Common use of Assignment Of Antitrust Actions Clause in Contracts

Assignment Of Antitrust Actions. The following provision of Government Code Section 4552, 4553, and 4554 (Statutes of ▇▇▇▇, ▇▇. 414) will be applicable to the Contractor: (i) In submitting a bid to the AOC, the supplier offers and agrees that if the bid is accepted, it will assign to the AOC of California 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, material or services by the supplier for sale to the AOC of California pursuant to the solicitation. Such assignment will be made and become effective at thee time the AOC of California tenders final payment to the supplier. (ii) If the AOC receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor will be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the AOC any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the AOC of California as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Upon demand in writing by the assignor, the assignee will, within one 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 (a) the assignee has not been injured thereby, or

Assignment Of Antitrust Actions. The following provision provisions of California Government Code Section Sections 4552, 4553, and 4554 (Statutes of ▇▇▇▇1978, ▇▇Ch. 414) will be applicable to the Contractor: (i) Vendor: In submitting a bid to the AOCState of California, the supplier offers and agrees that if the bid is accepted, it will assign to the AOC State of California 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, material or services by the supplier for sale to the AOC State of California pursuant to the solicitation. Such assignment will be made and become effective at thee the time the AOC State of California tenders final payment to the supplier. (ii) ; If the AOC State of California receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor will be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the AOC State of California any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the AOC State of California as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. ; Upon demand in writing by the assignor, the assignee will, within one 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 (a) the assignee has not been injured thereby, oror (b) the assignee declines to file a court action for the cause of action.