Antitrust Claims. If this Agreement resulted from a competitive solicitation, this section is applicable. 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 ▇▇▇▇▇▇▇ Act (15 U.S.C. Sec. 15) or under the ▇▇▇▇▇▇▇▇▇▇ 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. Such assignment shall be made and become effective at the time the JBE tenders final payment to Contractor. If the JBE receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this section, Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the JBE any portion of the recovery, including treble damages, attributable to overcharges that were paid by 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. Upon demand in writing by Contractor, the JBE shall, within one (1) year from such demand, reassign the cause of action assigned under this part if Contractor has been or may have been injured by the violation of law for which the cause of action arose and (a) the JBE has not been injured thereby, or (b) the JBE declines to file a court action for the cause of action.
Appears in 111 contracts
Sources: Standard Agreement, Standard Agreement, Subject Matter Expertise Agreement
Antitrust Claims. If this Agreement resulted from a competitive solicitation, this section is applicable. Contractor shall assign to the applicable JBE all rights, title, and interest in and to all causes of action it may have under Section 4 of the ▇▇▇▇▇▇▇ Act (15 U.S.C. Sec. 15) or under the ▇▇▇▇▇▇▇▇▇▇ 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. Such assignment shall be made and become effective at the time the JBE tenders final payment to Contractor. If the JBE receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this section, Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the JBE any portion of the recovery, including treble damages, attributable to overcharges that were paid by 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. Upon demand in writing by Contractor, the JBE shall, within one (1) year from such demand, reassign the cause of action assigned under this part if Contractor has been or may have been injured by the violation of law for which the cause of action arose and (a) the JBE has not been injured thereby, or (b) the JBE declines to file a court action for the cause of action.
Appears in 50 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
Antitrust Claims. If this Agreement resulted from a competitive solicitation, this section is applicable. 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 ▇▇▇▇▇▇▇ Act (15 U.S.C. Sec. 15) or under the ▇▇▇▇▇▇▇▇▇▇ 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 JBEAOC. Such assignment shall be made and become effective at the time the JBE AOC tenders final payment to the Contractor. If the JBE AOC receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this section, the Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the 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. Upon demand in writing by the Contractor, the JBE AOC shall, within one (1) year from such demand, reassign the cause of action assigned under this part if the Contractor has been or may have been injured by the violation of law for which the cause of action arose and (a) the JBE AOC has not been injured thereby, or (b) the JBE AOC declines to file a court action for the cause of action.
Appears in 40 contracts
Sources: Hotel and Conference Services Agreement, Hotel and Conference Services Agreement, Hotel and Conference Services Agreement
Antitrust Claims. If this Agreement resulted from a competitive solicitation, this section is applicable. Contractor shall assign to the applicable JBE all rights, title, and interest in and to all causes of action it may have under Section 4 of the ▇▇▇▇▇▇▇ Act (15 U.S.C. Sec. 15) or under the ▇▇▇▇▇▇▇▇▇▇ 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. Such assignment shall be made and become effective at the time the JBE tenders tender’s final payment to Contractor. If the JBE receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this section, Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the JBE any portion of the recovery, including treble damages, attributable to overcharges that were paid by 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. Upon demand in writing by Contractor, the JBE shall, within one (1) year from such demand, reassign the cause of action assigned under this part if Contractor has been or may have been injured by the violation of law for which the cause of action arose and (a) the JBE has not been injured thereby, or (b) the JBE declines to file a court action for the cause of action.
Appears in 26 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
Antitrust Claims. If this Agreement resulted from a competitive solicitation, this section is applicable. 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 ▇▇▇▇▇▇▇ Act (15 U.S.C. Sec. 15) or under the ▇▇▇▇▇▇▇▇▇▇ 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. Such assignment shall be made and become effective at the time the JBE tenders final payment to Contractor. If the JBE receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this section, Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the JBE any portion of the recovery, including treble damages, attributable to overcharges that were paid by 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. Upon demand in writing by Contractor, the JBE shall, within one (1) year from such demand, reassign the cause of action assigned under this part if Contractor has been or may have been injured by the violation of law for which the cause of action arose and (a) the JBE has not been injured thereby, or (b) the JBE declines to file a court action for the cause of action.
