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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 Contractor disclosed in a publicly available source; (c) is in rightful possession of the <br />Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of <br />law; or (e) is independently developed by the Contractor without reference to information <br />disclosed by the City. <br />10. CONFLICT OF INTEREST CLAUSE <br />Contractor covenants that it presently has no interest and shall not have interests, direct or <br />indirect, which would conflict in any manner with performance of services specified under this <br />Agreement. <br />11. 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: 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 />To Contractor: <br />Executive Director <br />Public Works Agency <br />City of Santa Ana <br />20 Civic Center Plaza (M-2I ) <br />P.O. Box 1988 <br />Santa Ana, CA 92702 <br />Fax 714-647-5635 <br />Wachter, Inc. <br />17536 Von Karman Ave <br />Irvine, CA 92614 <br />Copy to: <br />Wachter, Inc. <br />16001 West 99th Street <br />Lenexa, KS 66219 <br />Attn: Phil Kennedy <br />A party may change its address by giving notice in writing to the other party. Thereafter, <br />any communication shall be addressed and transmitted to the new address. If sent by mail, <br />communication shall be effective or deemed to have been given three (3) days afler it has been <br />deposited in the United States mail, duly registered or certified, with postage prepaid, and <br />Page 5 of 8 <br />