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farther agrees to exercise the same degree of care it uses to protect its own information of like <br />importance, but in no event less than reasonable care. "Confidential Information" shall include <br />all nonpublic information. Confidential information includes not only written information, but <br />also information transferred orally, visually, electronically, or by other means. Confidential <br />information disclosed to either party by any subsidiary and/or agent of the other party is covered <br />by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to <br />any information that (a) has been disclosed in publicly available sources; (b) is, through no fault <br />of the Sponsor or Viva disclosed in a publicly available source; (c) is In rightful possession of the <br />Sponsor or Viva without an obligation of confidentiality; (d) is required to be disclosed by <br />operation of law; or (e) is independently developed by the Sponsor or Viva without reference to <br />information disclosed by the City. <br />8. CONFLICT OF INTEREST CLAUSE <br />Sponsor and Viva respectively covenant that they presently have no interests and shall <br />not have interests, direct or indirect, which would conflict in any manner with this agreement. <br />Should this agreement create a conflict of interest for the City, the agreement shall be deemed <br />null and void. <br />9. NOTICE <br />Any notice, tender, demand, delivery, or other communication pursuant to this <br />Agreement 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 facsimile 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, CA 92702-1988 <br />Fax:714-647-6956 <br />Copies to Parks, Recreation c& Community Services Agency <br />City of Santa Ana <br />20 Civic Center Plaza (M-75) <br />P.O. Box 1988 <br />Santa Ana, California 92702-1988 <br />Fax: 714-571-4227 <br />#9235v3 <br />