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information includes not only written information, but also information transferred orally, visually, <br />electronically, or by other means. Confidential information disclosed to either party by any subsidiary <br />and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and <br />nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; <br />(b) is, through no fault of the Contractor disolosed in a, publicly available source; (c) is in rightful <br />possession of the Contractor an obligation of confidentiality; (d) is required to be disclosed by operation <br />of law; or (e) is independently developed by the Contractor without reference to information disclosed by <br />the City. <br />9. CONFLICT OF INTEREST CLAUSE <br />Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, <br />which would conflict in any manner with the performance of services specified under this Agreement. <br />10. NOTICE <br />Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be <br />in writing and shall be deemed to be properly given if delivered in person or mailed by first class or <br />certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided <br />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.Q. Box 1988 <br />Santa Ana, CA 92702-1988 <br />Fax 714- 647-6956 <br />With courtesy copies to: <br />To Contractor: <br />Executive Director <br />Public Works Agency <br />City of Santa Ana <br />20 Civic Center Plaza <br />Santa Ana, CA 92702 <br />WaterWisePro Training <br />P.O. Box 772 <br />Watsonville, CA 95078 <br />Attn: Steve Hernandez <br />A party may change its address by giving notice in writing to the other party. Thereafter, any <br />communication shall be addressed and transmitted to the new address. If sent by mail, communication <br />shall be effective or deemed to have been given three (3) days after it has been deposited in the United <br />States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by <br />fax., communication shall be effective or deemed to have been given twenty-four (24) hours after the time <br />set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth <br />above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays <br />shall be excluded. <br />0 <br />