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CITY OF SANTA ANA <br />RFP NO.: 24-050 <br />FLOW CONTROL VALVE MAINTENANCE PROGRAM <br />to either party by any subsidiary and/or agent of the other party is covered by this Agreement. <br />The foregoing obligations of non-use and nondisclosure shall not apply to any information that <br />(a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant <br />disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an <br />obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is <br />independently developed by the Consultant without reference to information disclosed by the <br />City. <br />12. CONFLICT OF INTEREST CLAUSE <br />Consultant 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 />13. NOTICE <br />Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall <br />be in writing and shall be deemed to be properly given if delivered in person or mailed by first <br />class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the <br />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 />Executive Director, Public Works Agency <br />City of Santa Ana <br />20 Civic Center Plaza (M-21) <br />P.O. Box 1988 <br />Santa Ana, CA 92702 <br />To Consultant: <br />Consultant's Firm Name <br />Address <br />City State, Zip Code <br />Attn : <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 after it has been <br />deposited in the United States mail, duly registered or certified, with postage prepaid, and <br />addressed as set forth above. If sent by fax, communication shall be effective or deemed to have <br />been given twenty-four (24) hours after the time set forth on the transmission report issued by <br />the transmitting facsimile machine, addressed as set forth above. For purposes of calculating <br />City of Santa Ana RFP 24-050 <br />Flow Control Valve Maintenance and Rehabilitation Services <br />Page 35 <br />