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Consultant shall allow 8 representative of the City to examine, audit, and make transcripts or copies Of <br />such records and any other documents created pursuant to this Agreement during regular business <br />hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related <br />to this Agreement for a period of three (3) years from the date of final payment to Consultant under this <br />Agreement, <br />10, CONFIDENTIALITY <br />If Consultant receives from the City information which due t the nature of such informaton is <br />reasonably understood to be confidential and/or proprietary, Consulo tant agrees that It shall not uise or <br />disclose such Information except In the performance of this Agreement, and further agrees to exercise <br />the same degree Of care it uses to protect its own information of like' importance, but in no event less <br />than reasonable care, "Confidential Information" shall include all nonpublic information. Confidential <br />information includes net only written Information, but also Information transferred orally, visually, <br />electronically, or by other means, Confidential information disclosed to either party by any subsidiary <br />andlor 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 <br />sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in <br />rightful possession of the Consultant without an obligation of confidentiality, (d) is required to be <br />disclosed by operation of law; or (0) is independently developed by the Consultant without reference to <br />information disclosed by the City, <br />CONFLICT OF INTEREST CLAUSE <br />Consultant covenants that It presently has no interests and shall not have interests, direct or <br />indirect, which would conflict in any manner with performance of services specified under this <br />Agreement. <br />NOTICE <br />Any notice, tender, demand, delivery, or other communication Pursuant to this Agreement shall <br />be in writing and shall be deemed to be property 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 <br />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-0, Box 1988 <br />Santa Ana, CA 92702-1988 <br />Fax 714- 647-6956 <br />With courtesy copies to: <br />Chief of Police <br />City of Santa Ana <br />60 Civic Center Plaza (M-96) <br />P. O. Box 1988 <br />Santa Ana, California 92702 <br />Fax 714- 245-8007 <br />And <br />