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<br />like importance, but in no event less than reasonable care. "Contidential Information" shall <br />include all nonpuhlic information. Confidential information includes not only written <br />information, but also information lranslern:u orally. visually, dectronically, or by other means. <br />Confidential information disclosed to either party by any subsidiary and/or agent of the other <br />pmty is covered by this Agreement. The foregoing 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 ohligation of confidentiality; (d) is required to be <br />disclosed by operation of law; or (e) is imlepemlenlly 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 presently has no interests and shall not have interests, direct <br />or indirect, which would conllicl in any manner with perlormance 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 certified mail, postage prepaid, or sent by telefacsimile or other <br />telegraphic communication in the manner provided in this Section, to the follo\-ving persons: <br /> <br />To City: 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 />With courtesy copies to: <br />Executive Director of Personnel Services <br />City of Santa Ana <br />20 Civic Center Plaza (M-24) <br />P.O. Rox 1988 <br />Santa Ana, Calil(lrnia 92702 <br />telefacsimile (714) 647-531 I <br /> <br />and <br /> <br />City Attorney <br />City of Santa Ana <br />20 Civic Center Plaza (M-29) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />telefacsimile (714) 647-6515 <br /> <br />4 <br />