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check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central <br /> Time on the next business day following the award. If such Deposit is not received by that time, <br /> the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. <br /> The Deposit received from the purchaser, the amount of which will be deducted at settlement, <br /> will be deposited by the City and no interest will accrue to the purchaser. In the event the <br /> purchaser fails to comply with the accepted proposal, said amount will be retained by the City. <br /> AWARD <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. The City's computation of the interest rate of each proposal, in <br /> accordance with customary 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 /> If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment <br /> therefor at the option of the underwriter, the purchase of any such insurance policy or the <br /> issuance of any such commitment shall be at the sole option and expense of the purchaser of <br /> the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of <br /> insurance shall be paid by the purchaser, except that, if the City has requested and received a <br /> rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating <br /> agency fees shall be the responsibility of the purchaser. <br /> Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the <br /> purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on <br /> the Bonds. <br /> CUSIP NUMBERS <br /> If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the <br /> Bonds, but neither the failure to print such numbers on any Bond nor any error with respect <br /> thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the <br /> Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers <br /> shall be paid by the purchaser. <br /> SETTLEMENT <br /> Within 40 days following the date of their award, the Bonds will be delivered without cost to the <br /> purchaser through DTC in New York, New York. Delivery will be subject to receipt by the <br /> purchaser of an approving legal opinion of Briggs and Morgan, Professional Association, of <br /> Saint Paul and Minneapolis, Minnesota, and of customary closing papers, including a no- <br /> litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, <br /> or equivalent, funds that shall be received at the offices of the City or its designee not later than <br /> 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Bonds has <br /> been made impossible by action of the City, or its agents, the purchaser shall be liable to the <br /> City for any loss suffered by the City by reason of the purchaser's non-compliance with said <br /> terms for payment. <br /> A-4 <br />