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S. `WIf <br />information of like importance, but in no event less than reasonable care. "Confidential <br />Information' shall include all nonpublic information. Confidential information includes not only <br />written information, but also information transferred orally, visually, electronically, or by other <br />means. Confidential information disclosed to either party by any subsidiary and/or agent of the <br />other party is covered by this Agreement. The foregoing obligations of non-use and <br />nondisclosure shall not apply to any information that (a) has been disclosed in publicly available <br />sources; (b) is, through no fault of the Concessionaire disclosed in a publicly available source; <br />(c) is in rightful possession of the Concessionaire without an obligation of confidentiality; (d) is <br />required to be disclosed by operation of law; or (e) is independently developed by the <br />Concessionaire without reference to information disclosed by the City. <br />8. CONFLICT OF INTEREST CLAUSE <br />Concessionaire 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 specified <br />under 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 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 />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 copies to: <br />Executive Director of Parks and Recreation <br />City of Santa Ana <br />20 Civic Center Plaza (M-23) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />telefacsimile (714) 571-4200 <br />and, <br />