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information includes not only written information, but also information transferred orally, <br />visually, electronically, or by other means. Confidential information disclosed to either party <br />by any subsidiary and/or agent of the other party is covered by this MOU. The foregoing <br />obligations of non-use and nondisclosure shall not apply to any information that (a) has been <br />disclosed in publicly available sources; (b) is, through no fault of Nati's House Neutral <br />Ground disclosed in a publicly available source; (c) is in rightful possession of Nati's House <br />Neutral Ground without an obligation of confidentiality; (d) is required to be disclosed by <br />operation of law; or (e) is independently developed by Nati's House Neutral Ground without <br />reference to information disclosed by the City of Santa Ana. <br />ACCESSABILITY: Nati's House Neutral Ground will assure that its services and premises <br />are accessible to persons with disabilities pursuant to the requirements of the Americans with <br />Disabilities Act. <br />8. HOLD HARMLESS CLAUSE: Each party to this MOU agrees to indemnify and hold <br />harmless the other parties, their officers, agents, employees, and volunteers from and against <br />any and all loss or damage, and from any and all suits, actions and claims filed or brought by <br />any person or persons arising out of acts or omissions of the party or its officers, agents, <br />employees or volunteers in the performance of this MOU. <br />9. DISPUTES: The parties shall first attempt to resolve all disputes informally. Any party <br />may call a meeting of all parties to discuss and resolve disputes. Should informal resolution <br />efforts fail, the dispute shall be referred to the City Manager to act as mediator, to attempt to <br />resolve the dispute by holding an informal hearing with presentations by both parties. If the <br />City Manager's resolution efforts fail, any party may file a grievance with the City Manager <br />for review and hearing. The parties agree to be bound by the final determination resulting <br />from that procedure. Each party to bear its own costs associated with any grievance <br />procedures. <br />10. DISCRIMINATION: Nati's House Neutral Ground shall not discriminate because of race, <br />color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or <br />disability, as defined and prohibited by applicable law, in the recruitment, selection, training, <br />utilization, promotion, termination or other employment related activities. Nati's House <br />Neutral Ground affirms that it is an equal opportunity employer and shall comply with all <br />applicable federal, state and local laws and regulations. <br />I1. SEVERABILITY: If any part of this MOU is found to be null and void, or is otherwise <br />stricken, the rest of this MOU shall remain in force. <br />12. JURISDICTION: Jurisdiction over any disputes arising under this MOU shall reside in <br />Orange County, California. <br />13. AUTHORITY AND SIGNATURES: The individuals signing this MOU or its attachments <br />have the authority to commit the party they represent to the terms of this MOU, and do so <br />commit by signing. <br />