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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 /> 12. CONFLICT OF INTEREST CLAUSE <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 /> 13. NOTICE <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 /> 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 /> Library Services Director <br /> Library Services Agency <br /> City of Santa Ana <br /> 26 Civic Center Plaza <br /> Santa Ana, CA 92702 <br /> To Consultant: Siemens Industry, Inc, <br /> Attn: Benjamin Peeples <br /> 14930 Greenlead St. <br /> Sherman Oaks, CA 91403 <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 /> Page 6 of 9 <br />