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23.12.2020

Question:  In a situation when in the course of negotiations conducted by ZMPSiŚ S.A. with a Participant in the Proceedings invited to 2nd stage of the Proceedings it would turn out that the parties fail to agree on the terms of the Preliminary Agreement or other issues subject to these negotiations, will the Participant of the Proceedings with whom these negotiations are conducted, receive a refund of the Offer Deposit?

Answer: In the event that, in the course of negotiations conducted with a Participant in the Proceedings invited to 2nd stage of the Proceedings, an objective assessment of the situation leads to the conclusion that it is unlikely that the parties will agree on the terms of the Preliminary Agreement, the Final Agreement or other terms and conditions of the Project being the subject matter of those negotiations, the only reasonable behaviour on the part of ZMPSiŚ S.A. will be to adopt a resolution on terminating the currently conducted negotiations with a Participant in the Proceedings invited to participate in stage II of the Proceedings and eliminating that Participant from further participation in the Proceedings (point XI.9 and point XI.10 of the Procedure). The immediate result of the situation described in the preceding sentence shall be the refund of the Offer Deposit, paid by the Participant in the Proceedings eliminated from further participation in the Proceedings in accordance with point XIV.5 of the Procedure, within 10 days from the date of adopting a resolution in accordance with point XI.10 of the Procedure to conclude current negotiations with the relevant Participant in the Proceedings invited to participate in 2nd stage of the Proceedings and to eliminate such Participant from further participation in the Proceedings.