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information received by Attorneys from City should be kept in a secure place, and no <br />information about this work may be disclosed to any third party without City's prior written <br />approval. Attorneys shall provide materials directly to the City Attorney, Sonia Carvalho, or <br />selected members of her office, as directed by the City Attorney. All such information and any <br />written product in connection with Attorneys` retention under this Agreement, shalt be marked <br />as "PRIVILEGED AND CONFIDENTIAL / ATTORNEY -WORK PRODUCT" and shall be <br />the property of the City Attorney's Office, and shall be returned/provided to the Office of the <br />City Attorney with all copies upon the request of the City Attorney. Confidential information <br />disclosed to either party by any subsidiary and/or agent of the other party is covered by this <br />Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any <br />information that (a) has been disclosed in publicly available sources; (b) is, through no fault of <br />the Attorneys, disclosed in a publicly available source; (c) is in rightful possession of the <br />Attorneys without an obligation of confidentiality; (d) is required to be disclosed by operation <br />of law; or (e) is independently developed by the Attorneys without reference to information <br />disclosed by the City. <br />11. ,CONFLICT (1F INTEREST. CLAUSE Attorneys covenant that it presently has no <br />interests and shall not have interests, direct or indirect, that would conflict in any manner with <br />performance of services specified under this Agreement. <br />12. NOTICE 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 <br />or mailed by first class or certified mail, postage prepaid, or sent by telefacshnile or other <br />electronic communication in the manner provided in this Section, to the following persons: <br />To City: Clerk of the Council <br />City of Santa Ana <br />20 Civic Center Plaza (NI -30) <br />P.O. Box 1988 <br />Santa Ana, California 92702-1988 <br />Facsimile (714) 647-6956 <br />Courtesy Copy: City Attomey <br />City of Santa Ana <br />20 Civic Center Plaza (M-29) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />Facsimile (714) 647-6515 <br />To Attorneys: Eugene Ramirez, Esq. <br />Manning & Kass, Ellrod, Ramirez, Trester, LLP <br />801 South Figueroa, 15th Floor <br />Los Angeles, California 90017 <br />Telephone: (213) 624-6900 <br />Facsimile: (213) 624-6999 <br />