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for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to <br />have been suffered, by reason of the events referred to in this Section. <br />7. CONFIDENTIALITY <br />If Siemens receives from the City information which due to the nature of such <br />information is reasonably understood to be confidential and /or proprietary, Siemens agrees that it <br />shall not use or disclose such information except in the performance of this Agreement, and <br />further agrees to exercise the same degree of care it uses to protect its own information of like <br />importance, but in no event less than reasonable care. "Confidential Information" shall include <br />all nonpublic information. Confidential information includes not only written information, but <br />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 Siemens disclosed in a publicly available source; (c) is in rightfid possession of the <br />Siemens without an obligation of confidentiality; (d) is required to be disclosed by operation of <br />law; or (e) is independently developed by the Siemens without reference to information disclosed <br />by the City. <br />8. CONFLICT OF INTEREST CLAUSE <br />Siemens 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 />9. NOTICE <br />With the exception of insurance certificates and renewals covered by Section 5.e.iv, <br />above, 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 mail, 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 />25G -6 <br />