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injury, damages, just compensation, restitution, judicial or equitable relief due to personal or <br />property rights arises out of claims for bodily injury, including death, and claims for property <br />damage, which may arise from the negligent acts, willful misconduct, or omissions of ARAMARK <br />or its contractors, subcontractors, agents, employees, or other persons acting on their behalf in their <br />performance of the services described in section 1 of this Agreement. CITY may make all <br />reasonable decisions with respect to its representation in any legal proceeding. The CITY shall <br />promptly notify ARAMARK of any claim for which indemnity is sought, and shall cooperate with <br />ARAMARK in the investigation and defense of such claim. ARAMARK shall have the sole <br />discretion to defend and settle such claim. <br />CONFIDENTIALITY <br />If either party receives from the other party information which due to the nature of such <br />information is reasonably understood to be confidential and/or proprietary, the receiving party <br />agrees that it shall not use or disclose such information except in the performance of this <br />Agreement, and further agrees to exercise the same degree of care it uses to protect its own <br />information of like importance, but in no event less than reasonable care. "Confidential <br />Information" shall include all nonpublic information. Confidential information includes not only <br />written information, but also information transferred orally, visually, electronically, or by other <br />means, Confidential information disclosed to either party by any subsidiary and/or agent of. the <br />other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure <br />shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, <br />through no fault of the receiving party disclosed in a publicly available source; (c) is in rightful <br />possession of the receiving party without an obligation of confidentiality; (d) is required to be <br />disclosed by operation of law; or (e) is independently developed by the receiving party without <br />reference to information disclosed by the other party. <br />8. CONFLICT OF INTEREST CLAUSE <br />ARAMARK covenants that it presently has no interests 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 />9. 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 />first class or certified mail, postage prepaid, or sent by telefacsimile 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 />telefsesimile: (714) 647-6956 <br />