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created pursuant to this Agreement during regular business hours. Consultant shall allow <br />Inspection of all work, data, documents, proceedings, and activities related to this Agreement for <br />a period of three (3) years from the date of final payment to Consultant under this Agreement. <br />9. CONFIDENTIALITY <br />If Consultant receives from the City information which due to the nature of such <br />information is reasonably understood to be confidential and /or proprietary, Consultant agrees <br />that it shall not use or disclose such Information except in the performance of this Agreement, <br />and further agrees to exercise the same degree of care it uses to protect its own information of <br />like importance, but in no event less than reasonable care. "Confidential Information" shall <br />include all nonpublic information. Confidential information includes not only written information, <br />but also information transferred orally, visually, electronically, or by other means. Confidential <br />Information disclosed to either party by any subsidiary and /or agent of the other party is covered <br />by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to <br />any information that (a) has been disclosed in publicly available sources; (b) is, through no fault <br />of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the <br />Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of <br />law; or (e) is independently developed by the Consultant without reference to information <br />CONFLICT OF INTEREST CLAUSE <br />Consultant covenants that it presently has no interests and shall not have interests, <br />direct or indirect, which would conflict in any manner with performance of services specified <br />under this Agreement. <br />11. NOTICE <br />Any notice, tender, demand, delivery, or other communication pursuant to this Agreement <br />shall be in writing and shall be deemed to be properly given If delivered in person or mailed by <br />first class or certified mall, postage prepaid, or sent by fax or other telegraphic communication in <br />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 />Fax 714.647 -6956 <br />With courtesy copies to: <br />and <br />Executive Director — Public Works Agency <br />City of Santa Ana <br />20 Civic Center Plaza (M -85) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />Fax 714- 647 -3308 <br />r <br />