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<br /> <br /> <br /> <br /> 8. CONFIDENTIALITY <br /> <br /> If Consultant receives from the City information which due to the nature of such <br /> information is reasonably understood to be confidential and/or proprietary, Consultant agrees <br /> that it shall not use or disclose such information except in the performance of this Agreement, <br /> and further agrees to exercise the same degree of care it uses to protect its own information of <br /> like importance, but in no event less than reasonable care. "Confidential Information" shall <br /> include all nonpublic information. Confidential information includes not only written <br /> information, but also information transferred orally, visually, electronically, or by other means. <br /> Confidential information disclosed to either party by any subsidiary and/or agent of the other <br /> party is covered by this Agreement. The foregoing obligations of non-use and no <br /> shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, <br /> through no fault of the Consultant disclosed in a publicly available source; (c) is in rightfill <br /> possession of the Consultant without an obligation of confidentiality; (d) is required to be <br /> disclosed by operation of law; or (e) is independently developed by the Consultant without <br /> reference to information disclosed by the City. <br /> 9. CONFLICT OF INTEREST CLAUSE <br /> Consultant 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 telefacsimile or other <br /> telegraphic communication in the manner provided in this Section, to the following persons: <br /> To City: City of Santa Ana <br /> C/o Clerk of the Council <br /> 20 Civic Center Plaza <br /> P.O. Box 1988 <br /> Santa Ana, CA 92702-1 9 88 <br /> telefacsimile (714) 647-6956 <br /> With copy to: Executive Director of _ <br /> City of Santa Ana <br /> 20 Civic Center Plaza <br /> P.O. Box 1988 <br /> Santa Ana, California 92702 <br /> telefacsimile (714) 973-1461 <br /> and City Attorney <br /> City of Santa Ana <br /> 4 <br />