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11, CONFIDENTIALITY <br />If Contractor receives from the City information which due to the nature of such information is <br />reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall riot use or <br />disclose such information except in the perfortmance of this Agreement, and further agrees to exercise the <br />saute degree of care it uses to protect its own information of like importance, but rn no event less that) <br />reasonable care. "Confidential Information" shall include ail nonpublic information. Confidential <br />information includes not only written information, but also information transferred orally, visually, <br />electronically, or by other means. Confidential information disclosed to either panty by any subsidiary <br />and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and <br />nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources, <br />(b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful <br />possession of the Contractor without an obligation of confidentiality, (d) is required to be disclosed by <br />operation of law; or (e) is independently developed by the Contractor without reference to information <br />disclosed by the City. <br />12. CONFLICT OF INTEREST CLAUSE <br />Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, <br />which would conflict in any manner with performance of services specified under this Agreement. <br />11 NOTICE <br />Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be <br />in writing and shall be deemed to be properly given if delivered in person or mailed by first class or <br />certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided <br />in this Section, to the following persons: <br />To City: Cleric of the City Council <br />City of Santa Ana <br />20 Civic Center Plaza (M-30) <br />P,O. Box 1988 <br />Santa Ana, CA 92702-1.988 <br />Copies to: Executive Director of <br />Human Resources <br />City of Santa Ana <br />20 Civic Center Plaza (M-24) <br />P.C), Box 1.988 <br />Santa Ana, California 92702 <br />Facsimile (714) 647-5311, <br />To Contractor; Sunny Mills Associates, Inc., dba Sunny [fills Restoration <br />1999 Ritchey Street <br />Santa Ana, CA 92705 <br />Attn: Bill Roy, President <br />Page: 6 of 9 <br />