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4.5. INFRINGEMENT. The Customer shall use its reasonable best efforts to give <br />Redflex prompt notice of any activities or threatened activities of any Person of <br />which it becomes aware that infringes or violates the Redflex Mazks or any of <br />Redflex's Intellectual Property or that constitute a misappropriation of trade <br />secrets or act of unfair competition that might dilute, damage or destroy any of <br />the Redflex Marks or any other Intellectual Property of Redflex. Redflex- shall <br />have the exclusive right, but not the obligation, to take action to enforce such <br />rights and to make settlements with respect thereto. In the event that Redflex <br />commences any enforcement action under this Section 4.5, then the Customer <br />shall render to Redflex such reasonable cooperation and assistance as is <br />reasonably requested by Redflex, and Redflex shall be entitled to any damages or <br />other monetary amount that might be awarded after deduction of actual costs; <br />provided, that Redflex shall reimburse the Customer for any reasonable costs <br />incurred in providing such cooperation and assistance. <br />4.6. INFRINGING USE. The Customer shall give Redflex prompt written notice of <br />any action or claim action or claim, whether threatened or pending, against the <br />Customer alleging that the Redflex Marks, or any other Intellectual Property of <br />Redflex, infringes or violates any patent, trademark, copyright, trade secret or <br />other Intellectual Property of any other Person, and the Customer shall render to <br />Redflex such reasonable cooperation and assistance as is reasonably requested by <br />Redflex in the defense thereof; provided, that Redflex shall reimburse the <br />Customer for any reasonable costs incurred in providing such cooperation and <br />assistance. If such a claim is made and Redflex determines, in the exercise of its <br />sole discretion, that an infringement may exist, Redflex shall have the right, but <br />not the obligation, to procure for the Customer the right to keep using the <br />allegedly infringing items, modify them to avoid the alleged infringement or <br />replace them with non-infringing items. <br />5. Representations and Warranties. <br />S.l .Redflex Representations and Warranties. <br />5.1.1. 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 />5.1.2. 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 />5.2. Customer Representations and Warranties. <br />5.2.1. 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 />5.2.2. 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 />5.3. LIMITED WARRANTIES. EXCEPT AS OTHERWISE PROVIDED IN THIS <br />AGREEMENT, REDFLEX MAKES NO WARRANTIES OF ANY KIND, <br />9