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delivery of its Deposit, and neither the City nor Baker Tilly MA have any liability for delays in <br />the receipt of the Deposit. If the Deposit is not received by the specified time, the City may, at <br />its sole discretion, reject the proposal of the lowest bidder, direct the second lowest bidder to <br />submit a Deposit, and thereafter award the sale to such bidder. <br />A Deposit will be considered timely delivered to the City upon submission of a federal wire <br />reference number by the specified time. Wire transfer instructions will be available from Baker <br />Tilly MA following the receipt and tabulation of proposals. The successful bidder must send an <br />e-mail including the following information: (i) the federal reference number and time released; <br />(ii) the amount of the wire transfer; and (iii) the issue to which it applies. <br />Once an award has been made, the Deposit received from the Purchaser will be retained by the <br />City and no interest will accrue to the Purchaser. The amount of the Deposit will be deducted at <br />settlement from the purchase price. In the event the Purchaser fails to comply with the accepted <br />proposal, said amount will be retained by the City. <br />The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true <br />interest cost (TIC) basis calculated on the proposal prior to any adjustment made by the City. <br />The City's computation of the interest rate of each proposal, in accordance with customary <br />practice, will be controlling. <br />The City will reserve the right to: (i) waive non -substantive informalities of any proposal or of <br />matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals <br />without cause, and (iii) reject any proposal that the City determines to have failed to comply with <br />the terms herein. <br />BOND INSURANCE AT PURCHASER'S OPTION <br />The City has not applied for or pre -approved a commitment for any policy of municipal bond <br />insurance with respect to the Bonds. If the Bonds qualify for municipal bond insurance and a <br />bidder desires to purchase a policy, such indication, the maturities to be insured, and the name of <br />the desired insurer must be set forth on the bidder's proposal. The City specifically reserves the <br />right to reject any bid specifying municipal bond insurance, even though such bid may result in <br />the lowest TIC to the City. All costs associated with the issuance and administration of such <br />policy and associated ratings and expenses (other than any independent rating requested by the <br />City) shall be paid by the successful bidder. Failure of the municipal bond insurer to issue the <br />policy after the award of the Bonds shall not constitute cause for failure or refusal by the <br />successful bidder to accept delivery of the Bonds. <br />CUSIP NUMBERS <br />If the Bonds qualify for the assignment of CUSIP numbers such numbers will be printed on the <br />Bonds; however, neither the failure to print such numbers on any Bond nor any error with <br />respect thereto will constitute cause for failure or refusal by the Purchaser to accept delivery of <br />the Bonds. Baker Tilly MA will apply for CUSIP numbers pursuant to Rule G-34 implemented <br />by the Municipal Securities Rulemaking Board. The CUSIP Service Bureau charge for the <br />assignment of CUSIP identification numbers shall be paid by the Purchaser. <br />5 <br />13569209v1 <br />