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<br />If Consultant receives ftom the City infonnation which due tu the nature of such <br />information is reasonably understood to be confidential and/or proprietary, Consnltant agrees <br />tbat it shall not use or diselose such infonnation except in the performance of this Agreement, <br />and further agrees to exercise the same degree of care it uses to protect its own information of <br />like importance, but in nu event less than reasonable care. "Confidential Infonnation" shall <br />include all nonpublic information. Confidential infonnalion includes not only written <br />information, but also infunnation transferred orally, visually, electronically, or by uther means. <br />Confidential infonnation disclosed to either party by any subsidiary and/or agent of the other <br />party is covered by this Agreement. The foregoing obligations of non-use and nondiselosure <br />shall not apply to any infonnation that (a) has been diselosed in publicly available sources; (b) is, <br />through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful <br />possession of the Consultant without an obligation of confidentiality; (d) is required to be <br />disclosed by operation oflaw; or (e) is independently developed by the Consuitant without <br />reference to infornlation disclosed by the City. <br /> <br />8. CONFLICT OF INTEREST CLAUSE <br /> <br />Consultant covenants that it presently has no interests and shall not have interests, direct <br />or indirect, which would conflict in any manner with performance of services specified under <br />lhis 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 firs! class or certified mail, postage prepaid, or sent by telefacsimi1c or other <br />telegraphic communication in the manner provided in this Section, to the full owing persons: <br /> <br />To City: 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 />telefacsimile (714) 647-6956 <br />With courtesy copy to: <br />City Attorney <br />City of Santa Ana <br />20 Civic Center Plaza (M -29) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />telefacsimile (714) 647-6515 <br /> <br />Tu Consultant: <br /> <br />Sally Low & Associates, Inc. <br />600 W. Santa Ana Blvd., Suite 208 <br />Santa Ana, California 9270 I <br />telefacsimile (714) 834-9035 <br /> <br />3 <br />