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means. 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 nondisclosure <br />shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, <br />through no fault of the Attorneys, disclosed in a publicly available source; (c) is in rightful <br />possession of the Attorneys without an obligation of confidentiality; (d) is required to be disclosed <br />by operation of law; or (e) is independently developed by the Attorneys without reference to <br />information disclosed by the City. <br />11. CONFLICT OF INTEREST CLAUSE Attorneys covenant that it presently has no interests <br />and shall not have interests, direct or indirect, that would conflict in any manner with performance <br />of services specified under this Agreement. <br />12. 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 facsimile or other telegraphic <br />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 (714) 647-6515 <br />To Attorneys: Kimberly Hall Barlow, Esq. <br />Jones & Mayer, Attorneys at Law <br />3777 N. Harbor Blvd. <br />Fullerton, CA 92835 <br />Facsimile: (714) 446-1448 <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 the <br />new address. If sent by mail, communication shall be effective or deemed to have been given three <br />(3) days after it has been deposited in the United States mail, duly registered or certified, with <br />postage prepaid, and addressed as set forth above. If sent by facsimile, communication shall be <br />effective or deemed to have been given twenty-four (24) hours after the time set forth on the <br />transmission report issued by the transmitting facsimile machine, addressed as set forth above. For <br />purposes of calculating these time frames, weekends, federal, state, County or City holidays shall <br />be excluded. <br />25C-5 <br />