|
1.9. "`Fine" means a monetary sum assessed for Citation, including but -not limited to
<br />bail forfeitures, but excluding suspended fines.
<br />1.10. "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 />1.11. "Installation Date of the Photo Red Li hg t Prog atn" means the date on
<br />which Redflex completes the construction and installation of at least one (1)
<br />Intersection Approach in accordance with the terms of this Agreement so that
<br />such Intersection Approach is operational for the purposes of functioning with
<br />the Redlight Photo Enforcement Program.
<br />1.12. "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 (f) 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 />1.13. "Intersection Approach" means a conduit of travel with up to four (4)
<br />k contiguous lanes from the curb (e.g., northbound, southbound, eastbound or
<br />westbound) on which at least one (1) system has been installed by Redflex for
<br />the purposes of facilitating Redlight Photo Enforcement by the Customer.
<br />1.14. "Operational Period" means the period of time during the Term,
<br />commencing on the Installation Date, during which the Photo Red Light
<br />Enforcement Program is functional in order to permit the identification and
<br />prosecution of Violations at the Designated City Streets and Intersection
<br />Approaches by a sworn police officer and/or certified employee of the Customer
<br />and the issuance of Citations for such approved Violations using the Redflex
<br />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. "Police Project Manager" means the project manager appointed by the
<br />Customer in accordance with this Agreement, which shall be a sworn police
<br />officer and shall be responsible for overseeing the installation of the Intersection
<br />Approaches and the implementation of the Redlight Photo Enforcement Program,
<br />and which manager shall have the power and authority to make management
<br />decisions relating to the Customer's obligations pursuant to this Agreement,
<br />including but not limited to change order authorizations, subject to any
<br />limitations set forth in the Customer's charter or other organizational documents
<br />of the Customer or by the city counsel or other governing body of the Customer.
<br />1.17. "Potential Violation" means, with respect to any motor vehicle passing
<br />through a Designated City Street and/or Intersection Approach, the data collected
<br />3
|