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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 any <br />information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the <br />Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant <br />without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) <br />is independently developed by the Consultant without reference to information disclosed by the <br />City. <br />14. CONFLICT OF INTEREST <br />a. Consultant shall disclose any financial, business, or other relationship with City that <br />may have an impact upon the outcome of this Agreement, or any ensuing City <br />construction project. Consultant shall also list current clients who may have a <br />financial interest in the outcome of this Agreement, or any ensuing City <br />construction project that will follow. <br />b. Consultant hereby certifies that it does not now have, nor shall it acquire any <br />financial or business interest that would conflict with the performance of services <br />under this Agreement. <br />C. Consultant agrees to complete any statements of economic interest if required by <br />either City ordinance or State law. <br />15. REBATES, KICKBACKS, OR OTHER UNLAWFUL CONSIDERATION <br />Consultant warrants that this Agreement was not obtained or secured through rebates <br />kickbacks or other unlawful consideration, either promised or paid to any City employee. For <br />breach or violation of this warranty, City shall have the right in its discretion; to terminate the <br />contract without liability; to pay only for the value of the work actually performed; or to deduct <br />from the contract price; or otherwise recover the full amount of such rebate, kickback or other <br />unlawful consideration. <br />16. 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: Jennifer L. Hall <br />City Clerk <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 />Page 10 <br />