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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
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