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(1)
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A Bidder ("Bidder") submitting a winning bid ("Winning Bid") is
irrevocably obligated to purchase the bonds at the rates and prices
of the winning bid, if acceptable to the Issuer, as set forth in
related
Invitation to Bid. Winning Bids are not officially awarded to
Winning Bidders until formally accepted by Issuer.
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(2)
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Neither PFM nor Grant Street Group (the "Auction Administrator") is
responsible for technical difficulties
that result in loss of Bidder's internet connection with PFMauction,
slowness in transmission of bids, or other technical problems.
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(3)
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If for any reason Bidder is disconnected from Auction Page during
the auction after having submitted a Winning Bid, bid is valid
and binding upon Bidder, unless the Issuer exercises its right to
reject bids, as set forth in related Invitation to Bid.
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(4)
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Bids which generate error messages are not accepted until error
is corrected and bid is received prior to the deadline.
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(5)
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Bidders accept and agree to abide by all terms and
conditions specified in the Invitation to Bid (including
Amendments, if any) related to each auction.
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(6)
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Neither PFM nor the Auction Administrator is responsible
to any bidder for any defect or inaccuracy
in Invitation to Bid, Amendments, or Preliminary Official
Statement as they appear on PFMauction.
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(7)
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Only Bidders who request and receive admission to an auction may Submit Bids.
PFM and the Auction Administrator reserve the right to deny access
to PFMauction
website to any Bidder, whether registered or not, at any time
and for any reason whatsoever, in their sole and absolute discretion.
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(8)
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Neither PFM or Auction Administrator is responsible for protecting the
confidentiality of a Bidders PFMauction password.
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(9)
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If two bids submitted in same auction by same or different Bidders
result in same displayed Yield-to-Maturity (in maturity-by-maturity auction)
or same displayed True Interest Cost (in all-or-none auction), first confirmed bid
received by PFMauction prevails. Any change to a submitted bid
constitutes a
new bid, regardless of whether there is a corresponding change in
True Interest Cost or Yield-to-Maturity.
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(10)
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Bidders must compare their final bids to those shown on the Observation
Pages immediately after the bidding time period ends, and if they disagree
with final results shown on Observation Pages, they must report them to
PFMauction within 15 minutes after the bidding time period ends.
Regardless of the final results reported by PFMauction, and regardless of
verbal confirmation of the winning bid by the MBM Clearing Agent, bonds
are
definitively awarded to winning bidders only upon official award by the
Issuer. If, for any reason, the Issuer fails to: i) award bonds to the
winner reported by PFMauction and confirmed by the MBM Clearing Agent, or
ii) deliver bonds to winning bidders at settlement, PFM, the
Auction Administrator, and the MBM Clearing Agent will not be liable for
damages.
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(11)
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Bidders who submit a bid on the Auction Page by clicking the 'Submit Bid'
button must confirm that bid by clicking the 'Yes, Submit Bid' button on the
Confirmation Page.
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(12)
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For auctions utilizing the "Two Minute Rule", if any bid becomes a leading bid
within two (2) minutes prior to the scheduled end of the auction, then the
auction will be automatically extended for two (2) minutes from the time such
new leading bid was received by PFMauction. The auction end time will
continue to be extended, indefinitely, until all leading bid(s) remain the
leading bid(s) for at least two minutes, unless an absolute end time is
stipulated in the Notice.
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