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and/or agent of the 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 sources; <br />(b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful <br />possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by <br />operation of law; or (e) is independently developed by the Consultant without reference to information <br />disclosed by the City. <br />8. CONFLICT OF INTEREST CLAUSE <br />Consultant covenants that it presently has no interests and shall not have interests, direct or <br />indirect, which would conflict in any manner with performance of services specified under this <br />Agreement. <br />9. NOTICE <br />With the exception of insurance certificates and renewals covered by Section 5.e.iv, above, any <br />notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing <br />and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, <br />postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in <br />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 copies to: <br />and <br />Public Works Agency — Design Engineering <br />Jason Gabriel <br />City of Santa Ana <br />20 Civic Center Plaza (M -36) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />Fax 714- 647 -5635 <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 />Fax 714- 647 -6515 <br />To Consultant: Evan Brooks Associates <br />Hal Suetsugu <br />215 West Seventh Street, Suite 610 <br />Los Angeles, California 90014 <br />Fax 888- 421 -8798 <br />A party may change its address by giving notice in writing to the other party. Thereafter, any <br />communication shall be addressed and transmitted to the new address. If sent by mail, communication <br />259 -6 <br />