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disclosed in publicly available sources or was disclosed to the receiving party on a <br />nonconfidential basis from a third party who was not prohibited from disclosing such <br />information as a result of an obligation in favor of the disclosing party; (b) is, through no fault of <br />the receiving party in breach hereof disclosed in a publicly available source; (c) is in rightful <br />possession of the receiving party without an obligation of confidentiality; (d) is required to be <br />disclosed by operation of law, by court order, subpoena, summons or other legal or governmental <br />process; or (e) is independently developed by the receiving party without reference to <br />information disclosed by the other party. <br />10. CONFLICT OF INTEREST CLAUSE <br />Consultant covenants that it presently has no interests, direct or indirect, to its knowledge, <br />which would render Consultant unable to perform the services specified under this Agreement. <br />11. NOTICE <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 person or <br />mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other <br />telegraphic communication in the 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 />telefacsimile (714) 647-6956 <br />With courtesy copies to: <br />Fire Chief <br />City of Santa Ana <br />1439 S. Broadway <br />Santa Ana, California 92707 <br />telefacsimile (714) 647-5779 <br />City Attorney <br />City of Santa Ana <br />20 Civic Center Plaza (M-29) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />telefacsimile (714) 647-6515 <br />To Consultant: Deloitte Consulting LLP <br />Bob Wetzel <br />Two California Plaza <br />350 S. Grand Avenue, Suite 200 <br />