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from its clients or customers, or at which such Person sells or has sold its services;
<br />and
<br />1.4.2. Matters of a technical nature, including but not limited to product information,
<br />trade secrets, know -how, formulae, innovations, inventions, devices, discoveries,
<br />techniques, formats, processes, methods, specifications, designs, patterns,
<br />schematics, data, access or security codes, compilations of information, test results
<br />and research and development projects. For purposes of this Agreement, the term
<br />trade secrets" shall mean the broadest and most inclusive interpretation of trade
<br />secrets.
<br />1.4.3. Notwithstanding the foregoing, Confidential Information will not include
<br />information that: (i) was generally available to the public or otherwise part of the
<br />public domain at the time of its disclosure, (ii) became generally available to the
<br />public or otherwise part of the public domain after its disclosure and other than
<br />through any act or omission by any party hereto in breach of this Agreement,
<br />iii) was subsequently lawfully disclosed to the disclosing party by a person other
<br />than a party hereto, (iv) was required by a court of competent jurisdiction to be
<br />described, or (v) was required by applicable state law to be described.
<br />1.5. "Intersection Approach" means a conduit of travel with up to four (4) contiguous lanes
<br />from the curb (e.g., northbound, southbound, eastbound or westbound) on which at least
<br />one (1) system has been installed by Redflex for the purposes of facilitating the Program
<br />by the Customer.
<br />1.6. "Designated Intersection Approaches" means the Intersection Approaches as Redflex
<br />and the Customer shall mutually agree from time to time. See Exhibit A for the number
<br />of approaches.
<br />1.7. "Electronic Signature" means the method through which the Authorized Employee
<br />indicates his or her approval of the issuance of a Citation in respect of a Potential
<br />Violation using the Redflex System.
<br />1.8. "Enforcement Documentation" means the necessary and appropriate documentation
<br />related to the Program, including but not limited to warning letters, citation notices
<br />using the specifications of the Judicial Council and the City, a numbering sequence for
<br />use on all citation notices (in accordance with applicable court rules), instructions to
<br />accompany each issued Citation (including in such instructions a description of basic
<br />court procedures, payment options and information regarding the viewing of images and
<br />data collected by the Redflex System), chain of custody records, criteria regarding
<br />operational policies for processing Citations (including with respect to coordinating with
<br />the applicable vehicle registry), and technical support documentation for applicable court
<br />and judicial officers .
<br />1.9. "Equipment" means any and all approach cameras, sensors, equipment, components,
<br />products, software and other tangible and intangible property relating to the Program.
<br />1.10.Fine" means a monetary sung assessed for Citation, including but not limited to
<br />bail forfeitures, but excluding suspended fines.
<br />1.11.Governmental Authority" means any domestic or foreign government,
<br />governmental authority, court, tribunal, agency or other regulatory, administrative or
<br />judicial agency, commission or organization, and any subdivision, branch or department
<br />of any of the foregoing.
<br />1.12.Installation Date of the Program" means the date on which Redflex completes
<br />the construction and installation of at least one (1) Intersection Approach in accordance
<br />with the terms of this Agreement so that such Intersection Approach is operational for
<br />the purposes of functioning with the Program.
<br />1.13.Intellectual Property" means, with respect to any Person, any and all now
<br />known or hereafter known tangible and intangible (a) rights associated with works of
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