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CONFIDENTIALITY <br />if Contractor receives from the City information which due to the nature of such <br />information is reasonably understood to be confidential and/or proprietary, Contractor agrees that <br />it shall not use or disclose such information except in the performance of this Agreement, and <br />further agrees to exercise the same degree of care it uses to protect its own information of like <br />importance, but in no event less than reasonable care. "Confidential Information" shall include <br />all nonpublic information. Confidential information includes not only written information; but <br />also information transferred orally, visually, electronically, or by other means. Confidential <br />information disclosed to either party by any subsidiary and/or agent of the other party is covered <br />by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to <br />any information that (a) has been disclosed in publicly available sources; (b) is, through no fault <br />of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the <br />Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of <br />law; or (e) is independently developed by the Contractor without reference to information <br />disclosed by the City. <br />~. CONFLICT OF INTEREST CLAUSE <br />Contractor covenants that it presently has uo interests and- shall not have interesrs, direct <br />or indirect, which would conflict in any matuter •.vithpePformance of services specified under <br />this Agreement. <br />9. NOTICE ~ , <br />Any notice, t.;nder, demand, delivery, orother communication pursuant to this , <br />" Agreement shall be in writing and shall be deemed 4o beproperly given if delivered in person or <br />mailed by tit: t class or certified mail, postage prepaid, or sent by telefacsimile or other <br />telegrapl!ic communication in the'manner provided in this Section, to the following persons::.'.. <br />To Cay: <br />Deputy City Mgr. for Development Services <br />Community Development Agency ~ City of Santa Ana. <br />20 Civic Center Plaza (M-25) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />and, <br />City Attorney <br />City of Santa Ana <br />20 Civic Center Plaza (Ib1 ~9) <br />P.O. Box 1988 <br />Santa Ana, California 92'102 <br />Telefacsimile (714) 647-6515 <br />