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possession of the Investigators without an obligation of confidentiality; (d) is required to be <br />disclosed by operation of law; or (e) is independently developed by the Investigators without <br />reference to information disclosed by the City. <br />15. CONFLICT OF INTEREST CLAUSE Investigators covenant that it presently has no <br />interests and shall not have interests, direct or indirect, that would conflict in any manner with <br />performance of services specified under this Agreement. <br />16. NOTICE 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 fax or other telegraphic <br />communication in the manner provided in this Section, to the following persons: <br />To City: Clerk of the 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 />Fax:(714) 647-6956 <br />Courtesy Copy: Executive Director of Human Resources <br />City of Santa Ana <br />20 Civic Center Plaza (M-24) <br />Santa Ana, California 92702 <br />Fax:(714) 647-6930 <br />To Investigators: Attention: Steve Rodig <br />RCS Investigations & Consulting, LLC. <br />P.O. Box 29798 <br />Anaheim Hills, California 92809-9798 <br />Phone: (714) 779-2300 <br />A party may change its address by giving notice in writing to the other party. Thereafter, any <br />notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the <br />new address. If sent by mail, communication shall be effective or deemed to have been given three <br />(3) days after it has been deposited in the United States mail, duly registered or certified, with <br />postage prepaid, and addressed as set forth above. If sent by facsimile, communication shall be <br />effective or deemed to have been given twenty-four (24) hours after the time set forth on the <br />transmission report issued by the transmitting facsimile machine, addressed as set forth above. For <br />purposes of calculating these time frames, weekends, federal, state, County or City holidays shall <br />be excluded. <br />17. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and <br />exclusive statement between the City and Investigators, and supersedes any and all other <br />agreements, oral or written, between the parties. In the event of a conflict between the terms of <br />this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This <br />Agreement may not be modified except by written instrument signed by the City and by an <br />authorized representative of Investigators. The parties agree that any terms or conditions of any <br />006085.00005 <br />13457441.1 5 <br />