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10, CONFIDENTIALITY <br />If Consultant receives from the City information which due to the nature of such <br />information is reasonably understood to be confidential and/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 in no 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 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 any <br />information that (at) 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 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 prescntly has no interest and shall not have interests, director <br />indirect, which would conflict in any manner 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 />first class or certified maul, postage prepaid, or sent by fax or otter telegraphic communication in <br />the manner provided in this Section, to the following persons; <br />1'o 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 />Exeeutivc Director <br />Public Works Agency <br />City of Santa Ana <br />20 Civic Center Plaza (M•21) <br />P.O. Box 1988 <br />Santa Ana, CA 92702 <br />Fax.714-647-5635 <br />.Page 5 of 8 <br />