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<br />like importance, hut in no event less than reasonable care. "Confidential Information" shall <br />include all nonpublic intollnation. Confidential information includes not only written <br />information, but also infollllation transferred orally, visually, electronical1y, or hy other means. <br />Confidential information diselosed to cithcr party by any suhsidiary and/or agent of the other <br />party is covered by this Agrccmcnt. The foregoing obligations of non-use and nondisclosure <br />shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, <br />through no fanlt of the Consultant disclosed in a publiely available source; (c) is in rightful <br />possession of the Consultant without an obligation of confidentiality; (d) is required to bc <br />diselosed by operation of law; or ( e) is independently developcd by the Consultant without <br />reference to information diselosed by thc City. <br /> <br />8. CONFLICT OF INTEREST CLAUSE <br /> <br />Consultant covenants that it presently has no interests and shall not have intcrcsts, direct <br />or indirect, which would conflict in any manner with performance of services specified under <br />this Agreement. <br /> <br />9. NOTICE <br /> <br />Any notice, tender, demand, delivery, or other communication pursuant to this <br />Agreement shall be in writing and shall be deemed to be properly given if delivered in person or <br />mailed by first elass or certified mail, postage prepaid, or sent by telefacsimile or other <br />telegraphic commnnication in the manner provided in this Section, to the following persons: <br /> <br />To City: <br /> <br />Clerk 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 92702-1988 <br />telefacsimile (714) 647-6956 <br /> <br />With courtesy copies to: <br /> <br />Executive Director or Comlllunity Development <br />City of Santa Ana <br />20 Civic Center Plaza (M-25) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />telefacsimile (714) 6476549 <br /> <br />and <br /> <br />City AttolTIey <br />City of Santa Ana <br />20 Civic Center Plaza (M-29) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />telefacsimi1e (714) 647-6515 <br /> <br />4 <br />