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foregoing obligations of nonuse and nondisclosure shall not apply to any information that <br />1) has been disclosed in publicly available sources; 2) is, through no fault of the <br />Contractor, disclosed in a publicly available source; 3) is in rightful possession of the <br />Contractor without an obligation of confidentially; 4) is required to be disclosed by <br />operation of law; or 5) is independently developed by the Contractor without reference to <br />information disclosed by the City. <br />VIII.CONFLICT OF INTEREST CLAUSE <br />Contractor covenants that it presently has no interests and shall not have interests, <br />direct or indirect, which would conflict in any manner with performance if services <br />specified under this Agreement. <br />IX.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 <br />person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or <br />other telegraphic communication in the manner provided in the section, to the following <br />persons: <br />To City: <br />Clerk of the City Council <br />City of Santa Ana <br />P.O. Box 1988 M-30 <br />Santa Ana, CA 92702-1988 <br />Fax (714) 647-6956 <br />With courtesy copies to: <br />Executive Director, Public Works Agency <br />City of Santa Ana <br />P.O. Box 1988 M-21 <br />Santa Ana, CA 92702 <br />And: <br />City Attorney <br />City of Santa Ana <br />P.O. Box 1988 M-29 <br />Santa Ana, CA 92702 <br />Fax (714) 647-6515 <br />Contractor <br />X.EXCLUSIVITY AND AMENDMENT <br />This Agreement represents the complete and exclusive statement between the City and <br />Contractor, and supersedes any and all other agreements, oral or written, between the <br />20D-8