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Confidential information disclosed to either party by any subsidiary and /or agent of the <br />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 <br />available sources; (b) is, through no fault of the Consultant disclosed in a publicly <br />available source; (c) is in rightful possession of the Consultant without an obligation of <br />confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently <br />developed by the Consultant without reference to information disclosed by the City. <br />CONFLICT OF INTEREST CLAUSE <br />Consultant covenants that it presently has no interests and shall not have interests, <br />direct or indirect, which would conflict in any manner with performance of services <br />specified under this Agreement. <br />A -2 <br />