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10. CONF'IDFN'TLALI TY <br />If Consultant receives from the City infnrtnnation which duo to the nature of such <br />information is reasonably understood to be confidential annd/or proprietary, Consultant agrees that <br />it 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: inuo event less than reasonable care. "Confidential Information" shall include all <br />nonpublic information, Confidential information includes not only written information, but also <br />information transferred orally, visually, electronically, or by other means. Confidential <br />information disclosed to either partyby any subsidiary andtor agent of the other party is covered <br />by this Agreement. The foregoing obligations ofnon-use and nondisclosure shall not apply to any <br />infimmition that (a) has been disclosed in publicly available sources; (b) is, through no fault of the <br />Consultant disclosed in a publicly available sour ; (c) is in rightful possession of the Consultant <br />without an obligation of confidentiality, (d) is required to be disclosed by operation of law; or (e) <br />is independently developed by the Consultant without reference to information disclosed by the <br />City. <br />11. CONFLICT OF INTEREST CLAUSE <br />Consultant covenants that it presently .has no interest and shall not have interests, direct, or <br />indirect, which would conflict in any man= with performance of services specified under this <br />Agreement. <br />12. NOTICE <br />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 />fust class or certified mail, postage prepaid; or sent by fam or other telegraphic communication in <br />the manner provided in this Section, to the following persons: <br />To City: Clark of the City Cotutcd <br />City of Santa Ana <br />20 Civic Center Plaza (M-30) <br />P.Q.Ilox 1988 <br />Santa Ana, CA 92.702-1988 <br />Fax 714-647-6955 <br />Fred'. aMousavipour <br />Executive Director <br />Public Works Agency <br />City of Santa Ana <br />20 Civic Center Plaza (N1.36) <br />P.O. Box 1988 <br />Santa Asea, CA 92702 <br />Fax 714.647-5622 <br />)L <br />Pup 5;rf8 <br />