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own information of like importance, but in no event less than reasonable care. <br />"Confidential Information" shall include all nonpublic information. Confidential <br />information includes not only written information, but also information transferred orally, <br />visually, electronically, or by other means. Confidential information disclosed to either <br />party by any subsidiary and/or agent of the other party is covered by this Agreement. <br />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 <br />fault of Omega disclosed in a publicly available source; (c) is in rightful possession of <br />Omega without an obligation of confidentiality; (d) is required to be disclosed by <br />operation of law; or (e) is independently developed by Omega without reference to <br />information disclosed by the City. <br />CONFLICT OF INTEREST CLAUSE <br />Omega covenants that it presently has no interests and shall not have interests, <br />direct or indirect, which would conflict in any manner with performance of services <br />specified under this Agreement. <br />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 <br />person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile <br />or other telegraphic communication in the manner provided in this Section, to the <br />following persons: <br />To City: Chief of Police <br />City of Santa Ana <br />60 Civic Center Plaza (M-18) <br />Santa Ana, California 92702 <br />telefacsimile 714-245-8097 <br />Attn: Robert Brekenfeld <br />To Omega: The Omega Group <br />5160 Carroll Canyon Rd., I` Floor <br />San Diego, California 92121 <br />telefacsimile 858-450-0239 <br />A party may change its address by giving notice in writing to the other party. <br />Thereafter, any communication shall be addressed and transmitted to the new address. If <br />sent by mail, communication shall be effective or deemed to have been given three (3) <br />days after it has been deposited in the United States mail, duly registered or certified, <br />with postage prepaid, and addressed as set forth above. If sent by telefacsimile, <br />communication shall be effective or deemed to have been given twenty-four (24) hours <br />after the time set forth on the transmission report issued by the transmitting facsimile <br />