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or damages are caused by or result from negligent or intentional acts or omissions of the City, its <br />officers, employees, counsel or agents. <br />CONFIDENTIALITY <br />If Consultant receives from the City information which, due to the nature of such <br />information, is reasonably understood to be confidential and/or proprietary, Consultant agrees <br />that it shall not use or disclose such information except in the performance of this Agreement, <br />and further agrees to exercise the same degree of care it uses to protect its own information of <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 />Any information transferred orally shall be followed by a written notice within 15 days after oral <br />disclosure. Confidential information disclosed to either party by any subsidiary and/or agent of <br />the other party is covered by this Agreement. All Confidential information shall be appropriately <br />marked as such. <br />8. CONFLICT OF INTEREST CLAUSE <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 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 be properly given if delivered in person or <br />mailed by first class or certified mail, postage prepaid, or sent by tele-facsimile 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 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 copy to: <br />Executive Director of Library Services <br />City of Santa Ana <br />26 Civic Center Plaza (M-75) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />Telefacsimile (714) 647-5356 <br />