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Confidential information disclosed to eitbernartvby anv snhsidiary and/or agent ofthe otberpartvis covered <br />by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any <br />information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant <br />disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation <br />of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by <br />the Consultant without reference to information disclosed by the City. <br />12. CONFLICT OF INTEREST CLAUSE <br />Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, <br />which would conflict in any manner with performance of services specified under this Agreement. <br />13. NOTICE <br />Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in <br />writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified <br />mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this <br />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.O. Box 1988 <br />Santa Ana, CA 92702-1988 <br />Fax 714- 647-6956 <br />Executive Director <br />Public Works Agency <br />City of Santa Ana <br />20 Civic Center Plaza (M-21) <br />P.O. Box 1988 <br />Santa Ana, CA 92702 <br />Fax 714-647-5635 <br />To Consultant: IDS Group, Inc. <br />1 Peters Canyon Road, Suite 130 <br />Irvine, CA 92606 <br />A party may change its address by giving notice in writing to the other party. Thereafter, <br />any communication shall be addressed and transmitted to the new address. If sent by mail, communication <br />shall be effective or deemed to have been given three (3) days after it has been deposited in the United States <br />mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, <br />communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth <br />on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For <br />purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. <br />Page 5 of 8 <br />