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4.3.5. The Customer shall cause the Authorized Employee to review the Violations Data <br /> and to determine whether a citation shall be issued with respect to each Potential <br /> Violation captured within such Violation Data, and transmit each such <br /> determination in the form of an Electronic Signature to Redflex using the software <br /> or other applications or procedures provided by Redflex on the Redflex System for <br /> such purpose, and REDFLEX HEREBY ACKNOWLEDGES AND AGREES <br /> THAT THE DECISION TO ISSUE A CITATION SHALL BE THE SOLE, <br /> UNILATERAL AND EXCLUSIVE DECISION OF THE AUTHORIZED <br /> EMPLOYEE AND SHALL BE MADE IN SUCH AUTHORIZED EMPLOYEE'S <br /> SOLE DISCRETION (A "CITATION DECISION "), AND IN NO EVENT SHALL <br /> REDFLEX HAVE THE ABILITY OR AUTHORIZATION TO MAKE A <br /> CITATION DECISION. <br /> 4.3.6. With respect to each Authorized Violation, Redflex shall print and mail a Citation <br /> within five (5) days after Redflex's receipt of such authorization; provided, <br /> however, during the Warning Period, warning violation notices shall be issued in <br /> respect of all Authorized Violations; <br /> 4.3.7. Redflex shall provide a toll -free telephone number for the purposes of answering <br /> citizen inquiries <br /> 4.3.8. Redflex shall permit the Authorized Employee to generate reports using the <br /> Redflex Standard Report System. <br /> 4.3.9. Upon Redflex's receipt of a written request from the Customer and in addition to <br /> the Standard Reports, Redflex shall provide, without cost to the Customer, reports <br /> regarding the processing and issuance of Citations, the maintenance and downtime <br /> records of the Designated Intersection Approaches and the functionality of the <br /> Redflex System with respect thereto to the Customer in such format and for such <br /> periods as mutually agreed upon. <br /> 4.3.10. Redflex shall provide, at no cost to Customer, expert court testimony for use by <br /> Customer in prosecuting Violations not to exceed a total of 12 appearances per year. <br /> Court appearances shall be performed by Redflex California employees only. <br /> Should Customer request expert court testimony from Redflex Traffic Systems <br /> Arizona offices such experts shall be provided to the Customer on a cost <br /> reimbursement basis only, which shall include reasonable travel expenses to appear <br /> at the venue for court testimony. <br /> 4.3.11. Such request must be made in writing with no less than fourteen (14) calendar day <br /> notification prior to court proceeding, when feasible and allowable. Otherwise, any <br /> request for testimony made in a reasonable manner and amount of time must be <br /> honored by Redflex. Customer will be provided with a local expert at no cost for up <br /> to 12 court appearances per year; however, <br /> 4.3.12. During the three (3) month period following the Installation Date, Redflex shall <br /> provide such training to Customer personnel as shall be reasonably necessary in <br /> order to allow such personnel to act as expert witnesses on behalf of the Customer <br /> with respect to the Program. <br /> 4.4. Records Retention: Redflex shall retain confidential information to include photographic <br /> evidence and data associated with the Program for a period of up to six (6) months from <br /> the date of the violation or until final disposition of the citation, whichever date is later, <br /> and destroy the violations date thereafter in a manner that will preserve the <br /> confidentiality of any person included in the 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, and <br /> Redflex shall have the right to receive, and the Customer shall be obligated to pay, the <br /> compensation set forth on Exhibit D attached hereto. <br /> 6 <br />