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<br />source; (c) is in rightful posscssion of the Consultant without an obligation ofcontidentiality; <br />(d) is required to be disclosed by operation of law; or (e) is independently developcd by the <br />Consuitant without referencc 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 or <br />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, dclivery. ur uther communication pursuant to this Agreement <br />shail be in writing and shail be deemed to be propcrly given if delivered in person nr mailed <br />by first class or certified mail, postage prepaid, or st:nt by teleiacsimile or other telegraphic <br />communication in the manner provided in this Section, to the following persons: <br /> <br />To City: <br /> <br />Clerk of the Council <br />City of Santa Ana <br />20 Civic Center Plaza (M-30) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />telefacsimile (714) 647-6549 <br /> <br />With courtesy copy to: <br />Santa Ana fire Department <br />1439 Soulh Broadway <br />Santa Ana, California 92707 <br /> <br />To Consultant: <br />Mike I-land man <br />63 II Lake Dora Avenue <br />San Diego, California 92119-3128 <br /> <br />A party may change its address by giving notice in writing to the other party. <br />Thereafter; any communication shall be addressed and transmitted to the new address. If sent <br />by mail, communication shall be effective or deemed to have been given three (3) days afler it <br />has been deposited in the United States mail, duly registered or certified, with postage <br />prcpaid, and addressed as set forth above. If sent by telefacsimile, communication shall be <br />eftective or deemed to have been given twenty-four (24) hours after the time set forth on the <br />transmission report issued by the transmitting facsimile machine, addressed as set forth above. <br />For purpos~s of calculating these time frames, weekends, federal, state, County or City <br />holidays shall be cxcluded. <br /> <br />10. EXCLUSIVITY AND AMENDMENT <br /> <br />This Agreement represents the complete and exclusive statement between the City and <br />Consultant, and supersedes any and all other agreements, oral or written, between the parties. <br />In the evt:nt ofa contlict between the terms of this Agreement and any attachments hereto, the <br /> <br />3 <br />