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?. COVF1DENTIALI'I'Y <br />Jf C'onsultant receives Pram the City information which due to the nature of such <br />information is reasonably understood to be confidential andlor proprietary, Consultant agrees <br />that it shall not use or disclose such information except in the performance of this Agreement, <br />and further agrees to e;cercise the same degree of care it uses to protect its own information of <br />like importance, but in no event less than reasonable care. ``Con~dentia! lnfarmation" shall <br />include all nonpublic information. Confidential information includes not only written <br />information, but. also information transferred e~rally,visual]}~, electronically, or by other means. <br />Confidential int'c~rtnation disclosed to either party by any subsidiary and/ar agent ofthe other <br />party is covered by this Agreement. `l`he foregoing obligations of rtion-use and nandisclosurc <br />shall not. apply to any in]`armation that {a) has been disclosed in publicl}" available sources; {b) is, <br />through no fault of the Consultant disclosed in a publicly available source; {c) is in righifiil <br />possession of the Consultant without an obligation of s:onfidentiality; {d) is required to be <br />disclosed by operation of ]aLV; or {e) is independently developed by the Consultant without <br />reference to information disclosed by the City. <br />~3. CONFL.ICT OF Ii~1T'l€~}2~ST CLAUSE <br />Consultant covenants that it presently has no interests and shall not have interests, direct <br />or indirect, 4vhich would conflict. in any manner with performance of services specified under <br />this Agreement. <br />~3. Nt)TICE <br />Any notice, tender, demand, delivery, or other communication pursuant to this <br />Agreement shall be in writing and shall be deemed to E~ properly given if delivered in person or <br />mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other <br />telegraphic communication in the manner provided in this Section, to the following persons: <br />'fo City: Clerk of the City Council <br />City of Santa Ana <br />20 Civic Center Plaza {M-30) <br />P.C?.13ox 1988 <br />Santa Ana, California 92702-]988 <br />telefacsimile {714) 641-6956 <br />With courtesy copies to: <br />]=ire ChieF <br />City of Santa Ana <br />1439 S. Firoadway {M-$0} <br />Santa Ana, California 92702 <br />telefacsimile (714) 647-5774 <br />and <br />C"sty Attorney <br />City of Santa Ana <br />20 Civic Center Plaza {Vl-2L1) <br />25D-5 <br />