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6.4. The City will cooperate with NG in obtaining electrical connections at the roadside <br />and NG shall pay all costs associated with such connection and shall pay for all <br />power required by the System. <br />6.5. To allow for proper operation of the System, when known to the City, the City shall <br />provide NG with advance written notice of any modifications proposed to roadways <br />after installation of a System. In the event any such roadway modification requires <br />a material change to the System, the City shall pay the costs reasonably incurred by <br />NG to adapt the affected video monitoring system(s) or fixed speed enforcement <br />unit(s) to make such video monitoring system(s) or fixed speed enforcement unit(s) <br />compatible therewith. Notwithstanding the above, NG makes no guarantee that it <br />will be able to make any such adaptation. In the event that NG is unable to adapt <br />the affected System, then both parties shall be relieved of any further obligations <br />under this Agreement with respect only to the affected System. <br />6.6. During the Term, except as expressly permitted by this Agreement the City shall <br />not use the System, or allow the System's use by a third party, without the prior <br />written permission of NG. <br />7. LIMITED WARRANTY AND LIMITATION ON DAMAGES <br />7.1. NG warrants that the System's functionality will conform in all material respects to <br />the description of the System set forth on Exhibit A. <br />7.2. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, NG HEREBY <br />DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR <br />IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SERVICES AND <br />SYSTEM, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED <br />WARRANTIES OF TITLE, NON -INFRINGEMENT, NON-INTERFERENCE <br />WITH ENJOYMENT, MERCHANTABILITY OR FITNESS FOR ANY <br />PARTICULAR PURPOSE AND ALL WARRANTIES IMPLIED FROM ANY <br />COURSE OF DEALING OR USAGE OF TRADE. THE CITY <br />ACKNOWLEDGES THAT EXCEPT AS EXPRESSLY PROVIDED HEREIN <br />NO OTHER WARRANTIES HAVE BEEN MADE TO MUNICIPALITY BY OR <br />ON BEHALF OF NG OR OTHERWISE FORM THE BASIS FOR THE <br />BARGAIN BETWEEN THE PARTIES. <br />7.3. The City acknowledges and agrees that: <br />7.3.1. The Systems may not detect every speeding violation; <br />7.3.2. Since the System may flag as a violation conduct that is in fact not a <br />violation, the output of the System will require review, analysis and <br />{KZS2229149.DOCX;1/13175.000001/ } <br />10 <br />