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~cto~e~ l~ 1985 <br /> <br />interest from the date of the Bonds to the date of their <br />delivery. The right is reserved to reject any and all bids <br />and to waive irregularities or informalities in any bid. <br /> <br /> Proposals must be unconditional, must be on the City's <br />proposal form prepared for the purpose, must be submitted in <br />sealed enVelopes marked "Proposal for City of Portsmouth, <br />Virginia, Bonds" addressed to the undersigned and must be <br />accompanied by a certified or bank cashier's check in the <br />amount of $600,000 payable to the order of the City of <br />Portsmouth, Virginia, as a guarantee of good faith on the part <br />of the bidder. No interest will be paid by the City on such <br />good faith deposit. Good faith checks of unsuccessful bidders <br />will be promptly returned to the representatives thereof. The <br />good faith Oheck of the successful bidder will be:deposited by <br />the City and the proceeds thereof credited against the <br />purchase price due for the Bonds upon their delivery or <br />retained as and for liquidated damages in the event the <br />successful bidder fails to take up and pay for the Bonds in <br />accordance With its bid. <br /> <br /> The Bonds will be printed at the expense of the City. <br />Delivery of~the Bonds, properly executed, and the~usu~l <br />closing papers, including a certificate that no litigation is <br />pending affecting the validitylof the Bonds, will be made to <br />the successful bidder in New York, New York, on November 20, <br />1985, or as soon thereafter as the Bonds may be prepared. <br />Payment of the balance off'he purchase price, including any <br />premium offered, must be made in Federal Funds. <br /> <br /> The successful bidder shall deliver written instructions <br />to the Registrar, not less than five business days prior to <br />the scheduled delivery of the Bonds, as to the manner in which <br />the Bonds shall be registered at delivery, including the name <br />and address of each registered holder and, if a single <br />registered holder shall require more than one Bond of any <br />maturity, the number and amount of Bonds of such maturity to <br />be registered to such registered holder. In the absence of <br />instructions, Bonds will be registered in the name of the <br />successful bidder. <br /> <br /> It is anticipated that CUSIP identification numbers will <br />be printed on the Bonds, but neither the failure to print any <br />such number on any Bond nor any error or omission with respect <br />thereto shall constitute cause for failure or refusal by the <br />successful bidder for the Bonds to accept delivery of and pay <br />for the Bonds in accordance with the terms of its proposal. <br />No CUSIP identification number shall constitute or be deemed <br />to be a part of any Bond or a part of the contract evidenced <br />thereby and no liability shall attach to the City or any of <br />its officers or agents because of or on account of any number <br />or any use made thereof. All expenses in relation to the <br />printing of CUSIP identification numbers on t-he Bonds shall be <br />paid for by the City; provided, however, that the CUSIP <br />Service Bureau charge for the assignment of such numbers shall <br />be the responsibility of and shall be paid by the successful <br />bidder for the Bonds. <br /> <br /> The respective opinions of wood Dawson Smith & Hellman <br /> approving the validity of each issue of Bonds will be <br /> furnished the successful bidder for the Bonds. Each such <br /> opinion will state that the respective Bonds constitute valid <br /> and legally binding obligations of the City and that the City <br /> has power and is obligated to levy ad valorem taxes for the <br /> payment of such Bonds and the interest thereon upon all <br /> property within the City, subject to taxation by the City, <br /> without limitation of rate or amount, it being understood that <br /> the rights of the holders of such Bonds and the enforceability <br /> thereof may be subject to judicial discretion, to the valid <br /> exercise of the sovereign police powers of the Commonwealth of <br /> Virginia and of the constitutional powers of the United States <br />'of America, and to valid bankruptcy, insolvency, <br /> reorganization, moratorium and other laws affecting creditor's <br /> rights, and will also state that the interest on such Bonds is <br /> exempt from federal income taxation under existing law and <br /> regulations, and under the existing law of the Commonwealth of <br /> Virginia such interest is not includable in computing the <br /> Virginia income tax on individuals. A copy of the respective <br /> opinion will be printed on the respective bonds. <br /> <br /> <br />