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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 of law; or (e) is independently developed by the Consultant without <br />reference to information disclosed by the City. <br />8. CONFLICT OF INTEREST CLAUSE <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 />9. NOTICE <br />Any communication pursuant to this Agreement shall be in writing and shall be deemed <br />to be properly given if delivered in person or mailed by first class or certified mail, postage <br />prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in <br />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 copy to: <br />Executive Director of the Community Development Agency <br />City of Santa Ana <br />20 Civic Center Plaza (M-25) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />telefacsimile (714) 647-6736 <br />To Consultant: Parking Design Group, LLP <br />14432 Ventura Blvd., #169 <br />Sherman Oaks, California 91423 <br />telefacsimile 9918) 990-0494 <br />A party may change its address by giving notice in writing to the other party. If sent by <br />mail, communication shall be effective or deemed to have been given three (3) days after it has <br />been deposited in the United States mail, duly registered or certified, with postage prepaid, and <br />addressed as set forth above. If sent by telefacsimile, communication shall be effective or <br />deemed to have been given twenty-four (24) hours after the time set forth on the transmission <br />report issued by the transmitting facsimile machine, addressed as set forth above. For purposes <br />of calculating these time frames, weekends, federal, state, County or City holidays shall be <br />excluded. <br />