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10. CONFIDENTIALITY If Attorneys receive from the City information, which due to the <br />nature of such infonnation is reasonably understood to be confidential and /or proprietary, <br />Attorneys agree that it shall not use or disclose such information except in the perfornance of <br />this Agreement, and further agree to exercise the same degree of care it uses to protect its own <br />information of like importance, but in no event less than reasonable care. "Confidential <br />Information" shall include all nonpublic information. Confidential information includes not only <br />written information, but also information transferred orally, visually, electronically, or by other <br />means. Confidential information disclosed to either party by any subsidiary and /or agent of the <br />other party is covered by this Agreement. The foregoing obligations of non -use and <br />nondisclosure shall not apply to any information that (a) has been disclosed in publicly available <br />sources; (b) is, through no fault of the Attorneys, disclosed in a publicly available source•, (c) is <br />in rightfid possession of the Attorneys without an obligation of confidentiality; (d) is required to <br />be disclosed by operation of law; or (e) is independently developed by the Attorneys without <br />reference to information disclosed by the City. <br />It. CONFLICT OF INTEREST CLAUSE Attorneys covenant that it presently has no <br />interests and shall not have interests, direct or indirect, that would conflict in any manner with <br />performance of services speeifled under this Agreement. <br />12. NOTICE 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 telefacsimile or other <br />telegraphic communication in the manner provided in this Section, to the following persons: <br />To City: Clerk of the Council <br />City of Santa Ana <br />20 Civic Center Plaza (M -30) <br />P.O. Box 1988 <br />Santa Ana, California 92702 -1988 <br />Facsimile (714) 647 -6956 <br />Courtesy Copy: 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 Attorneys: James R. Touchstone, Esq. <br />JONES & MAYER, A.P.L.C. <br />3777 North Harbor Boulevard <br />Fullerton, California 92835 <br />Facsimile: (714) 446 -1448 <br />A party may change its address by giving notice in writing to the other party. Thereafter, any <br />notice, tender, demand, delivery, or other communication shall be addressed and transmitted to <br />the new address. If sent by mail, communication shall be effective or deemed to have been given <br />25H -5 <br />