|
5.7. UNAUTHORIZED REFERENCES TO REDFLEX. Customer shall not utilize,
<br /> make use of and/or make any reference to Redflex, its name or likeness, its
<br /> affiliated, parent or subsidiary companies or corporations, its logos, insignias,
<br /> trademarks, trade names, brand, websites, property, assets, products or services,
<br /> including, but not limited to, the "SMARTcamTM System ", "Sa1usTm System ",
<br /> "REDFLEXredTM System ", "REDFLEXspeedTM System ", "REDFLEXraiITM
<br /> System ", "REDFLEXstopTM System ", "REDFLEXslimlineTt System ",
<br /> "SMARTopsTm System ", "SMARTsceneTM System"; "PLATESCANTM System"
<br /> and/or and any and all combinations, variants and derivatives thereof, in, on or
<br /> about, Customer marketing, publicity, media, public relations, advertising,
<br /> education or training materials, information, data, papers and /or documents, for
<br /> any reason or purpose, whatsoever, without the prior written approval of Redflex
<br /> which may be withheld, denied, delayed, rejected and/or refused, by Redflex in
<br /> its sole, absolute and unilateral discretion.
<br /> 6. REPRESENTATIONS AND WARRANTIES.
<br /> 6.1. Redflex Representations and Warranties.
<br /> 6.1.1. Authority. Redflex hereby warrants and represents that it has all right,
<br /> power and authority to execute and deliver this Agreement and perform its
<br /> obligations hereunder.
<br /> 6.1.2. Professional Services. Redflex hereby warrants and represents that any
<br /> and all services provided by Redflex pursuant to this Agreement shall be
<br /> performed in a professional and workmanlike manner and, with respect to
<br /> the installation of the Redflex System, subject to applicable law, in
<br /> compliance with all specifications provided to Redflex by the Customer.
<br /> 6.2. Customer Representations and Warranties.
<br /> 6.2.1. Authority. The Customer hereby warrants and represents that it has all
<br /> right, power and authority to execute and deliver this Agreement and
<br /> perform its obligations hereunder.
<br /> 6.2.2. Professional Services. The Customer hereby warrants and represents that
<br /> any and all services provided by the Customer pursuant to this Agreement
<br /> shall be performed in a professional and workmanlike manner.
<br /> 6.3. LIMITED WARRANTIES. EXCEPT AS OTHERWISE PROVIDED IN THIS
<br /> AGREEMENT, REDFLEX MAKES NO WARRANTIES OF ANY KIND,
<br /> EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
<br /> WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
<br /> PARTICULAR PURPOSE, WITH RESPECT TO THE REDFLEX SYSTEM OR
<br /> ANY RELATED EQUIPMENT OR WITH RESPECT TO THE RESULTS OF
<br /> THE CUSTOMER'S USE OF ANY OF THE FOREGOING.
<br /> NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH
<br /> HEREIN, REDFLEX DOES NOT WARRANT THAT ANY OF THE
<br /> DESIGNATED INTERSECTION APPROACHES OR THE REDFLEX
<br /> SYSTEM WILL OPERATE IN THE WAY THE CUSTOMER SELECTS FOR
<br /> USE, OR THAT THE OPERATION OR USE THEREOF WILL BE
<br /> UNINTERRUPTED. THE CUSTOMER HEREBY ACKNOWLEDGES THAT
<br /> THE REDFLEX SYSTEM MAY MALFUNCTION FROM TIME TO TIME,
<br /> AND SUBJECT TO THE TERMS OF THIS AGREEMENT, REDFLEX SHALL
<br /> •
<br /> 10
<br />
|