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Page 6 of 9 <br /> <br />and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and <br />nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; <br />(b) is, 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 disclosed by <br />operation of law; or (e) is independently developed by the Consultant without reference to information <br />disclosed by the 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 indirect, <br />which would conflict in any manner with performance of services specified under this Agreement. <br /> <br />13. NOTICE <br /> <br />Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be <br />in writing and shall be deemed to be properly given if delivered in person or mailed by first class or <br />certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided <br />in this Section, to the following 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 /> <br />Library Services Director <br /> Library Services Agency <br /> City of Santa Ana <br /> 26 Civic Center Plaza <br /> Santa Ana, CA 92702 <br /> <br />To Consultant: Siemens Industry, Inc. <br /> Attn: Benjamin Peeples <br />14930 Greenlead St. <br />Sherman Oaks, CA 91403 <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, communication <br />shall be effective or deemed to have been given three (3) days after it has been deposited in the United <br />States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by <br />fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time <br />set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth <br />above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays <br />shall be excluded. <br /> <br />