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1.11. "Governmental Authority" means any domestic or foreign government, <br /> governmental authority, court, tribunal, agency or other regulatory, <br /> administrative or judicial agency, commission or organization, and any <br /> subdivision, branch or department of any of the foregoing. <br /> I.12. "Installation Date of the Program" means the date on which Redflex <br /> completes the construction and installation of at least one (1) Intersection <br /> Approach in accordance with the terms of this Agreement so that such <br /> Intersection Approach is operational for the purposes of functioning with the <br /> Program. <br /> 1.13. "Intellectual Property" means, with respect to any Person, any and all <br /> now known or hereafter known tangible and intangible (a) rights associated with <br /> works of authorship throughout the world, including but not limited to <br /> copyrights, moral rights and mask - works, (b) trademark and trade name rights <br /> and similar rights, (c) trade secrets rights, (d) patents, designs, algorithms and <br /> other industrial property rights, (e) all other intellectual and industrial property <br /> rights (of every kind and nature throughout the universe and however <br /> designated), whether arising by operation of law, contract, license, or otherwise, <br /> and (0 all registrations, initial applications, renewals, extensions, continuations, <br /> divisions or reissues hereof now or hereafter in force (including any rights in any <br /> of the foregoing), of such Person. <br /> I.14. "Operational Period" means the period of time during the Term, <br /> commencing on the Installation Date, during which the Program is functional in <br /> order to permit the issuance of Citations using the Redflex System. <br /> 1.15. "Person" means a natural individual, company, Governmental Authority, <br /> partnership, firm, corporation, legal entity or other business association. <br /> 1.16. "Project Manager" means the project manager appointed by the Customer <br /> in accordance with this Agreement, which shall be an Authorized Employee and <br /> shall be responsible for overseeing the installation of the Intersection Approaches <br /> and the implementation of the Program, and which manager shall have the power <br /> and authority to make management decisions relating to the Customer's <br /> obligations pursuant to this Agreement, including but not limited to change order <br /> authorizations, subject to any limitations set forth in the Customer's charter or <br /> other organizational documents of the Customer or by the city counsel or other <br /> governing body of the Customer. <br /> 1.17. "Potential Violation" means, with respect to any motor vehicle passing <br /> through a Designated Intersection Approach, the data collected by the Redflex <br /> System with respect to such motor vehicle, which data shall be processed by the <br /> Redflex System for the purposes of allowing the Authorized Employee to review <br /> such data and determine whether a traffic violation has occurred. <br /> 1.18. "Proprietary Property" means, with respect to any Person, any written or <br /> tangible property owned or used by such Person in connection with such <br /> Person's business, whether or not such property is copyrightable or also qualifies <br /> as Confidential Information, including without limitation products, samples, <br /> equipment, files, lists, books, notebooks, records, documents, memoranda, <br /> reports, patterns, schematics, compilations, designs, drawings, data, test results, <br /> contracts, agreements, literature, correspondence, spread sheets, computer <br /> programs and software, computer print outs, other written and graphic records <br /> and the like, whether originals, copies, duplicates or summaries thereof, affecting <br /> 3 <br />