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6 <br /> <br />information disclosed to either party by any subsidiary and/or agent of the other party is covered <br />by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any <br />information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the <br />Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant <br />without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) <br />is independently developed by the Consultant without reference to information disclosed by the <br />City. <br /> <br />12. CONFLICT OF INTEREST CLAUSE <br /> <br /> Consultant covenants that it presently has no interest and shall not have interests, direct or <br />indirect, which would conflict in any manner with performance of services specified under this <br />Agreement. <br /> <br />13. NOTICE <br /> <br />Any notice, tender, demand, delivery, or other communication pursuant to this Agreement <br />shall be in writing and shall be deemed to be properly given if delivered in person or mailed by <br />first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in <br />the manner provided in this Section, to the following persons: <br /> <br />To City: <br /> <br />City Clerk <br /> City of Santa Ana <br /> 20 Civic Center Plaza (M-30) <br /> P.O. Box 1988 <br /> Santa Ana, CA 92702-1988 <br /> <br />With courtesy copies to: <br /> <br />Executive Director, Public Works Agency <br /> City of Santa Ana <br /> 20 Civic Center Plaza (M-21) <br /> P.O. Box 1988 <br /> Santa Ana, CA 92702 <br /> <br />To Consultant: <br /> <br />T.R. Holliman & Associates <br />3543 Citrus Street <br />Highland, CA 92346 <br />Attn: Thomas R. Holliman <br /> <br />A party may change its address by giving notice in writing to the other party. Thereafter, <br />any communication shall be addressed and transmitted to the new address. If sent by mail,