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possession of the Consultant and disclosed without an obligation of confidentiality; (d) is <br />required to be disclosed by operation of law; or (c) is independently developed by the Consultant <br />without reference to information disclosed by the City. <br />It. 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 marl, postage prepaid, sent by fax or other telegraphic <br />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 />Santa Ana, CA 92701 <br />Fax 714-647-6956 <br />Copies to: 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 1988 <br />Santa Ana, CA 92702 <br />Fax 714- 647-6515 <br />Consultant: Kapsch TrafficCom USA, Inc. <br />Attn: Philip Jacobs <br />4256 Hacienda Drive, Suite '100 <br />Pleasanton, CA 94588 <br />Fax 925-225-1610 <br />Page 5 of 8 <br />