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business opportunity, additional financing costs or loss of use of any equipment or property, <br /> whether in contract, tort (including negligence), warranty or otherwise, notwithstanding any <br /> indemnity or other provision to the contrary <br /> 7. CONFIDENTIALITY <br /> If Contractor receives from the City information which due to the nature of such <br /> information is reasonably understood to be confidential and/or proprietary, Contractor agrees that <br /> it shall not use or disclose such information except in the performance of this Agreement, and <br /> further agrees to exercise the same degree of care it uses to protect its own information of like <br /> importance, but in no event less than reasonable care. "Confidential Information" shall include <br /> all nonpublic information. Confidential information includes not only written information, but <br /> also information transferred orally, visually, electronically, or by other means. Confidential <br /> information disclosed to either party by any subsidiary and/or agent of the other party is covered <br /> by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to <br /> any information that (a) has been disclosed in publicly available sources; (b) is, through no fault <br /> of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the <br /> Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of <br /> law; or (e) is independently developed by the Contractor without reference to information <br /> disclosed by the City. <br /> 8. CONFLICT OF INTEREST CLAUSE <br /> Contractor 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 /> 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: 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 /> <br /> With courtesy copies to: <br /> Executive Director of Finance and Management Services <br /> City of Santa Ana <br /> 20 Civic Center Plaza (M-11) <br /> P.O. BOX 1988 <br /> 4 <br /> 25C-6 <br /> <br />