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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 any <br /> information that(a)has been disclosed in publicly available sources; (b)is,through no fault of the <br /> Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant <br /> without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or(e) <br /> is independently developed. by the Consultant without reference to information disclosed by the <br /> City. <br /> 12. CONFLICT OF INTEREST CLAUSE <br /> Consultant covenants that it presently has no interest 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 /> 13. NOTICE <br /> Any notice, tender, demand, delivery, or other communication pursuant to this Agreement <br /> shall be in writing and shall be deemed to be properly given if delivered in person or mailed by <br /> first class or certified mail,postage prepaid, or sent by fax or other telegraphic communication in <br /> the manner provided in this Section, to the following persons: <br /> To City: City Clerk <br /> City of Santa Ana <br /> 20 Civic Center Plaza(M-30) <br /> P.O. Box 1988 <br /> Santa Ana, CA 92702-1988 <br /> Executive Director <br /> Public Works Agency <br /> City of Santa Ana <br /> 20 Civic Center Plaza(M-21) <br /> P.O. Box 1988 <br /> Santa Ana, CA 92702 <br /> To Consultant: 120 Water, Inc. <br /> 250 S. Elm Street <br /> Zionsville, IN 46077 <br /> Attn: Sarah Hatch <br /> A party may change its address by giving notice in writing to the other party. Thereafter, <br /> any communication shall be addressed and transmitted to the new address. If sent by mail, <br /> communication shall be effective or deemed to have been given three (3) days after it has been <br /> deposited in the United States mail, duly registered or certified, with postage prepaid, and <br /> addressed as set forth above. If sent by fax, communication shall be effective or deemed to have <br /> been given twenty-four(24)hours after the time set forth on the transmission report issued by the <br /> transmitting facsimile machine, addressed as set forth above. For purposes of calculating these <br /> Page 7 of 10 <br />