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<br />like importance, but in no event less than reasonable care. "Confidential Information" shall <br />inclnde all nonpublic information. Confidential information inclndes not only "Tilten <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 foregoiag 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 of law; 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 present! y has no interests and shall not have interests, dircct <br />or indirect, \vhich would conflict in any manner vv'ith 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 he properly given if delivered in person or <br />mailed by first class or eertificd mail, postage prepaid, or sent by teleCacsimile or other <br />telegraphic communication in the manner provided in this Section, to the Coil owing persons: <br /> <br />10 City: <br /> <br />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 /> <br />With courtesy copies to: <br />Deputy City Manager for Development Services <br />City of Santa Ana <br />20 Civic Center Plaza (M-25) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />telefaesimile (714) 647-6549 <br /> <br />and <br /> <br />City Attorney <br />City of Santa Ana <br />20 Civie Center Plaza (M-29) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />tclefacsimile (714) 647-6515 <br /> <br />4 <br />