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14.GOVERNING LAW: <br />This Agreement is governed by and shall be interpreted in accordance with the laws of the <br />State of California. <br />15.ANTITRUST CLAIMS: <br />The Grantee by signing this agreement hereby certifies that if these services or goods are <br />obtained by means of a competitive bid, the Grantee shall comply with the requirements of <br />the Government Codes Sections set out below. <br />a.The Government Code Chapter on Antitrust claims contains the following definitions: <br />(1)"Public purchase" means a purchase by means of competitive bids of <br />goods, services, or materials by the State or any of its political subdivisions <br />or public agencies on whose behalf the Attorney General may bring an <br />action pursuant to subdivision (c) of <br />Section 16750 of the Business and Professions Code. <br />(2)"Public purchasing body" means the State or the subdivision or agency <br />making a public purchase. Government Code Section 4550. <br />b.In submitting a bid to a public purchasing body, the bidder offers and agrees that if <br />the bid is accepted, it will assign to the purchasing body all rights, title, and interest in <br />and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. <br />Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of <br />Part 2 of Division 7 of the Business and Professions Code), arising from purchases of <br />goods, materials, or services by the bidder for sale to the purchasing body pursuant <br />to the bid. Such assignment shall be made and become effective at the time the <br />purchasing body tenders final payment to the bidder. Government Code Section <br />4552. <br />c.If an awarding body or public purchasing body receives, either through judgment or <br />settlement, a monetary recovery for a cause of action assigned under this chapter, <br />the assignor shall be entitled to receive reimbursement for actual legal costs incurred <br />and may, upon demand, recover from the public body any portion of the recovery, <br />including treble damages, attributable to overcharges that were paid by the assignor <br />but were not paid by the public body as part of the bid price, less the expenses <br />incurred in obtaining that portion of the recovery. Government Code Section 4553. <br />d.Upon demand in writing by the assignor, the assignee shall, within one year from <br />such demand, reassign the cause of action assigned under this part if the assignor <br />has been or may have been injured by the violation of law for which the cause of <br />action arose and (a) the assignee has not been injured thereby, or (b) the assignee <br />declines to file a court action for the cause of action. See Government Code Section <br />4554. <br />16.CHILD SUPPORT COMPLIANCE ACT: <br />For any Agreement in excess of $100,000, the Grantee acknowledges in accordance with <br />Public Contract Code 7110, that: <br />a.The Grantee recognizes the importance of child and family support obligations and <br />shall fully comply with all applicable state and federal laws relating to child and family <br />support enforcement, including, but not limited to, disclosure of information and <br />Date: 08/12/2022 Contract # C22S0624, City of San Leandro Marina, Surrendered and Abandoned Vessel <br />Exchange (SAVE) Fiscal Year 2022/2023 <br />__________________________________________________________________________ <br />Page: 21 of 4141