MCCLUNG, CHARLES E. 1 - Laserfiche WebLink

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9. INDEMNWICATIQN Attorney agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, and representatives from liability for personal injury, damages, restitution, ,judicial or equitable relief to the extent caused by Attorney's negligent or wrongful perfonnaance or conduct related to this Agreement. 10. CON IDENTIALITY All information and documents shared with Attorney as well as all work performed by Attorney in connection with this Agreement should be treated as strictly confidential. Moreover, all communications between Attorney and City shall be treated as protected by the attorney-client privilege and the attorney work product doctrine. Accordingly, information received by Attorney from City should be kept in a secure place, and no information about this work may be disclosed to any third party without City's prior written approval. Attorney shall provide materials directly to the City Attorney, Sonia Carvalho, or selected members of her office, as directed by the City Attorney. All such information and any written product in connection with Attorney' retention under this Agreement, shall be marked as "PRIVILEGED AND CONFIDENTIAL, / ATT*RNEY-WORK'PRODUCT" and shall be the property of the City Attorney's Office, and shall be returned/provided to the Office of the City Attorney with all copies upon the request of the City Attorney. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-usc and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Attorney, disclosed in a publicly available source; (c) is in rightful possession of the Attorney without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Attorney without reference to-infirmation disclosed by the City. 11, CONFLICT" OF INTEREST CLAUSE Attorney covenants that it presently has no Interests and shalt not have interests, direct or indirect, that would conflict in any manner with performance of services specified under this Agreement. 12, NO'l ICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702.1988 Facsimile (714) 647.6956 Courtesy Copy. City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988