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policy limits do not act as a limitation upon the amount of indemnification to be provided by the <br /> Partner. <br /> 8. CONFIDENTIALITY <br /> If either party receives from the other party information which due to the nature of such <br /> information is reasonably understood to be confidential and/or proprietary, the receiving party <br /> agrees that it shall not use or disclose such information except in the performance of this <br /> Agreement, and further agrees to exercise the same degree of care it uses to protect its own <br /> information of like importance, but in no event less than reasonable care. "Confidential <br /> Information" shall include all nonpublic information. Confidential information includes not only <br /> written information, but also information transferred orally, visually, electronically, or by other <br /> means. Confidential information disclosed to either party by any subsidiary and/or agent of the <br /> other party is covered by this Agreement. The foregoing obligations of non-use and <br /> nondisclosure shall not apply to any information that (a) has been disclosed in publicly available <br /> sources; (b) is, through no fault of the receiving party disclosed in a publicly available source; (c) <br /> is in rightful possession of the receiving party without an obligation of confidentiality; (d) is <br /> required to be disclosed by operation of law; or (e) is independently developed by the Partner <br /> without reference to information disclosed by the City. <br /> 9. CONFLICT OF INTEREST CLAUSE <br /> Each party 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 /> 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: 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 /> Fax: 714-647-6956 <br /> Copies to: Executive Director, <br /> Parks, Recreation&Community Services Agency <br /> City of Santa Ana <br /> 20 Civic Center Plaza(M-23) <br /> P.O. Box 1988 <br /> Santa Ana, California 92702 <br /> Page 3 of 6 <br />