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include all nonpublic information. Confidential information includes not only written information, but also info ]oration transferred orally, visually, electronically, or by other means. 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-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the VENDOR disclosed in a publicly available source; (c) is in rightful possession of the VENDOR without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the VENDOR without reference to information disclosed C IT Y. 8. CONFLICT OF INTEREST CLAUSE VENDOR covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this AGREEMENT. 9. NOTICE 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 inthis Section, to the following persons: To CITY: Cleric of the Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92701 Fax (714) 647-6956 With courtesy copy to: Treasury and Customer Services Manager Finance and Management Services Agency Treasury & Customer Division (M-15) 20 Civic Center Plaza Santa Ana, CA 92701 Fax (714) 647-5304 To VENDOR: OPEX Corporation 305 Commerce Drive Moorestown, NJ 08057 (856) 727-110 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, _e