Common use of Assignment Of Antitrust Actions Clause in Contracts

Assignment Of Antitrust Actions. Pursuant to Government Code Sections 4552, 4553, and 4554, the following provisions are incorporated herein: A. In submitting a bid to CalPERS, the supplier offers and agrees that if the bid is accepted, it will assign to CalPERS 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. 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 the supplier for sale to CalPERS pursuant to the solicitation. Such assignment shall be made and become effective at the time CalPERS tenders final payment to the supplier. B. If CalPERS receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from CalPERS any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by CalPERS as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. C. Upon demand in writing by the assignor, the assignee shall, within one (1) year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and: (i) The assignee has not been injured thereby; or, (ii) The assignee declines to file a court action for the cause of action.

Assignment Of Antitrust Actions. Pursuant to Government Code Sections 4552, 4553, and 4554, the following provisions are incorporated herein: A. a) In submitting a bid to CalPERS, the supplier offers and agrees that if the bid is accepted, it will assign to CalPERS 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. 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 the supplier for sale to CalPERS pursuant to the solicitation. Such assignment shall be made and become effective at the time CalPERS tenders final payment to the supplier. B. b) If CalPERS receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from CalPERS any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by CalPERS as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. C. c) Upon demand in writing by the assignor, the assignee shall, within one (1) year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and: and (i) The the assignee has not been injured thereby; or, , or (ii) The the assignee declines to file a court action for the cause of action.

Assignment Of Antitrust Actions. Pursuant to Government Code Sections 4552, 4553, and 4554, the following provisions are incorporated herein: A. a) In submitting a bid to CalPERSthe State, the supplier offers and agrees that if the bid is accepted, it will assign to CalPERS the State 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. 15) or under the ▇▇▇▇▇▇▇▇▇▇ Act (Chapter 2, commencing with Section 16700, of or Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, Deliverables or services Services by the supplier for of sale to CalPERS the State pursuant to the solicitation. Such assignment shall be made and become effective at the time CalPERS the State tenders final payment to the supplier. B. b) If CalPERS the State receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from CalPERS the State any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by CalPERS the State as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. C. c) Upon demand in writing by the assignor, the assignee shall, within one (1) year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and: (i) i. The assignee has not been injured thereby; , or, (ii) . The assignee declines to file a court action for the cause of action.

Assignment Of Antitrust Actions. Pursuant to Government Code Sections 4552, 4553, and 4554, the following provisions are incorporated herein: A. a) In submitting a bid quote to CalPERSthe State, the supplier offers and agrees that if the bid quote is accepted, it will assign to CalPERS the State 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. 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, materialsmaterial, or services by the supplier for sale to CalPERS the State pursuant to the solicitation. Such assignment shall be made and become effective at the time CalPERS the State tenders final payment to the supplier. B. b) If CalPERS the State receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from CalPERS the State any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by CalPERS the State as part of the bid quote price, less the expenses incurred in obtaining that portion of the recovery. C. c) Upon demand in writing by the assignor, the assignee shall, within one (1) year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and: (i) The assignee has not been injured thereby; , or, (ii) The assignee declines to file a court action for the cause of action.