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work, data, documents,proceedings, and activities related to this Agreement for a period of three <br /> (3) years from the date of final payment to Consultant under this Agreement. <br /> 11. CONFIDE NTIA ITY <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 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 all <br /> nonpublic information. Confidential information includes not only written information, but also <br /> information transferred orally,visually,electronically,or by other means. Confidential information <br /> disclosed to either party by any subsidiary and/or agent of the other party is covered by this <br /> Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any <br /> information that(a)has been disclosed in publicly available sources; (b)is, through no fault of the <br /> Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant <br /> without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) <br /> is independently developed by the Consultant without reference to information disclosed by the <br /> City. <br /> 12. CONFLICT OF INTEREST CLAUSE <br /> Consultant covenants that it presently has no interest and shall not have interests, direct or <br /> indirect, which would conflict in any manner with performance of services specified under this <br /> Agreement. <br /> 13. NOTICE <br /> Any notice, tender, demand, delivery, or other communication pursuant to this Agreement <br /> shall be in writing and shall be deemed to be properly given if delivered in person or mailed by <br /> first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in <br /> the manner provided in this Section,to the following persons: <br /> To City: City Clerk <br /> City of Santa Ana <br /> 20 Civic Center Plaza(M-30) <br /> P.O. Box 1988 <br /> Santa Ana,California 92702 <br /> Fax 714- 647-6956 <br /> Executive Director <br /> Parks,Recreation& <br /> Community Services Agency <br /> City of Santa Ana <br /> 20 Civic Center Plaza <br /> P.O. Box 1988 <br /> Santa Ana, California 92702 <br /> Page 6 of 9 <br />