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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 />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 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 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 />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. LOBBYING <br />Consultant certifies that no appropriated funds may be expensed by the recipient of a <br />federal contract, grant, loan or cooperative agreement to pay any person for influencing or <br />attempting to influence an officer or employee of any agency, Member of Congress, or an officer <br />or employee of a Member of Congress in connection with awarding of any federal contract, the <br />making of any federal grant or loan, entering into any cooperative agreement and the extension, <br />renewal, amendment or modification of any federal contract, grant, loan or cooperative <br />agreement. <br />If any funds other than Federal appropriated funds have been paid or will be paid to any <br />person for influencing or attempting to influence an officer or employee of any agency, a <br />Member of Congress, an officer or employee of Congress, or any employee of a Member of <br />Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the <br />undersigned shall complete and submit a "Disclosure Form to Report Lobbying", in accordance <br />with its instructions. <br />10. 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 telefacsimile or other <br />telegraphic communication in the manner provided in this Section, to the following persons: <br />To City: <br />Clerk of the City Council <br />