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v <br />lilca importance, but in no :event less than reasonable care. "Confidential Information" shall <br />include all npnpublic.anformation. Confidential information inchules not-only written <br />inforrmtion, but also iafiormation taaasfarred orally. visually, electronically, orby other means. <br />.Confidential infcanation disclosed to-cIflrer party by.any subsidiary and/or agent ofthe other <br />party is covered by this Agreement. T7te foregoing obligations ofnon-use and nondisclosure <br />shall not apply to any information that (e) has'bean disclosed tar pnblieiy available souccea (b) is, <br />through no fault of the Consultant disclosed in a publicly available source; (c) is in rightfLl <br />possession oftha Consultant without an obligation of con$dentiality; (d) is required to be <br />disciosed by operation of law; or (e) is independently developed by rho Consultant without <br />reference to infoanation disclosed by the City. <br />S_ COI?IIrLICT OF INTEREST CLAUSE <br />Conaultaatt covenants that it presently hes no interests and shall not have interests, direct <br />,or indirect, which would confliot in any warmer with performance of services speaiffed under <br />this Agreement. <br />9. NOTICE <br />Anynotice, tender, .demand, delivery, or other communication pursuant to this <br />Agreement shall be in writiatig:and shall ba deemed to ba properly given if delivered in parson or <br />mailedby first class or certified mail, postage paepaid, or watt by telefacsimile or other <br />telegraphic communication in the manner provided in this Section,.to the following persons: <br />' To City: Clark of the City Council <br />City of Santa Ana <br />20 Civic Canter Plaza (M-30) <br />- p.O. Hox 1988 <br />Santa Ana, C.4 92702-1988 <br />Fax 714-647-6956 <br />' With courtesy copies to: <br />CltiafofPolice <br />City of Santa Ana Police Department <br />60 Civic Center Plaza <br />Santa Ana, California 92702 <br />and <br />City Attorney <br />City of Santa Ana <br />20 Civic Center.Plaza (M 29) <br />. P_Q.Box 198$: <br />Barite Ana, California 92702 <br />Fax 714-647-651$ <br />4 <br /> <br />25C-11