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permitted by or under law to perform such services, and all <br />personnel engaged in the work shall be so qualified and <br />authorized or permitted to do the work they perform on behalf of <br />APPRAISER. <br />2. Solicitation or Procurement of Agreement <br />APPRAISER has not employed any person to solicit or procure <br />this agreement and has not made, and will not make, any payment <br />or any agreement for the payment of any commission, percentage, <br />brokerage, contingent fee, or other compensation in connection <br />with the procurement of this agreement. <br />3. Interest of APPRAISER and APPRAISER'S Employees <br />APPRAISER does not have any interest (including that of real <br />estate agent or broker), direct or indirect, present or <br />prospective, in any property listed in "Exhibit All hereof or in <br />the sale thereof, or any other interest, whether or not in <br />connection with said property, which would conflict in any manner <br />or degree with the performance of the services and the submission <br />of impartial reports, and has not employed and will do employ, in <br />connection with the services to be furnished hereunder, any <br />person having any such interest, and until such property is <br />acquired by CITY or excluded from its project or projects by <br />resolution of its governing body, APPRAISER and all employees of <br />APPRAISER, so long as they are employed by APPRAISER, will not <br />acquire any such interests and will not, for their own account or <br />for other than CITY, negotiate for any said property, perform <br />services in connection with said property, or testify voluntarily <br />as a witness in a condemnation or other proceeding with respect <br />to such property. <br />4. Services to be Confidential; Conflict of Interest <br />All services, including reports, opinions, and information, <br />to be furnished under this agreement are confidential and shall <br />not be divulged, in whole or in part, to any person, other than <br />to duly authorized representatives of CITY, without prior written <br />approval of CITY, except by testimony under oath in a judicial <br />proceeding or as otherwise required by law. APPRAISER shall take <br />all necessary steps to ensure that no member of his staff or <br />organization divulges any information concerning such appraisals <br />or services, except as provided above. For the duration of this <br />agreement, APPRAISER will not act as a consultant or perform <br />services of any kind for any person or entity other than CITY or <br />the City of Santa Ana in regard to the Project without the prior <br />written consent of CITY. <br />5. Facilities and Personnel <br />APPRAISER has and will continue to have proper facilities <br />and personnel to perform the services and work agreed to be <br />performed hereunder. If APPRAISER proposes to employ any person <br />or persons to make any appraisals of machinery and equipment or <br />other specialized elements or attributes of a property appraised <br />under this agreement, the employment of such person or persons <br />for such purpose shall not place CITY under any obligation to <br />such employee, nor relieve APPRAISER of full responsibility for <br />the faithful performance of the services to be furnished <br />hereunder. <br />-12- <br />