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i <br /> i <br /> the same degree of care it uses to protect its own information of like importance, but in na event less <br /> than reasonable care, "Confidential Information" shall include all nonpublic information. Confidential <br /> information includes not only written information, but also information transferred oxally, visually, <br /> electronically, or by other means. Confidential information disclosed to either party by any subsidiary <br /> and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use <br /> and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available <br /> sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in <br /> rightfiil possession of the Contractor without an obligation of confidentiality; (d) is required to be <br /> disclosed by operation of law; or (e) is independently developed by the Contractor without reference to <br /> information disclosed by the City. <br /> 9. CONFLICT OF INTEREST CLAUSE <br /> Contractor covenants that it presently has no interests and shall not have interests, direct or <br /> indirect, which would conflict in any manner with performance of services specified under this <br /> Agreement. <br /> 10. NOTICE <br /> Any notice, tender, demand, delivery, or other communication puzsuant to this Agreement shall <br /> be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or <br /> certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the <br /> manner provided in this Section, to the fallowing 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 /> With courtesy copies to: <br /> Executive Dizector of Parks, Recreation and Community Services <br /> City of Santa Ana <br /> 26 Civic Center Plaza (M-75) <br /> P.O. Box 1988 <br /> Santa Ana, California 92702 <br /> and <br /> City Attorney <br /> City of San#a Ana <br /> 20 Civic Center Plaza (M-29) <br /> P.O. Box 1988 <br /> Santa Ana, California 92702 <br /> telefacsimile {714) 647-6515 <br /> <br /> To Contractor: DMS Facility Services <br /> 2320 South Pullman Street <br /> Santa Ana, California 92705 <br /> Telefacsimile (949) 260-1737 <br /> 25C-8 f <br /> <br />