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include all nonpublic information. Confidential information includes not only written <br />information, but also information transferred orally, visually, electronically, or by other means. <br />Confidential information disclosed to either party by any subsidiary and /or agent of the other <br />party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure <br />shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, <br />through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful <br />possession of the Consultant Without an obligation of confidentiality; (d) is required to be <br />disclosed by operation of law; or (e) is independently developed by the Consultant without <br />reference to information disclosed by the City. <br />9. CONFLICT OF INTEREST CLAUSE <br />Consultant covenants that it presently has no interests and shall not have interests, direct <br />or indirect. which would conflict in any manner with performance of services specified under <br />this Agreement. <br />10. NOTICE <br />Anv 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: Clerk ofthe, C C <br />ity ouncil <br />City of Santa Ana <br />20 Civic Center Plaza (M -30) <br />P.O. Lox 1988 <br />Santa Ana., CA 92702 -1988 <br />Fax: 714- 647 -6956 <br />With courtesy copies to: <br />Executive Director of Personnel Services <br />City of Santa Ana <br />20 Civic Center Plaza (M -28) <br />P.O. Box 1988 <br />Santa Ana. California 92702 <br />Fax: 714- 647 -6994 <br />Attn: Lynn flw,ang <br />and <br />City Attorney <br />City of Santa Ana <br />20 Civic Center Plaza (M -29) <br />P.O. Boa: 1988 <br />Santa Ana. California 92702 <br />teleracsirnile (714) 647 -6515 <br />To Consultant: Pelletier &Associates <br />