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property owned by such entering party without being deemed guilty of trespass or any other <br />violation of the law; and (iii) City shall purchase all non NAPA branded Stocking Products <br />owned by OCAP and located at City property at City's acquisition cost (list price minus <br />applicable percentage discount). <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: 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, CA 92702-1988 <br />Fax 714- 647-6956 <br />With courtesy copy to: FMSA- Fleet Division <br />City of Santa Ana <br />215 S. Center St. <br />Santa Ana, CA 92703 <br />Fax 714-647-3539 <br />To Consultant: Orange County Auto Parts <br />Mark Akoubian <br />515 E. First Street <br />Santa Ana, CA 92701 <br />Fax 714-547-0981 <br />A party may change its address by giving notice in writing to the other party. Thereafter, <br />any communication shall be addressed and transmitted to the new address. If sent by mail, <br />communication shall be effective or deemed to have been given three (3) days after it has been <br />deposited in the United States mail, duly registered or certified, with postage prepaid, anc <br />addressed as set forth above. If sent by telefacsimile, communication shall be effective or <br />deemed to have been given twenty-four (24) hours after the time set forth on the transmission <br />report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of <br />calculating these time frames, weekends, federal, state, County or City holidays shall be <br />excluded. <br />11. CONFIDENTIALITY <br />City and OCAP may, from time to time, acquire or otherwise receive confidential or <br />proprietary information concerning the other party's products, pricing, business affairs and <br />practices. In consideration of the confidential and proprietary nature of this information, each <br />party agrees, subject to the Freedom of Information Act (FOIA) and the California Public <br />Records Act (CPRA), as follows: <br />(a) All information marked "confidential" or "proprietary" received from the other party <br />shall be regarded by the receiving party, its employees and agents as strictly <br />confidential and will not be disclosed to any third parties or to any of the other <br />affiliates of the receiving party, except as required by law. <br />25D-6