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4.3.9. Upon Redflex's receipt of a written request from the Customer and in <br /> addition to the Standard Reports, Redflex shall provide, without cost to the <br /> Customer, reports regarding the processing and issuance of Citations, the <br /> maintenance and downtime records of the Designated Intersection <br /> Approaches and the functionality of the Redflex System with respect thereto <br /> to the Customer in such format and for such periods as mutually agreed <br /> upon. <br /> 4.3.10. Redflex shall provide, at no cost to Customer, expert court testimony for <br /> use by Customer in prosecuting Violations not to exceed 12 a total of <br /> appearances per year. Court appearances shall be performed by Redflex <br /> California employees only. Should Customer request expert court testimony <br /> from Redflex Traffic Systems Arizona offices such experts shall be provided <br /> to the Customer on a cost reimbursement basis only, which shall include <br /> reasonable travel expenses to appear at the venue for court testimony. <br /> 4.3.11. Such request must be made in writing with no less than fourteen (14) <br /> calendar day notification prior to court proceeding, when feasible and <br /> allowable. Otherwise, any request for testimony made in a reasonable <br /> manner and amount of time must be honored by Redflex. Customer will be <br /> provided with a local expert at no cost for up to 12 court appearances per <br /> year; however, <br /> 4.3.12. During the three (3) month period following the Installation Date, Redflex <br /> shall provide such training to Customer personnel as shall be reasonably <br /> necessary in order to allow such personnel to act as expert witnesses on <br /> behalf of the Customer with respect to the Program. <br /> 4.4. Records Retention: Redflex shall retain confidential information to include <br /> photographic evidence and data associated with the Program for a period of up to <br /> six (6) months from the date of the violation or until final disposition of the <br /> citation, whichever date is later, and destroy the violations date thereafter in a <br /> manner that will preserve the confidentiality of any person included in the <br /> violations date. <br /> 4.5. PROSECUTION AND COLLECTION; COMPENSATION. The Customer shall <br /> diligently prosecute Citations and the collection of all Fines in respect thereof, <br /> and Redflex shall have the right to receive, and the Customer shall be obligated <br /> to pay, the compensation set forth on Exhibit D attached hereto. <br /> 4.6. TAXES. Where required by state statute, ordinance or regulation, Redflex shall <br /> pay for and maintain in current status all taxes that are necessary for contract <br /> performance. Unless otherwise indicated, City /Customer agrees to pay any <br /> applicable taxes including but not limited to use, property or sales taxes required <br /> at the municipal, county, state or any other taxing authority level on all <br /> applicable consumer services and materials purchased and/or leased. No charge <br /> by the City /Customer shall be made for federal excise taxes and City /Customer <br /> agrees to furnish Redflex with an exemption certificate where appropriate for any <br /> applicable sales and /or use taxes. <br /> 4.7. OTHER RIGHTS AND OBLIGATIONS. During the Term, in addition to all of <br /> the other rights and obligations set forth in this Agreement, Redflex and the <br /> Customer shall have the respective rights and obligations set forth on Exhibit E <br /> attached hereto. <br /> 7 <br />