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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 is not, in fact, held by the signatory or is withdrawn.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 />