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written information, but also information transferred orally, visually, electronically, or by other <br />means. Confidential information disclosed to either patty 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 available <br />sources; (b) is, through no fault of the Attorneys, disclosed in a publicly available source; (c) is <br />in rightful possession of the Attorneys without an obligation of confidentiality; (d) is required to <br />be disclosed by operation of law; or (e) is independently developed by the Attorneys without <br />reference to information disclosed by the City. <br />9. CONFLICT OF INTEREST CLAUSE Attorneys covenant that it presently has no <br />interests and shall not have interests, direct or indirect, that would conflict in any manner with <br />performance of services specified under this Agreement. <br />10, NOTICE 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 Council <br />City of Santa Ana <br />20 Civic Center Plaza (M -30) <br />P.O. Box 1988 <br />Santa Ana, California 92702 -1988 <br />Facsimile (714) 647 -6956 <br />Courtesy Copy: City Attorney <br />City of Santa Ana <br />20 Civic Center Plaza (M-29) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />Facsimile (7'14) 647 -6515 <br />To Attorneys: Brice D. Praet, Esq. <br />FERGUSON, PRAET & SHERMAN <br />1631 East 1.8`x' Street <br />Santa Ana, California 92705 -7101 <br />Facsimile: (714) 953 -1143 <br />A party may change its address by giving notice in writing to the other party. Thereafter, any <br />notice, tender, demand, delivery, or other communication shall be addressed and transmitted to <br />the new address. If sent by mail, communication shall be effective or deemed to have been given <br />three (3) days after it has been deposited in the United States mail, duly registered or certified, <br />with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication <br />shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on <br />the transmission report issued by the transmitting facsimile machine, addressed as set forth <br />