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of care it uses to protect its own information of like importance, but in no event less than <br />reasonable care. "Confidential Information" shall include all nonpublic information. <br />Confidential information includes not only written information, but also information <br />transferred orally, visually, electronically, or by other means. Confidential information <br />disclosed to either party by any subsidiary and/or agent of the other party is covered by <br />this Renewal Agreement. The foregoing obligations of non-use and nondisclosure shall <br />not apply to any information that (a) has been disclosed in publicly available sources; (b) <br />is, through no fault of the CONSULTANT disclosed in a publicly available source; (c) is <br />in rightful possession of the CONSULTANT without an obligation of confidentiality; (d) <br />is required to be disclosed by operation of law; or (e) is independently developed by the <br />CONSULTANT without reference to information disclosed by CITY. <br />8. CONFLICT OF INTEREST CLAUSE <br />CONSULTANT covenants that it presently has no interests and shall not have <br />interests, direct or indirect, which would conflict in any manner with performance of <br />services specified under this Renewal Agreement. <br />9. NOTICE <br />Any notice, tender, demand, delivery, or other communication pursuant to this <br />Renewal Agreement shall be in writing and shall be deemed to be properly given if <br />delivered in person or mailed by first class or certified mail, postage prepaid, or sent by <br />telefacsimile or other telegraphic communication in the manner provided in this Section, <br />to the following persons: <br />To CITY: Clerk of the City Council 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 />With courtesy copies to: Treasury and Customer Services Manager <br />Finance and Management Services Agency <br />20 Civic Center Plaza (M-15) <br />P.O. Box 1964 <br />Santa Ana, CA 92702-1964 <br />Fax (714) 647-5304 <br />and <br />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 />Fax (714) 647-6515 <br />5 <br />