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7. CONFIDENTIALI'TY <br />If Consultant receives from the City information which due to the nature of such <br />information is reasonably understood to be confidential and/or proprietary, Consultant agrees <br />that it shall not use or disclose such information except in the performance of this Agreement, <br />and further agrees to exercise the same degree of care it uses to protect its own information of . <br />like importance, but in no event less than reasonable care. "Confidential Information" shall <br />include all nonpublic information. Confidential infon:raation includes not only written <br />information, but also information transferred orally, visually, electronically, or bjr other -means. <br />Confidential information disclosed to either party by any subsidiary anti/or agent of the other <br />party is covered by this Agreement, The.foregoing obligation, of non-use and nondisclosure <br />shall not apply to any information that (a) has been. disclosed in publicly available sources; (b).is, <br />through no fault of the Consultant disclosed in a publicly available -source; (c) is in rightful <br />possession of the Consultant without an obligation of confidentiality; (d) is required to be <br />disclosed by operation of law; or (e) is independently developed by the Consultant without <br />reference to information disclosed by the City. <br />8, CONFLICT OF INTEREST CLAUSE <br />Cons ilfant covenants that it preserrtl;y has no interests and shall not have, intcre6ts, direct, . <br />:= or indirect, which would corj:flict in at,y martaer with performance of'services spocified udder. . <br />this Agreement, <br />90 NO'1'1('F <br />w Any notice, teruder, d.ea and, dc;liverv, or other corm- unication pursuant to this <br />Agreerhent'shall be'iii writing and shall be deemed to be properly given. if delivered in person or <br />mailed by fist: class or r,ertifrcd mail, postage prepaid, stir sent by telefac simile or other <br />telegraphic coninaunication in the manner provided in this Section, to the following persons: <br />To City: <br />Clerk of the City Council <br />City of Santa Ana <br />20 Civic Center Plata (M-30) <br />P.O. Box 1988 <br />Santa..Ana, CA 92702-1988 <br />telefarsimile (714) 647-6956 <br />With courtesy copies to: <br />Deputy City Manager. for Development Services <br />Plarining & Building Agency <br />Pity of Santa Ana <br />20 Civic Center Plaza (M-20) <br />P.O. Box 1988 <br />4 <br />