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<br />Page 6 of 19 <br /> <br /> Is required to be disclosed by operation of law; or <br /> Is independently developed by the FOSAZ without reference to <br />information disclosed by the City. <br /> <br />This confidentiality provision shall survive expiration or termination of this <br />Agreement. <br /> <br />10. CONFLICT OF INTEREST CLAUSE <br /> <br />FOSAZ covenants that it presently has no interest and shall not have interests, <br />direct or indirect, which would conflict in any manner with performance of services <br />specified under this Agreement. <br /> <br />11. GENERAL LICENSE <br /> <br />City hereby grants FOSAZ, its directors, officers, employees, contractors, <br />subcontractors, and consultants a nonexclusive license to enter upon and use the <br />Zoo facilities in connection with FOSAZ’s execution of its responsibilities <br />established by this Agreement, including, but not limited to, organizing small group <br />meetings and large/group community meetings and events at the Zoo, such as <br />fundraising events, programs, and tours of Zoo facilities in connection with this <br />Agreement. Any use of the Zoo facilities by FOSAZ must be approved by the Zoo <br />Director. <br /> <br />12. BACKGROUND AND HEALTH CHECK REQUIREMENTS <br /> <br />12.1 FOSAZ shall not assign any employee, agent, subcontractor or volunteer to <br />provide services pursuant to this Agreement, if that employee, agent, <br />subcontractor or volunteer is required to register as a sex offender under <br />California Penal Code Section 290 et seq, has a conviction for any crime of <br />moral turpitude, has a conviction for a violent felony as defined in California <br />Penal Code Section 667.5(c), or has a conviction for a serious felony as <br />defined in California Penal Code Section 1192.7(c). Disqualifying <br />convictions include but are not limited to, violations of California Penal Code <br />Sections 37, 128, 136. 1 with Section 186. 22, 187, 190- 190.4 and 192(a), <br />205, 206, 207- 209.5, 211, 212, 212. 5, 213, 214, 215, 218- 219, 220, <br />236.1(b) or 236.1(c), 243.4, 261, 261.5, 273.5, 262, 264.1, 266, 266c, 266h, <br />266i, 266j, 267, 269, 272, 273a, 273ab, 273d, 285, 286, 288, 288a, 288.2, <br />288.3, 288.4, 288.5, 288.7, 289, 290, 311.1, 311.2, 311.3, 311.4, 311 , 314, <br />347(a), 368, 417(b), 451(a), 518 with 186. 22, 647.6, 653f(c), 664 and 187, <br />667.5(c), 18745, 18750, or 18755, 12022.53, 11418(b)(1) or (b)(2); <br />Business and Professions Code Section 729. Failure to comply with this <br />Section shall be grounds for immediate termination of this Agreement. <br /> <br />12.2 In accordance with health and safety procedures and policies required by <br />the City for all Zoo staff and volunteers, a tuberculin (TB) <br />Exhibit 1