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own information of like importance, but in no event less than reasonable care. <br />"Confidential Information" shall include all nonpublic information. Confidential information <br />includes not only written information, but also information transferred orally, visually, <br />electronically, or by other means. Confidential information disclosed to either party by <br />any subsidiary and/or agent of the other party is covered by this Agreement. The <br />foregoing obligations of non-use and nondisclosure shall not apply to any information <br />that (a) has been disclosed in publicly available sources; (b) is, through no fault of the <br />Consultant disclosed in a publicly available source; (c) is in rightful possession of the <br />Consultant without an obligation of confidentiality, (d) is required to be disclosed by <br />operation of law; or (e) is independently developed by the Consultant without reference <br />to Information disclosed by the City. <br />11. CONFLICT OF INTEREST CLAUSE <br />Consultant covenants that it presently has no interests and shall not have <br />interests, direct or indirect, which would conflict in any manner with performance of <br />services specified under this Agreement. <br />12. NOTICE <br />Any notice, tender, demand, delivery, or other communication pursuant to this <br />Agreement shall be in writing and shah be deemed to be properly given if delivered in <br />person or mailed by first class or certified mail, postage prepaid, or sent by fax or other <br />telegraphic communication in the manner provided in this Section, to the following <br />persons: <br />To City: Clerk of the City Council <br />City of Santa Ana <br />20 Civic Center Plaza (M-30) <br />P.O. Sox 1988 <br />Santa Ana, CA 92702-1988 <br />Fax 714- 647-6956 <br />Copies to: 1=xecutive Director - Parks, Recreation & Community Services <br />City of Santa Ana <br />20 Civic Center Plaza (M-75) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />Fax: 714-571-4221 <br />and <br />City Attorney <br />City of Santa Ana <br />20 Civic Center Plaza (M-29) <br />PZ Sox 1988 <br />Santa Ana, California 92702 <br />Fax: 714- 647-6515 <br />To Consultant: <br />Infinity Communications and Consulting, Inc. <br />P.O. Box 999 <br />Bakersfield, CA 93302 <br />