Appears in 23 contracts
Sources: Standard Agreement, Standard Agreement, Standard Agreement
Antitrust Claims. If this Agreement resulted from a competitive solicitation, this section is applicable. 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 ▇▇▇▇▇▇▇ Act (15 U.S.C. Sec. 15) or under the ▇▇▇▇▇▇▇▇▇▇ 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 JBECourt. Such assignment shall be made and become effective at the time the JBE Court tenders final payment to Contractor. If the JBE Court receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this section, Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the JBE Court any portion of the recovery, including treble damages, attributable to overcharges that were paid by 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. Upon demand in writing by Contractor, the JBE Court shall, within one (1) year from such demand, reassign the cause of action assigned under this part if Contractor has been or may have been injured by the violation of law for which the cause of action arose and (a) the JBE Court has not been injured thereby, or (b) the JBE Court declines to file a court action for the cause of action.
Appears in 16 contracts
Sources: Standard Agreement, Standard Agreement, Unarmed Security Services Agreement
Antitrust Claims. If this Agreement resulted from a competitive solicitation, this section is applicable. 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 ▇▇▇▇▇▇▇ Act (15 U.S.C. Sec. 15) or under the ▇▇▇▇▇▇▇▇▇▇ 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 JBEAOC. Such assignment shall be made and become effective at the time the JBE AOC tenders final payment to the Contractor. If the JBE AOC receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this section, the Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the 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. Upon demand in writing by the Contractor, the JBE AOC shall, within one (1) year from such demand, reassign the cause of action assigned under this part if the Contractor has been or may have been injured by the Judicial Council of California, Administrative Office of the Courts Standard Agreement No. @Agreement Number with @Contractor Name violation of law for which the cause of action arose and (a) the JBE AOC has not been injured thereby, or (b) the JBE AOC declines to file a court action for the cause of action.
Appears in 8 contracts
Sources: Hotel and Conference Services Agreement, Standard Agreement for Hotel and Conference Services, Standard Agreement for Hotel and Conference Services
Antitrust Claims. If this Agreement resulted from a competitive solicitation, this section is applicable. Contractor shall assign to the JBE applicable Participating Entity all rights, title, and interest in and to all causes of action it may have under Section 4 of the ▇▇▇▇▇▇▇ Act (15 U.S.C. Sec. 15) or under the ▇▇▇▇▇▇▇▇▇▇ 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 JBEParticipating Entity. Such assignment shall be made and become effective at the time the JBE Participating Entity tenders final payment to Contractor. If the JBE Participating Entity receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this section, Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the JBE Participating Entity any portion of the recovery, including treble damages, attributable to overcharges that were paid by Contractor but were not paid by the JBE Participating Entity as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Upon demand in writing by Contractor, the JBE Participating Entity shall, within one (1) year from such demand, reassign the cause of action assigned under this part if Contractor has been or may have been injured by the violation of law for which the cause of action arose and (a) the JBE Participating Entity has not been injured thereby, or (b) the JBE Participating Entity declines to file a court action for the cause of action.
Appears in 6 contracts
Sources: Master Agreement for Collections Services, Services Agreement, Services Agreement
Antitrust Claims. If this Agreement resulted from a competitive solicitation, this section is applicable. Contractor shall assign to the Judicial Council or applicable JBE all rights, title, and interest in and to all causes of action it may have under Section 4 of the ▇▇▇▇▇▇▇ Act (15 U.S.C. Sec. 15) or under the ▇▇▇▇▇▇▇▇▇▇ Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by Contractor for sale to the Judicial Council or JBE. Such assignment shall be made and become effective at the time the Judicial Council or JBE tenders final payment to Contractor. If the Judicial Council or JBE receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this section, Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the Judicial Council or JBE any portion of the recovery, including treble damages, attributable to overcharges that were paid by Contractor but were not paid by the Judicial Council or JBE as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Upon demand in writing by Contractor, the Judicial Council or JBE shall, within one (1) year from such demand, reassign the cause of action assigned under this part if Contractor has been or may have been injured by the violation of law for which the cause of action arose and (a) the Judicial Council or JBE has not been injured thereby, or (b) the Judicial Council or JBE declines to file a court action for the cause of action.
Appears in 4 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
Antitrust Claims. If this Agreement resulted from a competitive solicitation, this section is applicable. 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 ▇▇▇▇▇▇▇ Act (15 U.S.C. Sec. 15) or under the ▇▇▇▇▇▇▇▇▇▇ 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 JBEJCC. Such assignment shall be made and become effective at the time the JBE JCC tenders final payment to Contractor. If the JBE JCC receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this section, Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the JBE JCC any portion of the recovery, including treble damages, attributable to overcharges that were paid by 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. Upon demand in writing by Contractor, the JBE JCC shall, within one (1) year from such demand, reassign the cause of action assigned under this part if Contractor has been or may have been injured by the violation of law for which the cause of action arose and (a) the JBE JCC has not been injured thereby, or (b) the JBE JCC declines to file a court action for the cause of action.
