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"Emergency Vehicle Preemption and Transit Priority Detector and Discriminator
<br /> Units" means a combination of devices located on a traffic signal that detects authorized
<br /> requests for emergency vehicle pre - emption, transit vehicle priority, and logs vehicle
<br /> identification information.
<br /> "EPS" means
<br /> "Force Majeure Event" means acts of God, strikes, lockouts, failure or refusal of any
<br /> person or entity (other than a Party) to comply with then existing agreements to obtain or ship
<br /> materials or equipment or other industrial disturbances; acts of a public enemy, war, blockades,
<br /> insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts,
<br /> or other natural disasters; arrests and restraints of governments and people, civil disturbances,
<br /> explosions, restraint by court order or Governmental Entity (other than a Party); and action or
<br /> non - action by or failure to obtain authorizations or approvals, duly sought, from any
<br /> Governmental Entity or authority of competent jurisdiction (other than a Party); and which, by
<br /> the exercise of due diligence, such Party is unable to prevent or overcome.
<br /> "Governmental Approval" shall mean any approval, authorization, certification,
<br /> consent, exemption, filing, lease, license, permit, registration, opinion, or ruling required by or
<br /> with any Governmental Entity in order to perform the operation and maintenance of the Project.
<br /> "Governmental Entity or Entities" shall mean any federal state, local, and any political
<br /> subdivision or any governmental or quasi - governmental, judicial, public or statutory
<br /> instrumentality, administrative agency, authority, body or entity.
<br /> "Governmental Rule(s)" shall mean any statute, law, regulation, ordinance, rule,
<br /> judgment, order, decree, permit, concession, grant, franchise, license, agreement, directive,
<br /> guideline, policy requirement or other governmental restriction or any similar form of decision of
<br /> or determination by, or any interpretation or administration of any of' the foregoing by, any
<br /> Governmental Entity, which is applicable to the operation and maintenance the Project.
<br /> "1-880 Project" shall have the meaning set forth in Recital A.
<br /> "I -880 SMART Corridor" shall have the meaning set forth in Recital C.
<br /> "I -880 SMART Corridor Cities" means the Cities of Hayward, Oakland, San Leandro, •
<br /> and Union City.
<br /> "Indemnitees" shall have the meaning set forth in Section 5.1.
<br /> "Indemnitors" shall have the meaning set forth in Section 5.1.
<br /> "Interconnect System" means communication system for the local agencies to allow
<br /> communication with SMART corridor field devices. Local interconnect system include twisted
<br /> pair, fiber optic, spread spectrum, digital subscription lines, microwave, or any other
<br /> communication medium.
<br /> Smart OM - Version 2 -26-
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