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electronically, or by other means. Confidential Information disclosed to either party by any subsidiary <br />and/or agent of the 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 Consultant disclosed in a publicly available source; (c) is in <br />rightful 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 reference to <br />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 or <br />indirect, which would conflict in any manner with performance of services specified under this <br />Agreement. <br />11. 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 fax 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.C. Box 1988 <br />Santa Ana, CA 92702.1988 <br />Fax 714-647-6956 <br />With copies to: <br />To Consultant: <br />City Attorney <br />City of Santa Ana <br />20 Civic Center Plaza (M-29) <br />P.O. sox 1988 <br />Santa Ana, California 92702 <br />Fax 714-647-6515 <br />Brandastic, Inc. <br />3857 Birch Street, 4271 <br />Newport Beach, CA 92660 <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, communication <br />shall be effective or deemed to have been given three (3) days after it has been deposited in the United <br />States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent <br />by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the <br />time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set <br />forth above. For purposes of calculating these time frames, weekends, federal, state, County or City <br />holidays shall be excluded. <br />Page 4 of 8 <br />