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like importance, but in no event less than reasonable care. "Confidential Information" shall <br />include all nonpublic information. Confidential information includes not only written <br />information, but also information transferred orally, visually„ electronically, or by other means. <br />Confidential infonnation disclosed to either party by any subsidiary and/or agent of the other <br />party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure <br />shall not apply to any itiforrnation that (a) has been disclosed in publicly available sources; (b) is, <br />through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful <br />possession of the Consultant and disclosed without an obligation of confidentiality; (d) is <br />required to be disclosed by operation of law; or (e) is independently developed by the Consultant <br />without reference to information disclosed by the City. <br />11, CONFLICT OF INTEREST CLAUSE <br />Consultant covenants that it presently has no interest and shall not have interests, direct <br />or indirect, which would conflict in any inanner with performance of services specified under <br />this Agreerncnt. <br />12, NOTICE <br />Any notice, tender, demand, .delivery, or other communication pursuant to this <br />Agreenicnt 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 facshnile or other telegraphic <br />communication in the manner provided in this 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, California 92702-1988 <br />Facsimile (71.4) 647-6956 <br />With courtesy copies to: <br />Executive Director of Human Resources <br />City of Santa Ana <br />20 Civic Center Plaza (M-24) <br />P.O, Box 1988 <br />Santa Ana, California 92701.1988 <br />Facsimile (714) 647-6930 <br />And, <br />City Attorney <br />City of Santa Ana <br />20 Civic Center Plaza (M-29) <br />P.U. Box 1988 <br />Santa Ana, California 92702-1988 <br />Facsimile (714) 647-6515 <br />