Appears in 4 contracts
Sources: Standard Agreement, Standard Agreement, Consulting Agreement
Antitrust Claims. If this Agreement resulted from a competitive solicitation, this section is applicable. Contractor shall assign to the applicable JBE all rights, title, and interest in and to all causes of action it may have under Section section 4 of the ▇▇▇▇▇▇▇ Act (15 U.S.C. Sec. 15) or under the ▇▇▇▇▇▇▇▇▇▇ 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. Such assignment shall be made and become effective at the time the JBE tenders final payment to Contractor. If the JBE receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this section, Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the JBE any portion of the recovery, including treble damages, attributable to overcharges that were paid by 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. Upon demand in writing by Contractor, the JBE shall, within one (1) year from such demand, reassign the cause of action assigned under this part if Contractor has been or may have been injured by the violation of law for which the cause of action arose and (a) the JBE has not been injured thereby, or (b) the JBE declines to file a court action for the cause of action.
Appears in 3 contracts
Sources: Master Agreement for Services, Master Agreement, Master Agreement for Services
Antitrust Claims. If this Agreement resulted from a competitive solicitation, this section is applicable. 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 section 4 of the ▇▇▇▇▇▇▇ Act (15 U.S.C. Sec. 15) or under the ▇▇▇▇▇▇▇▇▇▇ Act (Chapter 2 (commencing with Section section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by Contractor for sale to the JBECourt. 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 sectionSection, 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 (1) year from such demand, reassign the cause of action assigned under this part if the Contractor has been or may have been injured by the violation of law for which the cause of action arose and (a) the JBE Court has not been injured thereby, or (b) the JBE Court declines to file a court Court action for the cause of action.. (GC 4554)
Appears in 2 contracts
Sources: Court Standard Terms and Conditions, Court Standard Terms and Conditions
Antitrust Claims. If this Agreement resulted from a competitive solicitation, this section is applicable. 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 section 4 of the ▇▇▇▇▇▇▇ Act (15 U.S.C. Sec. 15) or under the ▇▇▇▇▇▇▇▇▇▇ Act (Chapter 2 (commencing with Section section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by Contractor for sale to the JBEAOC. Such assignment shall be made and become effective at the time the JBE AOC tenders final payment to the Contractor. (GC 4552)
B. If the JBE AOC receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this sectionSection, the Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the 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 4553)
C. Upon demand in writing by the Contractor, the JBE AOC shall, within one (1) year from such demand, reassign the cause of action assigned under this part if the Contractor has been or may have been injured by the violation of law for which the cause of action arose and (a) the JBE AOC has not been injured thereby, or (b) the JBE AOC declines to file a court action for the cause of action.. (GC 4554)
Appears in 2 contracts
Sources: Hotel and Conference Services Agreement, Hotel and Conference Services Agreement
Antitrust Claims. If goods under this Agreement resulted from were obtained by means of a competitive solicitationbid, this section is applicableContractor shall comply with the requirements of Government Code sections set out below. Contractor shall assign to the JBE JBEs all rights, title, and interest in and to all causes of action it may have under Section 4 of the ▇▇▇▇▇▇▇ Act (15 U.S.C. U.S.C Sec. 15) or under the ▇▇▇▇▇▇▇▇▇▇ Act (Chapter 2 (2, commencing with Section 16700) 16700 of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services goods by Contractor for sale to the JBEJBE 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 sectionchapter, 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 (1) year from such demand, reassign the cause of action assigned under this part if the Contractor has been or may have been injured by the violation of law for which the cause of action arose and (a1) the JBE has not been injured thereby, or (b2) the JBE declines to file a court action for the cause of action.. (GC 4554)
Appears in 1 contract
Sources: Master Agreement for Statewide Office Supplies, Paper and Toner
Antitrust Claims. If this Agreement resulted from a competitive solicitation, this section is applicable. 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 ▇▇▇▇▇▇▇ Act (15 U.S.C. Sec. 15) or under the ▇▇▇▇▇▇▇▇▇▇ 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. Such assignment shall be made and become effective at the time the JBE tenders final payment to Contractor. If the JBE receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this section, Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the JBE any portion of the recovery, including treble damages, attributable to overcharges that were paid by 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. Upon demand in writing by Contractor, the JBE shall, within one (1) year from such demand, reassign the cause of action assigned under this part if Contractor has been or may have been injured by the violation of law for which the cause of action arose and and
(a) the JBE has not been injured thereby, or (b) the JBE declines to file a court action for the cause of action.
