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<br />". <br /> <br />damage or expense is caused by, or results from, the negligent or intentional acts or <br />omissions of City, its officers, agents, employees or representatives. <br /> <br />c. Neither party hereto may assert against the other party any claim in connection <br />with this Agreement unless the asserting party has given the other party written notice ofthe <br />claim within six (6) months after the asserting party first knew or should have known of the <br />facts giving rise to such claim. <br /> <br />8. EMERGENCIES <br /> <br />Any emergency situation affecting the welfare of Educator's employees or the <br />examinees, including but not limited to riot, fire, flood and natural disaster, shall be <br />immediately communicated between the Parties. <br /> <br />9. CONFIDENTIALITY <br /> <br />Educator and City shall maintain confidentiality oftheir respective records and <br />information, concerning the examinees served pursuant to all applicable federal and/or state <br />laws or regulations as each may exist or be hereafter amended or enacted. <br /> <br />10. CONFLICT OF INTEREST CLAUSE <br /> <br />Educator covenants that it presently has no interests and shall not have interests, <br />direct or indirect, which would conflict in any manner with performance of services specified <br />under this Agreement. <br /> <br />11. 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 <br />or 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: <br /> <br />To Educator: <br /> <br />Clerk ofthe 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 /> <br />Orange County Department of Education <br />200 Kalmus Drive <br />P.O. Box 9050 <br />Costa Mesa, California 92628-9050 <br />telefacsimile 741/ 662-3570 <br />Attn: Susie Kegel <br /> <br />With courtesy copies to: <br /> <br />5 <br />