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<br /> <br /> <br /> <br /> <br /> <br /> property owned by such entering party without being deemed guilty of trespass or any other <br /> violation of the law; and (iii) City shall purchase all non NAPA branded Stocking Products <br /> owned by OCAP and located at City property at City's acquisition cost (list price minus <br /> applicable percentage discount). <br /> 10. NOTICE <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 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 /> To City: 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 /> Fax 714- 647-6956 <br /> <br /> With courtesy copy to: FMSA- Fleet Division <br /> City of Santa Ana <br /> 215 S. Center St. <br /> Santa Ana, CA 92703 <br /> Fax 714-647-3539 <br /> To Consultant: Orange County Auto Parts <br /> Mark Akoubian <br /> 515 E. First Street <br /> Santa Ana, CA 92701 <br /> Fax 714-547-0981 <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, <br /> communication shall be effective or deemed to have been given three (3) days after it has been <br /> deposited in the United States mail, duly registered or certified, with postage prepaid, anc <br /> addressed as set forth above. If sent by telefacsimile, communication shall be effective or <br /> deemed to have been given twenty-four (24) hours after the time set forth on the transmission <br /> report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of <br /> calculating these time frames, weekends, federal, state, County or City holidays shall be <br /> excluded. <br /> 11. CONFIDENTIALITY <br /> City and OCAP may, from time to time, acquire or otherwise receive confidential or <br /> proprietary information concerning the other party's products, pricing, business affairs and <br /> practices. In consideration of the confidential and proprietary nature of this information, each <br /> party agrees, subject to the Freedom of Information Act (FOIA) and the California Public <br /> Records Act (CPRA), as follows: <br /> <br /> (a) All information marked "confidential" or "proprietary" received from the other party <br /> shall be regarded by the receiving party, its employees and agents as strictly <br /> confidential and will not be disclosed to any third parties or to any of the other <br /> affiliates of the receiving party, except as required by law. <br /> <br /> <br /> 25D-6 <br />