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21.8. Severability of Provisions. No provision of any Loan Document that is <br />held to be unenforceable or invalid shall affect the remaining provisions, and to this end all <br />provisions of the Loan Documents are hereby declared to be severable. <br />21.9. Headings. Article and section headings are included in the Loan <br />Documents for convenience of reference only and shall not be used in construing the Loan <br />Documents. <br />21.10. Conflicts. In the event of any conflict between the provisions of this <br />Agreement and those of any other Loan Document, this Agreement, unless otherwise <br />expressly provided, shall prevail; provided however that, with respect to any matter <br />addressed in both such documents, the fact that one document provides for greater, lesser <br />or different rights or obligations than the other shall not be deemed a conflict unless the <br />applicable provisions are inconsistent and could not be simultaneously enforced or <br />performed. <br />21.11. Time of the Essence. Time is of the essence under this Agreement and in <br />the performance of every tern, covenant, and obligation contained herein. <br />21.12. Conflict of Interest. No member, official or employee of the City shall <br />have any direct or indirect interest in this Agreement, nor participate in any decision <br />relating to the Agreement that is prohibited by law. <br />21.13. Warranty Against Payment of Consideration. Developer warrants that <br />it has not paid or given, and will not pay or give, any third person any money or other <br />consideration for obtaining this Agreement. <br />21.14. Reserved. <br />21.15. Plans and Data. As additional collateral for the City/Rental Rehabilitation <br />Program Loan, Developer hereby grants to the City a security interest in all plans and data <br />concerning the Property, subject to the rights of any Senior Lender. Such right of City <br />shall be subject to any right of the preparer of the plans to their use. <br />21.16. Authority to Enter Agreement. Each undersigned represents and warrants <br />that its signature hereinbelow has the power, authority and right to bind their respective <br />parties to each of the terms of this Agreement, and shall indemnify the City fully, including <br />reasonable costs and attorney's fees, for any injuries or damages to City in the event that <br />such authority or power is not, in fact, held by the signatory or is withdrawn. <br />{signatures on following page} <br />50 <br />westview House <br />City Rental Rehabilitation Program Loan Agreement <br />