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available sources; (b) is, through no fault of the Consultant disclosed in a publicly available .source; <br />(c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to <br />be disclosed by operation of law; or (e) is independently developed by the Consultant without <br />reference to information disclosed by the City. <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 under 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: Public Works Agency- Executive Director <br />City Hall — Ross Annex — 41" Floor <br />20 Civic Center Plaza (M =21) <br />Santa Ana, California 92702 <br />Facsimile; 714- 647 -5622 <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: XXXXXX <br />Attn: XXXXXX <br />XXXXXXXX <br />XXXXX, XXXXX XXXXX <br />Facsimile: XXX- XXX -XXXX <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, <br />communication shall be effective or deemed to have been given three (3) days after it has been <br />deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed <br />as set forth above. If sent by facsimile, communication shall be effective or deemed to have been <br />given twenty -four (24) hours after the time set forth on the transmission report issued by the <br />transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time <br />frames, weekends, federal, state, County or City holidays shall be excluded. <br />Em <br />Feasibility Study <br />