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information, but also information transferred orally, visually, electronically, or by other means. <br />Confidential information disclosed to either party by any subsidiary and /or agent of the other <br />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 and disclosed without an obligation of confidentiality; (d) is <br />required to be disclosed by operation of law; or (e) is independently developed by the Consultant <br />without reference to information disclosed by the City. <br />11. CONFLICT OF INTEREST CLAUSE <br />Consultant covenants that it presently has no interest 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 />12, 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, sent by fax or other telegraphic <br />communication in the manner provided in this Section, to the following persons: <br />To City: Cleric of the Council <br />City of Santa Ana <br />20 Civic Center Plaza (M -30) <br />Santa Ana, CA 92701 <br />Fax 714- 647 -6956 <br />With courtesy copies to: <br />Fred Mousavipour <br />Executive Director <br />Public Works Agency <br />City of Santa. Ana <br />20 Civic Center Plaza (M -36) <br />P.O. Box 1988 <br />Santa Ana, CA 92702 <br />Fax 714 - 647 -5622 <br />And City Attorney <br />City of Santa Ana <br />20 Civic Center Plaza (M -29) <br />P,O, Box 1.988 <br />Santa Ana, CA 92702 <br />Fax (714) 647 -6515 <br />Page 5 of 8 <br />