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and further agrees to exercise the same degree of care it uses to protect its own information of like <br />importance, but in no event less than reasonable care. "Confidential Information" shall include all <br />nonpublic information. Confidential information includes not only written information, but also <br />information transferred orally, visually, electronically, or by other means. Confidential information <br />disclosed to either party by any subsidiary and /or agent of the other party is covered by this <br />Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any <br />information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the <br />receiving party disclosed in a publicly available source; (c) is in rightful possession of the receiving <br />party without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) <br />is independently developed by the receiving party without reference to information disclosed by the <br />disclosing party. <br />9. 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 tinder this <br />Agreement. <br />10. NOTICE <br />Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall <br />be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or <br />certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner <br />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 />Facsimile: 714 -647 -6956 <br />Copies to: City of Santa Ana <br />Finance & Management Services Agency <br />20 Civic Center Plaza (M -17) <br />Santa Ana, California 92702 <br />Facsimile: 714- 647 -5414 <br />and 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 />Facsimile: 714 - 647 -6515 <br />To Consultant: Selectron Technologies, Inc. <br />12323 66`1' Avenue <br />Portland, Oregon 97223 <br />Attn: Todd Johnston <br />25KK -8 <br />