignment shall be made and become effective at the time the Court JBE tenders final payment to the Contractor. (GC Gov’t. Code § 4552). ) If the Court 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 Court JBE any portion of the recovery, including treble damages, attributable to overcharges that were paid by the Contractor but were not paid by the Court 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 Court 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 Court JBE has not been injured thereby, or (2) the Court JBE declines to file a court action for the cause of action. (GC Gov’t. Code § 4554).
Appears in 1 contract
Samples: Attachment 2
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 Court 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 Court JCC pursuant to the bid. Such assignment shall be made and become effective at the time the Court JCC tenders final payment to the Contractor. (GC 4552). ) If the Court 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 Court JCC any portion of the recovery, including treble damages, attributable to overcharges that were paid by the Contractor but were not paid by the Court 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 Court 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 Court JCC has not been injured thereby, or (2) the Court JCC declines to file a court action for the cause of action. (GC 4554).
Appears in 1 contract
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 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 Court pursuant to the bid. Such assignment shall be made and become effective at the time the Court tenders final payment to the Contractor. (GC 4552). ) If the 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 Court any portion of the recovery, including treble damages, attributable to overcharges that were paid by the Contractor but were not paid by the 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 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 Court has not been injured thereby, or (2) the Court declines to file a court Court action for the cause of action. (GC 4554).
Appears in 1 contract
Samples: www.alameda.courts.ca.gov
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 Court 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 Court pursuant to the bidJBE. Such assignment shall be made and become effective at the time the Court JBE tenders final payment to the Contractor. (GC 4552). ) If the Court 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 Court JBE any portion of the recovery, including treble damages, attributable to overcharges that were paid by the Contractor but were not paid by the Court 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 Court 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 Court JBE has not been injured thereby, or (2) the Court JBE declines to file a court action for the cause of action. (GC 4554).
Appears in 1 contract
Samples: Master Agreement Agreement Number
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 Court 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 Court Judicial Council pursuant to the bid. Such assignment shall be made and become effective at the time the Court Judicial Council tenders final payment to the Contractor. (GC 4552). ) If the Court 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 Court 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 Court 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 Court 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 Court Judicial Council has not been injured thereby, or (2) the Court Judicial Council declines to file a court action for the cause of action. (GC 4554).
Appears in 1 contract
Samples: Standard Agreement Agreement