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8. CONFIDENTIALITY <br />If Consultant received from the City Information which due to the nature of such <br />information is reasonably understood to be confidential and/or proprietary, Consultant agrees <br />that it shall not use or disclose such information except in the performance of this Agreement, <br />and further agrees to exercise the same degree of care it uses to protect its own Information of <br />like importance, but in no event less than reasonable care, "Confidential Information" shall <br />include all nonpublic Information. Confidential information Includes not only written information, <br />but 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 Consultant disclosed in a publicly available source; (c) is in rightful possession of the <br />Consultant and disclosed without an obligation of confidentiality; (d) Is required to be disclosed <br />by operation of law; or (e) is independently developed by the Consultant without reference to <br />information disclosed by the City, <br />9. 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 this <br />Agreement. <br />10. 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 mail, postage prepaid, or sent by facsimile or other telegraphic <br />communication in 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 />PA. Box 1988 <br />Santa Ana, California 92702.1988 <br />Facsimile (714) 647-6966 <br />Caples to: <br />and <br />Executive Director of Community Development <br />City of Santa Ana <br />20 Civic Center Plaza (M-25) <br />P.O. Box 1988 <br />Santa Ana, California 92702.1988 <br />Facsimile (714) 647.6549 <br />City Attorney <br />City of Santa Ana <br />20 Civic Center Plaza (M-29) <br />P.O. Box 1988 <br />