Appears in 1 contract
Sources: Courier Service Agreement
Antitrust Claims. If this Agreement resulted from a competitive solicitation, this section is applicable. 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 ▇▇▇▇▇▇▇ Act (15 U.S.C. Sec. 15) or under the ▇▇▇▇▇▇▇▇▇▇ 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. Such assignment shall be made and become effective at the time the JBE tenders final payment to Contractor. If the JBE receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this section, Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the JBE any portion of the recovery, including treble damages, attributable to overcharges that were paid by 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. Upon demand in writing by Contractor, the JBE shall, within one (1) year from such demand, reassign the cause of action assigned under this part if Contractor has been or may have been injured by the violation of law for which the cause of action arose and (a) the JBE has not been injured thereby, or (b) the JBE declines to file a court action for the cause of action.
Appears in 1 contract
Sources: Janitorial Services Agreement
Antitrust Claims. If this Agreement resulted from a competitive solicitation, this section is applicable. 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 ▇▇▇▇▇▇▇ Act (15 U.S.C. Sec. 15) or under the ▇▇▇▇▇▇▇▇▇▇ 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. Such assignment shall be made and become effective at the time the JBE tenders final payment to Contractor. If the JBE receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this section, Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the JBE any portion of the recovery, including treble damages, attributable to overcharges that were paid by 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. Upon demand in writing by Contractor, the JBE shall, within one one
(1) year from such demand, reassign the cause of action assigned under this part if Contractor has been or may have been injured by the violation of law for which the cause of action arose and (a) the JBE has not been injured thereby, or (b) the JBE declines to file a court action for the cause of action.
Appears in 1 contract
Sources: Contract Agreement
Antitrust Claims. If this Agreement resulted Agreementresulted from a competitive solicitation, this section is applicable. 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 ▇▇▇▇▇▇▇ Act (15 U.S.C. Sec. 15) or under the ▇▇▇▇▇▇▇▇▇▇ 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. Such assignment shall be made ma de and become effective at the time the JBE tenders final payment to Contractor. If the JBE receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this section, Contractor shall be entitled to receive reimbursement for reimbursementfor actual legal lega l 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 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. Upon demand in writing by Contractor, the JBE shall, within one (1) year from such demand, reassign the cause of action assigned under this part if Contractor has been or may have been injured by the violation theviolation of law for which the cause of action arose and (a) the JBE has not been injured thereby, or (b) the JBE declines to file a court action for the cause of action.
Appears in 1 contract
Sources: Standard Agreement
Antitrust Claims. If this Agreement resulted from a competitive solicitation, this section is applicable. Contractor shall assign to the applicable JBE all rights, title, and interest in and to all causes of action it may have under Section 4 of the ▇▇▇▇▇▇▇ Act (15 U.S.C. Sec. 15) or under the ▇▇▇▇▇▇▇▇▇▇ 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. Such assignment shall be made and become effective at the time the JBE tenders final payment to Contractor. If the JBE receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this section, Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the JBE any portion of the recovery, including treble damages, attributable to overcharges that were paid by 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. Upon demand in writing by Contractor, the JBE shall, within one (1) year from such demand, reassign the cause of action assigned under this part if Contractor has been or may have been injured by the violation of law for which the cause of action arose and (a) the JBE has not been injured thereby, or (b) the JBE declines to file a court action for the cause of action.
Appears in 1 contract
Sources: Master Agreement
Antitrust Claims. If this Agreement resulted from a competitive solicitation, this section is applicable. Contractor shall assign to the JBE Supreme Court all rights, title, and interest in and to all causes of action it may have under Section 4 of the ▇▇▇▇▇▇▇ Act (15 U.S.C. Sec. 15) or under the ▇▇▇▇▇▇▇▇▇▇ 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 JBESupreme Court. Such assignment shall be made and become effective at the time the JBE Supreme Court tenders final payment to Contractor. If the JBE Supreme Court receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this section, Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the JBE Supreme Court any portion of the recovery, including treble damages, attributable to overcharges that were paid by Contractor but were not paid by the JBE Supreme Court as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Upon demand in writing by Contractor, the JBE Supreme Court shall, within one (1) year from such demand, reassign the cause of action assigned under this part if Contractor has been or may have been injured by the violation of law for which the cause of action arose and (a) the JBE Supreme Court has not been injured thereby, or (b) the JBE Supreme Court declines to file a court action for the cause of action.
