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<br />like importance, but in no event less than reasonable care. "Confidential Information" shall <br />includc all nonpublic inJumlation. Confidential information includes not only written <br />infonnation, but also informatiun transferred orally, visually, electronically, or by other means. <br />ConJidential information disclosed to either party by any subsidiary and/or agent of the other <br />party is covered hy this Agreement. The foregoing ohligations of non-use and nondisclosure <br />shall not apply tu 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 Jaw; or (e) is independently developed by the Consultant without <br />re!erence to information disclosed by the City. <br /> <br />8. CONFLICT OF INTEREST CLAUSE <br /> <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 /> <br />9. NOTICE <br /> <br />Any notice, tender, demand, delivery, ur other communication pursuant to this <br />Agreement shall be in writing and shan be deemed to be properly given if delivered in person or <br />mailed by first class or certified mail, postage prepaid, or sent by teJefacsimile or other <br />telegraphic eommunicatlOn in the manner provided in this SectlOn, tu the following persons: <br /> <br />Tu City: 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 />With courtesy copies to: <br />Deputy City Manager for <br />Development Services <br />City of Santa Ana <br />20 Civic Center Plaza (M-37) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />telefacsimile (714) 607-2225 <br /> <br />and <br /> <br />City Attorney <br />City of Santa Ana <br />20 Civic Center Plaza (M-29) <br />1'.0. Box 1988 <br />Santa Ana, Calilornia 92702 <br />telefacsimile (714) 647-6515 <br /> <br />4 <br />