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16.13 Warranty Against Payment of Consideration. Grantee warrants that it has not <br />paid or given, and will not pay or give, any third person any money or other consideration for <br />obtaining this Agreement. <br />16.14 Ownership of Plans and Data. <br />(a)City shall have a non-exclusive and perpetual license to copy, use, modify, <br />reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in <br />plans, specifications, studies, drawings, estimates, and other documents or works of authorship <br />fixed in any tangible medium of expression, including but not limited to, physical drawings or <br />data magnetically or otherwise recorded, which are prepared or caused to be prepared by Grantee <br />under this Agreement (“Documents & Data”).Grantee shall require all subcontractors to agree <br />in writing that City is granted a non-exclusive and perpetual license for any Documents & Data <br />the subcontractor prepares under this Agreement. Grantee represents and warrants that Grantee <br />has the legal right to license any and all Documents & Data. Grantee makes no such <br />representation and warranty in regard to Documents & Data which were provided to Grantee by <br />the City. City shall not be limited in any way in its use of the Documents & Data at any time, <br />provide that any such use not within the purposes intended by this Agreement shall be at city’s <br />sole risk. <br />(b)Where Grantee does not proceed with the work and construction of the <br />Project, and when this Agreement is terminated with respect thereto for any reason, Grantee shall <br />deliver to City any and all plans and data concerning the Property, and City or any person or <br />entity designated by City shall have the right to use such plans and data without compensation to <br />Grantee. Such right of City shall be subject to any right of the preparer of the plans to their use. <br />16.15 Authority to Enter Agreement. Each undersigned represents and warrants that <br />its signature herein below has the power, authority and right to bind their respective parties to <br />each of the terms of this Agreement, and shall indemnify the City fully, including reasonable costs <br />and attorney's fees, for any injuries or damages to City in the event that such authority or power <br />is not, in fact, held by the signatory or is withdrawn. <br />{Signatures on following page} <br />EXHIBIT 2