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disclosed by operation of law; or (e) is independently developed by the Consultant <br />without 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, <br />direct or indirect, which would conflict in any manner with performance of services <br />specified 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 <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: Public Works Agency — Water Division <br />City of Santa Ana <br />220 South Daisy Avenue <br />Santa Ana, CA 92703 <br />telefacsimile (714) 647-3378 <br />Attn: Nabil Saba <br />To Consultant: Transdyn, Inc. <br />Brian E. Luiz <br />Sr. Vice President <br />5669 Gibralter Drive <br />Pleasanton, CA 94588 <br />Telefacsimile (925) 225-1610 <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, any <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 />machine, addressed as set forth above. For purposes of calculating these time frames, <br />weekends, federal, state, County or City holidays shall be excluded. <br />10. EXCLUSIVITY AND AMENDMENT <br />This Agreement represents the complete and exclusive statement between the City <br />and Consultant, and supersedes any and all other agreements, oral or written, between the <br />