Common use of OVERALL FAIRNESS OF ADMINISTRATION Clause in Contracts

OVERALL FAIRNESS OF ADMINISTRATION. Despite a variety of minor disagreements, Xxxxxx Seco Consulting’s overall judgment is that PG&E’s administration of its protocols to arrive at a short list for the 2011 RPS RFO was fair, unbiased, consistent, and reasonable. Most disagreements between Xxxxxx and the PG&E team fall into the category of choices that Xxxxxx would have not made if it were administering the solicitation, but that Xxxxxx agrees are choices a reasonable person could make if that person had different priorities or emphases regarding the weights assigned to evaluation criteria. Xxxxxx believes that PG&E’s preferences and its choices are within the realm of “reasonable business judgment” that the CPUC allows IOUs to exercise in energy procurement.