Laserfiche WebLink
8. CONFIDENTIALITY <br /> <br />Due to the nature of the services provided pursuant to this Agreement, Consultant will <br />be provided information by City that is confidential, including identifying information for <br />City employees. Consultant will maintain strict confidentiality as required by all <br />applicable laws. “Confidential Information" shall include all nonpublic information. <br />Confidential information includes not only written information, but also information <br />transferred orally, visually, electronically, or by other means. Confidential information <br />disclosed to either party by any subsidiary and/or agent of the other party is covered by <br />this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply <br />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 <br />rightful possession of the Consultant and disclosed without an obligation of <br />confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently <br />developed by the Consultant without reference to information disclosed by the City. <br /> <br />In the event of a data breach, Consultant will advise City of the breach as soon as <br />practicable but in no event more than 48 hours after Consultant learns of any data <br />breach involving any information provided to Consultant pursuant to this Agreement. <br />Consultant will comply with all applicable laws regarding notice to any person whose <br />information was provided pursuant to this Agreement whose data has been subject to <br />any breach. <br /> <br />9. CONFLICT OF INTEREST CLAUSE <br /> <br />Consultant covenants that it presently has no interest and shall not have interests, direct <br />or indirect, which would conflict in any manner with performance of services specified <br />under this Agreement. <br /> <br />10. NOTICE <br /> <br />Any notice, tender, demand, delivery, or other communication pursuant to this <br />Agreement shall be in writing and shall be deemed to be properly given if delivered in <br />person or mailed by first class or certified mail, postage prepaid, sent by fax or other <br />telegraphic communication in the manner provided in this Section, to the following <br />persons: <br /> <br />To City: <br /> <br /> City of Santa Ana <br />City Clerk (M-30) <br />20 Civic Center Plaza <br />P.O. Box 1988 <br />Santa Ana, California 92702