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<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 information includes not only written <br />information, but also information transferred orally, visually, electronically, or by other means. <br />Confidential information disclosed to either party by any subsidiary and/or agent of the other <br />party is covered by this Agreement. The foregoing obligations 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 oflaw; or (e) is independently developed by the Consultant without <br />reference to information disclosed by the City. <br /> <br />8. CONFLICT OF INTEREST CLAUSE <br /> <br />Consultant covenants that it presently has no interests and shall not have interests, direct <br />or indirect, which would conflict in any manner with performance of services specified under <br />this Agreement. <br /> <br />9. 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 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 /> <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-I988 <br />telefacsimile (7I4) 647-6956 <br />With courtesy copy to: <br />Cit Manager <br />City of Santa Ana <br />20 Civic Center Plaza (M-3I) <br />P.O. Box I988 <br />Santa Ana, California 92702 <br />telefacsimile (7I4) 647-6954 <br /> <br />To Consultant: <br /> <br />Glaab & Associates, Inc. <br />927 Calle Negocio, Suite L <br />San Clemente, California 92673 <br />telefacsimile (949) 443-5064 <br />Attn: Janice Glaab <br /> <br />3 <br />