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<br />7, CONFIDENTIALITY <br /> <br />Tf Consultant receives from the City information which due to the nature of sueh <br />infomlation is reasonably understood to be confidential and/or proprietary, Consultant agrees <br />that it shall not use or disclose such inlonnation except in the performance of this Agreement, <br />and further agrees to exercise the same degree of care it uses to protect its own information of <br />like importance, bul in no evenlless than reasonable care. "Confidential Information" shall <br />include all nonpublic information. Confidential information includes not only writlen <br />infonnation, 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 hy this Agreement. The loregoing obligations of non-use and nondisclosure <br />shall not apply to any inlonnation that (a) has been disclosed in publicly available sources; (h) is, <br />through no fault of the Consultant disclosed in a publicly available source; (e) is in rightful <br />possession of the Consultant without an obligation of confidentiality; (d) is required to be <br />disclosed by opcration of law; or (e) is independently developed by the Consultant without <br />reference to information diselosed by the City. <br /> <br />8, CONFLICT OF INTEREST CLAUSE <br /> <br />Consultant covcnants that it presently has no interests and shall not have interests, direct <br />or indirect, which would conflict in any manner with pertonnance 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 certitled mail, postage prepaid, or sent by telefacsimiIe or other <br />telegraphic communication in the manner provided in this Section, to the following persons: <br /> <br />To City: <br /> <br />City Clerk <br />City of Santa Ana <br />20 Civic Center Plaza (M-30) <br />P.O. Box 1988 <br />Santa Ana, CA 92702-1988 <br />teJcfacsimile (714) 647-6956 <br /> <br />With courtesy copies to: <br /> <br />Community Development Agency <br />City of Santa Ana <br />Housing Division <br />20 Civic Center Plaza (M-37) <br />P.O, Box 1988 <br />Santa Ana, Califomia 92702 <br />lelefacsimile (714) 647-6549 <br /> <br />4 <br />