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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 <br />disclosed by operation of law; or (e) is independently developed by the Consultant without <br />reference to information 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 <br />or indirect, which would conflict in any manner with performance of services specified under <br />this Agreement. <br />9. 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: <br />Cleric 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 />Telefacsimile [Fax]: (714) 647-6956 <br />With courtesy copies to: <br />Executive Director of the Personnel Services Department <br />City of Santa Ana <br />P.O. Box 1988 <br />Santa Ana, California 92701-1988 <br />Telefacsimile [Fax]: (714) 647-6930 <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 [Fax]: (714) 647-6515 <br />To Consultant: <br />Dr. Gary Linnemann, M.D. <br />1534 East Warner Avenue, Suite A <br />Santa Ana, CA 92705 <br />Telefacsimile [Fax]: (714) 557-5005 <br />5 <br />