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party is covered by this Agreement, The foregoing obligations of non -use and nondisclosure <br />shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, <br />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 />10. 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 />11. 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 facsimile or other telegraphic <br />communication in the manner 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 />Public Works Agency <br />20 Civic Center Plaza (M -36) <br />P.O. Box 1988 . <br />Santa Ana, CA 92702-1988 <br />Facsimile: 714 -647 -5635 <br />and City Attorney <br />City of Santa Ana <br />20 Civic Center Plaza (M -29) <br />RO. Box 1988 <br />Santa Ana, California 92702 <br />Facsimile: 714 - 647 -6515 <br />To Consultant: RJM Design Croup <br />Attn: Robert J. Mueting, Principal <br />31591 Camino Capistrano <br />San Juan Capistrano, California 92675 <br />Facsimile: 949 -493 -2690 /Phone: 949 -493 -2600 <br />