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brand, websites, property, assets, products or services, including, but not limited to, the
<br /> "SMARTcamTM System ", "SalusTM Sytem ", "REDFLEXredTM System ",
<br /> "REDFLEXspeedTM System ", "REDFLEXraiITM System ", "REDFLEXstopTM System ",
<br /> "REDFLEXslimlineTM System ", "SMARTopsTM System ", "SMARTsceneTM System";
<br /> "PLATESCANTM System" and/or and any and all combinations, variants and derivatives
<br /> thereof, in, on or about, Customer marketing, publicity, media, public relations,
<br /> advertising, education or training materials, information, data, papers and/or documents,
<br /> for 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 its sole,
<br /> 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, power and
<br /> authority to execute and deliver this Agreement and perform its obligations
<br /> hereunder.
<br /> 6.1.2. Professional Services. Redflex hereby warrants and represents that any and all
<br /> services provided by Redflex pursuant to this Agreement shall be performed in a
<br /> professional and workmanlike manner and, with respect to the installation of the
<br /> Redflex System, subject to applicable law, in compliance with all specifications
<br /> 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 right,
<br /> power and authority to execute and deliver this Agreement and perform its
<br /> obligations hereunder.
<br /> 6.2.2. Professional Services. The Customer hereby warrants and represents that any and
<br /> all services provided by the Customer pursuant to this Agreement shall be
<br /> 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, EXPRESS
<br /> OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF
<br /> MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH
<br /> RESPECT TO THE REDFLEX SYSTEM OR ANY RELATED EQUIPMENT OR
<br /> WITH RESPECT TO THE RESULTS OF THE CUSTOMER'S USE OF ANY OF THE
<br /> FOREGOING. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET
<br /> FORTH HEREIN, REDFLEX DOES NOT WARRANT THAT ANY OF THE
<br /> DESIGNATED INTERSECTION APPROACHES OR THE REDFLEX SYSTEM
<br /> WILL OPERATE IN THE WAY THE CUSTOMER SELECTS FOR USE, OR THAT
<br /> THE OPERATION OR USE THEREOF WILL BE UNINTERRUPTED. THE
<br /> CUSTOMER HEREBY ACKNOWLEDGES THAT THE REDFLEX SYSTEM MAY
<br /> MALFUNCTION FROM TIME TO TIME, AND SUBJECT TO THE TERMS OF THIS
<br /> AGREEMENT, REDFLEX SHALL DILIGENTLY ENDEAVOR TO CORRECT ANY
<br /> SUCH MALFUNCTION IN A TIMELY MANNER.
<br /> 7. TERMINATION.
<br /> 7.1. TERMINATION FOR CAUSE: Either party shall have the right to terminate this
<br /> Agreement by written notice to the other if (i) state statutes are amended to prohibit or
<br /> substantially change the operation of the Program; (ii) the Supreme Court for the State of
<br /> California rules that the Citations from the Program are inadmissible in evidence; or (iii)
<br /> the other party commits any material breach of any of the provisions of this Agreement.
<br /> Either party shall have the right to remedy or cure the cause for termination or breach
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