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and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to <br />comply with this section. <br />6. RELEASE OF INFORMATION <br />a. All information gained by Consultant in performance of this Agreement shall <br />be considered confidential and shall not be released by Consultant without City's prior written <br />authorization. Consultant, its officers, employees, agents or subcontractors, shall not without <br />written authorization from Risk Management Department or unless requested by the City <br />Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response <br />to interrogatories or other information concerning the work performed under this Agreement or <br />relating to any project or property located within the City. Response to a subpoena or court order <br />shall not be considered "voluntary" provided Consultant gives City notice of such court order or <br />subpoena. <br />b. Consultant shall promptly notify City should Consultant, its officers, <br />employees, agents or subcontractors be served with any summons, complaint, subpoena, notice <br />of deposition, request for documents, interrogatories, request for admissions or other discovery <br />request, court order or subpoena from any party regarding this Agreement and the work <br />performed there under or with respect to any project or property located within the City. City <br />retains the right, but has no obligation, to represent Consultant and/or be present at any <br />deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to <br />provide City with the opportunity to review any response to discovery requests provided by <br />Consultant. However, City's right to review any such response does not imply or mean the right <br />by City to control, direct, or rewrite said response. <br />7. NOTICES <br />Any notices which either party may desire to give to the other party under this Agreement <br />must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable <br />document delivery service, such as but not limited to, Federal Express, that provides a receipt <br />showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage <br />prepaid, return receipt requested, addressed to the address of the party as set forth below or at <br />any other address as that party may later designate by Notice. Notice shall be effective upon <br />delivery to the addresses specified below or on the third business day following deposit with the <br />document delivery service or United States Mail as provided above. <br />Mailing Address: City of Santa Ana <br />20 Civic Center Plaza, M-28 <br />Risk Management, 4t" Floor <br />Santa Ana, CA 92701 <br />AND <br />City Clerk <br />City of Santa Ana <br />20 Civic Center Plaza, M-30 <br />Santa Ana, CA 92702 <br />To Consultant: Arthur J. Gallagher & Co., Insurance Brokers of <br />California., Inc. <br />Susan J. Blankenburg <br />San Francisco, CA 94111 <br />415-536-8417 <br />Susan Blankenburgft-aig.com <br />