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<br /> <br /> <br /> <br /> <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 caller //leans. <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 nondisclosure <br /> shall not apply to any information that (a) has been disclosed in publicly avvallable sources; (b) is, <br /> through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful <br /> possession of the Consultant without an obligation of confidentiality; (d) is requihed 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 /> <br /> 8. CONFLICT OF INTEREST CLAUSE <br /> <br /> Consultant covenants that it presently has no interests and shall not have interests, direct <br /> or indirect, which would conflict in any manner wit11 perfor111ance of services specified under <br /> this Agreement. <br /> <br /> 9. NOTICE <br /> <br /> Any notice, tender, demand, deli~Tery, 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, posta` e prepaid, ol~ sent by telefacsimile or other <br /> telegraphic communication in the manner provided in this Section, to the following persons: <br /> <br /> ToCity: <br /> <br /> Clerk of the City COllllcll <br /> City of Santa Arta <br /> 20 Clvlc Center Plaza (M- ~0) <br /> P.O. Box 198 <br /> Santa Ana, CA 92702-1988 <br /> teletacslmlle (714) 647-6956 <br /> <br /> with Colll'tesy CopleS to: <br /> <br /> Executive Director of (NAME OF RELEVANT AGENCY) <br /> City of Santa Ana <br /> ?0 Civic Center Plaza (M-~ <br /> P.O. Box 1988 <br /> Santa Ana, California 92702 <br /> telefacsimile (714) <br /> <br /> and, <br /> <br /> <br /> <br /> <br /> <br /> 4 <br />