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injury, damages, just compensation, restitution, judicial or equitable ralief; caused by the <br />negligence of the City: <br />8. CONFIDENTIALITY <br />If Contractor receives fiatm the City information which due to the nature of such <br />infrarmation is reasonably understood to be confidential and/or proprietary, Contractor agrees that <br />it shall notuse or disclose such information, except in the performance of this .Agreement, and <br />further agrees td exercise the sane degree of care it uses to protect its own information of like <br />importance, but in no event less than reasonable care. "Confidential information" shall include <br />all nonpublioinformation. Confidential information includes. not only written information, but <br />also information transferred orally, visually, elcctronically, ot• by other means. Confidential <br />infonnation disclosed to either party by any subsidiary and/or agent of t12e other party is covered <br />by this Agreement, The foregoing obligations of non use and nondisclosure shall not apply to . <br />any information that (a) has been disclosed in publicly available sources; (b) is, through no fault <br />of the Contractor disclosed in a publicly avai' fe, source; (o) is in rightful possession of the <br />Contractor without an obligation of co dontiality; (d) is required to be disclosed by oporat%on of <br />law; or (e) is independently devel oped by the Contractor without reference to inibri iatioxt <br />disclosed by the City, <br />9. CONFLICT OF ITTEE.E8T CLAUSE <br />Contractor covenants that itpresently has no interests and shall not have interests, dirt <br />or indirect, which would conflict in any" rmanmer with performance of services specified under <br />this Agreement- <br />W10010049 "01 <br />Any notice; tender, demand, dellyery, or other eonnnunication pursuant: to'th is <br />Agreement shall be in miting 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 facsimile or other telegraphic <br />communication in the manner provided in this Section, to the following persons:. <br />To City; Clerk of the City Council <br />City of Sttgtu: Ana <br />20 Civic Center Plaza (M -30) <br />P.O B:ox 19$8 <br />Santa Ana, CA 92702 -1988 <br />Pax (714) 647 -6956 <br />With col'utc,5Y copies to <br />Executive Director of the Personnel Services Department <br />City of Santa Ana <br />"r[ 0, Box 1988 <br />Santa Ana, CA 92701 -1988 <br />Page 4 of 7 <br />