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like importance, but in no event less than reasonable care. "Confidential Information" shall <br />include al] nonpublic information. Confidential information includes not only written <br />information, but also infonualion 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 foregoing obligations ofnon-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 />S. CONFLICT OF INTEREST CLAUSE <br />Consultan 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 />9. NOTICE <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 certified mail, postage prepaid, or sent by tclefacsimile or other <br />telegraphic communication in the manner provided in this Section, to the following persons: <br />To City: Clerk of the City Council <br />City of Sairta Ana <br />20 Civic Center Ylaza (M-30) <br />P.O. Box 1988 <br />Santa Ana, CA 92702-1988 <br />telelacsimile (714) 647-6956 <br />With courtesy copies to: <br />and, <br />Deputy City Manager for Development Services <br />City of Santa Ana <br />20 Civic Center Plaza (M-37) <br />P.O. Box 1988 <br />Santa Ana, Califomia 92702 <br />telefacsimitc (714) 667-2225 <br />City Attorney <br />City of Santa Ana <br />20 Civic Center Plaza (M-2)) <br />P.O. Bnx 1983 <br />Santa Ana, California 92702 <br />telefacsimile (714) 647-6515 <br />