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others shall not be deemed a conflict unless the applicable provisions are inconsistent and <br />could not be simultaneously enforced or performed. <br />17.11 Time of the Essence. Time is of the essence under this Agreement and in <br />the performance of every term, covenant, and obligation contained herein. <br />17.12 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, which is prohibited by law. <br />17.13 Warranty Asainst 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 />17.14 Plans and Data. Where Developer does not proceed with the work and <br />construction of the Project, and when this Agreement is terminated with respect thereto for <br />any reason, Developer shall deliver to City any and all plans and data concerning the <br />Property, and City or any person or entity designated by City shall have the right to use <br />such plans and data without compensation to Developer. Such right of City shall be subject <br />to any right of the preparer of the plans to their use. <br />17.15 Authority to Enter Agreement. Each undersigned represents and warrants <br />that its signature hereinbelow has the power, authority and right to bind their respective parties <br />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 such <br />authority or power is not, in fact, held by the signatory or is withdrawn. <br />{Signatures onfollowingpage) <br />30 <br />