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information of like importance, but in no event less than reasonable care. "Confidential <br />Information" shall include all nonpublic information. Confidential Information includes, without <br />limitation, financial, marketing, research and development, organizational, technical, merger or <br />acquisition, and other information related to the other party, information related to released or <br />unreleased software or hardware products, the marketing or promotion of either party's product, a <br />party's business policies or practices, and information received from third parties that a party is <br />obligated to treat as confidential. <br />Confidential information includes not only written information, but also information <br />transferred orally, visually, electronically, or by other means. Confidential information disclosed <br />to either party by any subsidiary and/or agent of the other party is covered by this <br />AGREEMENT. The foregoing obligations of non-use and nondisclosure shall not apply to any <br />information that (a) has been disclosed in publicly available sources; (b) is, through no fault of <br />the party receiving the information hereafter disclosed in a publicly available source; (c) is in <br />rightful possession of the party receiving the information without an obligation of <br />confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently <br />developed by the receiving party without reference to information disclosed by the other party <br />hereunder. <br />8. CONFLICT OF INTEREST CLAUSE <br />OCCC covenants that it presently has no interests and shall not have interests, direct or <br />indirect, which would conflict in any manner with performance of services specified under this <br />AGREEMENT. <br />9. 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 />20 Civic Center Plaza (M-30) <br />P.O. Box 1988 <br />Santa Ana, CA 92702-1988 <br />With courtesy copy to: <br />Executive Director <br />Parks, Recreation & Comm'y Services Agency <br />City of Santa Ana <br />888 W. Santa Ana Blvd., Suite 200 <br />Santa Ana, California 92702 <br />TO OCCC: <br />Executive Director of OCCC <br />Orange County Conservation Corps <br />/SS3 nl, (C~A~/hov4 <br />Anaheim, CA 92807 <br />