The Electricity (Competitive Tenders for Offshore Transmission Licences) Regulations 2010

2.  The conditions in this paragraph are that the developer has–

(a) provided information to the Authority’s satisfaction to enable the Authority to both issue an information memorandum and establish a data room;

(b) provided an undertaking in writing to the Authority that where the information provided in sub-paragraph (a) has changed, or where new relevant information becomes available, the developer shall provide that information to the Authority;

(c) provided a written warranty to the Authority, in a form reasonably acceptable to the Authority, that any information provided pursuant to sub-paragraph (a) or (b) is to the best of the knowledge and belief of the developer, having made reasonable enquiries, true, accurate and complete and is not misleading in all material respects;

(d) signed the confidentiality agreement;

(e) filled in the transfer agreement, as far as possible, with all relevant information available to the developer, and provided an undertaking in writing to the Authority to continue to fill in the transfer agreement with all relevant information;

(f) demonstrated to the Authority’s satisfaction that where the transmission assets are to be constructed in phases, the transmission assets in respect of each phase can be separately transferred to the successful bidder once those assets are available for use for the transmission of electricity;

(g) provided an undertaking in writing to the Authority that in the event that the developer decides to participate in any stage of a tender exercise as a bidder, qualifying bidder or bidder group in respect of a qualifying project for which it is the developer, to put in place and maintain appropriate internal information barriers to the satisfaction of the Authority, in order to prevent information passing between the developer and the bidder, qualifying bidder or bidder group, as the case may be;

(h) provided an undertaking in writing to the Authority to respond to all queries from the Authority within a reasonable period, whether arising from the Authority or forwarded by the Authority on behalf of a third party; and

(i) complied with such other conditions as the Authority may determine are necessary in relation to that particular transitional tender exercise.