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7. CONFIDENTIALITY <br />If Promoter receives from the City information which due to the nature of such <br />information is reasonably understood to be confidential and/or proprietary, Promoter 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 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 Promoter disclosed in a publicly available source; (c) is in rightful possession of the <br />Promoter without an obligation of confidentiality; (d) is required to be disclosed by operation of <br />law; or (e) is independently developed by the Promoter without reference to information <br />disclosed by the City. <br />S. CONFLICT OF INTEREST CLAUSE <br />Promoter 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 />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 />P.O. Box 1988 <br />Santa Ana, CA 92702-1988 <br />Fax: 714-647-6956 <br />Copies to: Parks, Recreation & Community Services .Agency <br />City of Santa Ana <br />20 Civic Center Plaza. (M-23) <br />Santa Ana, CA 92702 <br />Fax: 714-571-4221 <br />Page 4 of 7 <br />