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compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including <br />death, and claims for property damage, which may arise from the negligence or willful misconduct of <br />Siemens or its contractors, subcontractors, agents, employees, or other persons acting on their behalf <br />which relates to the services described in section 1 of this Agreement. This indemnity and hold harmless <br />agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief <br />suffered, or alleged to have been suffered, by reason of the events referred to in this Section. <br />9. CONFIDENTIALITY <br />If Siemens receives from the City information which due to the nature of such information is <br />reasonably understood to be confidential and /or proprietary, Siemens agrees that it shall not use or <br />disclose such information except in the performance of this Agreement, and further agrees to exercise the <br />same degree of care it uses to protect its own information of like importance, but in no event less than <br />reasonable care. <br />10. CONFLICT OF INTEREST CLAUSE <br />Siemens covenants that it presently has no interests and shall not have interests, direct or indirect, <br />which would conflict in any manner with performance of services specified under this Agreement. <br />11. 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 />With courtesy copies to: <br />Santa Ana Police Department <br />Homeland Security Division <br />60 Civic Center Plaza <br />Santa Ana, CA 92702 <br />To Siemens: Siemens Industry, Inc. <br />Douglas Hicks, Business Development Manager <br />10775 Business Center Drive <br />Cypress, CA 90630 <br />(714) 866 - 289 -3006 Fax Number <br />(714) 252 -1306 Phone Number <br />Doug.Mcks@siemens.com <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 />shall be effective or deemed to have been given three (3) days after it has been deposited in the United <br />States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by <br />telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours <br />after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed <br />r <br />