Appears in 1 contract
Sources: Standard Agreement
Antitrust Claims. If goods under this Agreement resulted from were obtained by means of a competitive solicitationbid, this section is applicableContractor shall comply with the requirements of Government Code sections set out below. Contractor shall assign to the JBE JBEs all rights, title, and interest in and to all causes of action it may have under Section 4 of the ▇▇▇▇▇▇▇ Act (15 U.S.C. U.S.C Sec. 15) or under the ▇▇▇▇▇▇▇▇▇▇ Act (Chapter 2 (2, commencing with Section 16700) 16700 of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services goods by Contractor for sale to the JBEJBE 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 sectionchapter, 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 (1) year from such demand, reassign the cause of action assigned under this part if the Contractor has been or may have been injured by the violation of law for which the cause of action arose and (a1) the JBE has not been injured thereby, or (b2) the JBE declines to file a court action for the cause of action.. (GC 4554)
Appears in 1 contract
Sources: Master Agreement for Statewide Office Supplies, Paper and Toner
Antitrust Claims. If this Agreement resulted from a competitive solicitation, this section is applicable. A. Contractor shall assign to the JBE JBE/AOC all rights, title, and interest in and to all causes of action it may have under Section section 4 of the ▇▇▇▇▇▇▇ Act (15 U.S.C. Sec. 15) or under the ▇▇▇▇▇▇▇▇▇▇ Act (Chapter 2 (commencing with Section section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by Contractor for sale to the JBE/AOC. Such assignment shall be made and become effective at the time the JBE JBE/AOC tenders final payment to the Contractor. (GC 4552)
B. If the JBE JBE/AOC receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this sectionSection, the Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the JBE 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 JBE/AOC as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. (GC 4553)
C. Upon demand in writing by the Contractor, the JBE JBE/AOC shall, within one (1) year from such demand, reassign the cause of action assigned under this part if the Contractor has been or may have been injured by the violation of law for which the cause of action arose and (a) the JBE JBE/AOC has not been injured thereby, or (b) the JBE JBE/AOC declines to file a court action for the cause of action.. (GC 4554)
Appears in 1 contract
Antitrust Claims. If this Agreement resulted from a competitive solicitation, this section is applicable. Contractor shall assign to the JBE JCC all rights, title, and interest in and to all causes of action it may have under Section 4 of the ▇▇▇▇▇▇▇ Act (15 U.S.C. Sec. 15) or under the ▇▇▇▇▇▇▇▇▇▇ 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 JBEJCC. Such assignment shall be made and become effective at the time the JBE JCC tenders final payment to Contractor. If the JBE JCC receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this section, Contractor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the JBE JCC any portion of the recovery, including treble damages, attributable to overcharges that were paid by 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. Upon demand in writing by Contractor, the JBE JCC shall, within one (1) year from such demand, reassign the cause of action assigned under this part if Contractor has been or may have been injured by the violation of law for which the cause of action arose and (a) the JBE JCC has not been injured thereby, or (b) the JBE JCC declines to file a court action for the cause of action.
Appears in 1 contract
Sources: Standard Agreement
Antitrust Claims. If this Agreement resulted from a competitive solicitation, this section is applicable. Contractor Seller shall assign to the JBE Buyer all rights, title, and interest in and to all causes of action it may have under Section 4 of the ▇▇▇▇▇▇▇ Act (15 U.S.C. Sec. 15) or under the ▇▇▇▇▇▇▇▇▇▇ 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 Seller for sale to the JBEBuyer. Such assignment shall be made and become effective at the time the JBE Buyer tenders final payment to ContractorContractor Seller. If the JBE Buyer receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this section, Contractor Seller shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the JBE Buyer any portion of the recovery, including treble damages, attributable to overcharges that were paid by Contractor Seller but were not paid by the JBE Buyer as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Upon demand in writing by ContractorContractor Seller, the JBE Buyer shall, within one (1) year from such demand, reassign the cause of action assigned under this part if Contractor Seller has been or may have been injured by the violation of law for which the cause of action arose and (a) the JBE Buyer has not been injured thereby, or (b) the JBE Buyer declines to file a court action for the cause of action.. [Revised on 02/01/2022]
Appears in 1 contract