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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 />10. 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 />11. 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 facsimile or other telegraphic <br />communication in the manner provided in this Section, to the following persons: <br />To City: 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 />facsimile (714) 647 -6956 <br />With courtesy copies to: <br />Executive Director of the Public Works Agency <br />City of Santa Ana <br />20 Civic Center Plaza (M -36) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />facsimile (714) 647 -5635 <br />and <br />City Attorney <br />City of Santa Ana <br />20 Civic Center Plaza (M -29) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />facsimile (714) 647 -6515 <br />To Consultant: Lynn Capouya, Inc. <br />17992 Mitchell South <br />Irvine, California 92614 <br />Facsimile (949) 756 -1635 <br />