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<br />like importance, but in no event less than reasonable care. "'Confidential Information" shall <br />include all nonpublic information. Confidential information includes not only written <br />information, but also information transferred orally, visually, electronically, or by other means. <br />Conlidential information disclosed to either party by any subsidiary and/or agent of the other <br />pm1y is covered by this Agreement. The foregoing ohligations 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 availahle 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 /> <br />8. CONFLICT OF INTEREST CLAUSJ<: <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 perfomlance 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 tirst 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 /> <br />To City: <br /> <br />Clerk of the City Conncil <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 /> <br />With conrtesy copies to: <br />Executive Director of the Public Works Agency <br />Traffic Engineering Section <br />City of Santa Ana <br />20 Civic Center Plaza (M-43) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />telefacsimile (714) 647-5616 <br /> <br />and <br /> <br />City Attorney <br />City of Santa Ana <br />20 Civic Center Plaza (M-29) <br />PO. Box 1988 <br />Santa Ana, California 92702 <br />tclelacsimile (714) 647-6515 <br /> <br />4 <br />