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<br /> <br /> <br /> disclose such information except in the performance of this Agreement, and further agrees to exercise the <br /> same degree of care it uses to protect its own information of like importance, but in no event less than <br /> reasonable care. "Confidential Information" shall include all nonpublic information. Confidential <br /> information includes not only written information, but also information transferred orally, visually, <br /> electronically, or by other means. Confidential information disclosed to either party by any subsidiary <br /> and/or agent of the 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 sources; <br /> (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful <br /> possession of the Consultant disclosed 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 reference to <br /> information disclosed by the City. <br /> 8. 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 /> 9. NOTICE <br /> Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall <br /> be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or <br /> certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner <br /> provided in this Section, to the following persons: <br /> To City: Clerk of the City Council <br /> City of Santa Ana <br /> 20 Civic Center Plaza (M-30) <br /> P.O. Box 1988 <br /> Santa Ana, California 92702-1988 <br /> Telefacsimile (714) 647-6956 <br /> With courtesy copies to: <br /> Executive Director of the Finance Agency <br /> City of Santa Ana <br /> 20 Civic Center Plaza (M-17) <br /> P.O. Box 1988 <br /> Santa Ana, California 92702-1988 <br /> Telefacsimile (714) 647-5414 <br /> and <br /> City Attorney <br /> City of Santa Ana <br /> 20 Civic Center Plaza (M-29) <br /> P.O. Box 1988 <br /> Santa Ana, California 92702-1988 <br /> Telefacsimile (714) 647-6515 <br /> To Consultant: Dawna "Tai" Whaley <br /> 1691 Kenneth Way <br /> Pasadena, California 91103 <br />