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importance, but in no event less than reasonable care. "Confidential Information' shall include all <br />nonpublic information. Confidential information disclosed to either party by any subsidiary and/or <br />agent of the other party is covered by this Agreement. The foregoing obligations of non-use and <br />nondisclosure shall not apply to any information that (a) has been disclosed in publicly available <br />sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in <br />rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be <br />disclosed by operation of law; or (e) is independently developed by the Contractor without <br />reference to information disclosed by the City. <br />11. CONFLICT OF INTEREST CLAUSE <br />Contractor covenants that it presently has no interests and shall not have interests, direct or <br />indirect, which would conflict in any manner with the performance of services specified under this <br />Agreement. <br />12. NOTICE <br />Any notice, tender, demand, delivery, or other communication pursuant to this Agreement <br />shall be in writing and shall be deemed to be properly given if delivered in person or mailed by <br />first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in <br />the manner provided in this Section, to the following persons: <br />To City: Cleric 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 number: <br />With courtesy copies to: <br />To Contractor: <br />City Manager <br />City of Santa Ana <br />20 Civic Center Plaza <br />Santa Ana, CA 92702 <br />Fax: <br />The Illumination Foundation <br />1091 N. Batavia St. <br />Orange, CA 92867 <br />Attn: Paul Leon, CEO <br />Fax number: <br />Page 7 of 11 <br />