18-CDOTRM CDOT FORM - 0621 - Assignment of Antitrust Claims.pdf

COLORADO DEPARTMENT OF TRANSPORTATION

ASSIGNMENT OF ANTITRUST CLAIMS

PROJECT NO.

Date

DateBy2nd contractor's firm or company name. (If joint venture.)

ByContractor's firm or company name

Title

Title

CDOT Form #621 12/91

Contractor and Colorado Department of Transportation (CDOT) recognize that in actual economic practice antitrust violations ultimately impact on CDOT. Therefore, for good cause and as consideration for executing this contract and for receiving payments hereunder:

1. Contractor hereby irrevocably assigns to CDOT any and all claims it may now have or which may hereafter accrue to it under federal or state antitrust laws in connection with the particular project, goods or services purchased or acquired by CDOT pursuant to this contract.

2. Contractor hereby expressly agrees:

a. That, upon becoming aware that a third party has commenced a civil action asserting on Contractor's behalf an antitrust claim which has been assigned to CDOT hereunder, Contractor shall immediately advise in writing:

(1) Such third party that the antitrust claim has been assigned to CDOT, and

(2) CDOT that such civil action is pending and of the date on which, in accordance with subparagraph

a. (1) above, Contractor notified such third party that the antitrust claim had been assigned to CDOT;

b. To take no action which will in any way diminish the value of the claims or rights assigned or dedicated to CDOT hereunder; and

c. Promptly to pay over to CDOT its proper share of any payment under an antitrust claim brought on

Contractor's behalf by any third party and which claim has been assigned to CDOT hereunder.

3. Further, Contractor agrees that in the event it hires one or more subcontractors to perform any of its duties under the contract, Contractor shall require that each such subcontractor:

a. Irrevocably assign to CDOT (as a third party beneficiary) any and all claims that such subcontractor may have or which may thereafter accrue to the subcontractor under federal or state antitrust laws in connec-tion with any goods or services provided by the subcontractor in carrying out the subcontractor's obliga-tions to Contractor;

b. Upon becoming aware that a third party has commenced a civil action on the subcontractor's behalf asserting an antitrust claim which has been assigned to CDOT hereunder, shall immediately advise in writing:

(1) Such third party that the antitrust claim has been assigned to CDOT, and

(2) Contractor and CDOT that such civil action is pending and of the date on which, in accordance with subparagraph b. (1) above, the subcontractor notified such third party that the antitrust claim had been assigned to CDOT;

c. Take no action which will in any way diminish the value of the claims or rights assigned or dedicated to CDOT hereunder; and

d. Promptly pay over to CDOT its proper share of any payment under an antitrust claim brought on the subcontractor's behalf by any third party and which claim has been assigned or dedicated to CDOT pursuant hereto.

I, acting in my capacity as officer of a bidder (bidders if a joint venture) do agree to the above assignment of antitrust claims.