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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 special order MRO Products owned by SPA <br />and located at City property. <br />H. 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 <br />City of Santa Ana <br />215 S. Center St. <br />Santa Ana, CA 92703 <br />Fax 714-647-3539 <br />To Consultant: Single Point Alliance, Inc. <br />3366 E. La Palma Avenue <br />Anaheim, California 92806 <br />Fax 714-575-6411 <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, and <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 />12. CONFIDENTIALITY <br />If either party receives from the other party information which due to the nature of such <br />information is reasonably understood to be confidential and/or proprietary, the receiving party <br />agrees that it shall not use or disclose such information except in the performance of this <br />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 non- <br />disclosure shall not apply to any information that (a) has been disclosed in publicly available <br />sources; (b) is, through no fault of the receiving party disclosed in a publicly available source; (c) <br />is in rightful possession of the receiving party without an obligation of confidentiality; (d) is <br />25D-7