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nonpublic information. Confidential information includes not only written information, but also <br /> information transferred orally, visually, electronically, or by other means. Confidential <br /> 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 /> 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 <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: City Clerk <br /> City of Santa Ana <br /> 20 Civic Center Plaza(M-30) <br /> P.O. Box 1988 <br /> Santa Ana, California 92702 <br /> Fax 714- 647-6956 <br /> Executive Director <br /> Information Technology Dept. <br /> City of Santa Ana <br /> 20 Civic Center Plaza <br /> P.O. Box 1988 <br /> Santa Ana, California 92702 <br /> To Consultant: <br /> EN Engineering, LLC <br /> Attn: Chief Operations Officer <br /> 28100 Torch Parkway <br /> Warrenville, Illinois 60555 <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 /> Page 6 of 9 <br />