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<br />like importancc, but in no cvent less than reasonable carc. "Conlidential Information" shall <br />includc allnonpublic information. Confidential information includes not only written <br />information, but also infonnation 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 Agrccment. The foregoing obligations of non-use and nondisclosurc <br />shall not apply to any information that (a) has been disclosed in publicly available sourccs; (b) is, <br />through no fault of the Consultant discloscd in a publicly available source; (c) is in rightful <br />possession of the Consultant without an obligation of confidentiality; (d) is required to bc <br />discloscd by opcration of law; or ( e) is indepcndently developed by the Consultant without <br />re[erenee to information disclosed by the City. <br /> <br />8. CONFLICT OF INTEREST CLAUSE <br /> <br />Consultant covenants that it presently has no interests amI sball 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, 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 following persons: <br /> <br />To 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 />tclcfacsimile (714) 647-6956 <br /> <br />With courtesy copies to: <br /> <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 />telefacsimilc (714) 647-6736 <br /> <br />and City Attorney <br />City o[ 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 />