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<br /> <br /> <br /> <br /> <br /> <br /> <br /> subcontractors, agents, employees, or other persons acting on their behalf which relates to the <br /> services described in section 1 of this Agreement; and (2) from any claim that personal injury, <br /> damages, just compensation, restitution, judicial or equitable relief is due by reason of the <br /> negligence, recklessness or willful misconduct of Contractor arising from this Agreement. The <br /> Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the <br /> City, including fees and costs for special counsel to be selected by the City, regarding any action <br /> by a third party asserting that personal injury, damages, just compensation, restitution, judicial or <br /> equitable relief due to personal or property rights arises by reason of effects arising from this <br /> Agreement. City may make all reasonable decisions with respect to its representation in any <br /> legal proceeding. <br /> 6. CONFIDENTIALITY <br /> <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. <br /> 7. CONFLICT OF INTEREST CLAUSE <br /> <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 /> <br /> 8. NOTICE <br /> <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 /> <br /> To City: Executive Director of the Public Works Agency <br /> City of Santa Ana <br /> 20 Civic Center Plaza (M-93) <br /> P.O. Box 1988 <br /> Santa Ana, California 92702 <br /> facsimile (714) 647-5823 <br /> <br /> To Contractor: California Surveying Corporation <br /> 18200 West McDurmott, Suite E <br /> Irvine, California 92614 <br /> <br /> <br /> <br /> <br /> <br /> 3 <br />