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<br /> <br /> <br /> 9. CONFIDENTIALITY <br /> <br /> If Consultant or its assigned personnel receives from the City information which due to <br /> the nature of such information is reasonably understood to be confidential and/or proprietary, <br /> Consultant agrees that it shall not use or disclose such information except in the performance of <br /> this Agreement, and further agrees to exercise the same degree of care it uses to protect its own <br /> information of like importance, but in no event less than reasonable care. "Confidential <br /> Information" shall include all nonpublic information. Confidential information includes not only <br /> written information, but also information transferred orally, visually, electronically, or by other <br /> means. Confidential information disclosed to either party by any subsidiary and/or agent of the <br /> 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 <br /> sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in <br /> rightful 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 /> 10. 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 this <br /> Agreement. <br /> 11. 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 ofthe 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 <br /> Public Works Agency <br /> City of Santa Ana <br /> 20 Civic Center Plaza (M-36) <br /> P.O. Box 1988 <br /> Santa Ana, California 92702-1988 <br /> telefacsimile (714) 647-5622 <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 <br /> telefacsimile (714) 647-5635 <br /> 25D-6 <br />