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112. If, in relation to an applicant which is qualified to bid or a bidder, OFCOM are satisfied that any of the events set out in regulation 115 are occurring (or have occurred) and that the occurrence would materially affect the outcome of the award process or would affect that bidder’s 2.3 GHz bid limit or overall bid constraint—
(a)any sum paid as a deposit under these Regulations shall be forfeited (together with any interest which has accrued on the deposit) by, and not refunded to, the applicant or bidder concerned; and
(b)that applicant or bidder may also be excluded from the award process by OFCOM giving that applicant or bidder notice in writing.
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