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If a Participant’s Initial Offer is not shortlisted, are there any circumstances under which that Participant might forfeit its Offer Deposit?

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If a Participant’s Initial Offer is not shortlisted, are there any circumstances under which that Participant might forfeit its Offer Deposit?

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As stated in the Section VI.C of the RFO, “the Participant will forfeit the Offer Deposit in its entirety under the following conditions: a. Participant’s withdrawal of the Offer other than a result of its no longer being binding as required by Section VI.A. of this RFO; b. Any material misrepresentation of pricing or other information knowingly submitted by Participant.” 21) Is a Participant subject to forfeiting its Offer Deposit if, after its Initial Offer is shortlisted, it experiences a change in circumstances or discovers new information that results in the submittal of a Final Offer with a higher price than the Initial Offer? (12-2-04) Participant would be subject to forfeiting its Offer Deposit if the lower price in the Initial Offer were a “material misrepresentation of pricing or other information knowingly submitted by Participant.” PG&E recognizes that as offers become more refined during development of Final Offers, pricing may be affected. Participants should remain aware

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