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5. GENERAL PROVISIONS
<br />5.1. Representations and Warranties.
<br />5.1.1. Sensys Gatso represents and warrants that at all times during the Term:
<br />a. it has the legal power to enter into the Agreement and any Service Attachment;
<br />b. the Equipment will conform with all written specifications provided by Sensys Gatso to
<br />Customer;
<br />c. the Services described herein will be performed in a workmanlike and professional manner
<br />with due care and skill;
<br />d. it will perform the Services in compliance with all applicable federal, state, and local laws
<br />including without limitation the Fair Labor Standards Act; any statutes regarding qualification
<br />to do business; any statutes prohibiting discrimination because of, or requiring affirmative
<br />action based on, race, creed, color, national origin, age, sex, or other prohibited classification
<br />including without limitation the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101
<br />et seq;
<br />e. it is not barred by law from contracting with Customer or with any other unit of state or local
<br />government as a result of (i) a delinquency in the payment of any tax administered by the
<br />Department of Revenue in the state in which Customer is located unless Sensys Gatso is
<br />contesting, in accordance with the procedures established by the appropriate revenue act, its
<br />liability for the tax or the amount of the tax or (ii) any finding of recovery made against Sensys
<br />Gatso by the Auditor of such state;
<br />f. the only persons, firms, or corporations interested in this Agreement as principals are those
<br />disclosed to Customer prior to the execution of this Agreement and that this Agreement is made
<br />without collusion with any other person, firm, or corporation; and
<br />g. neither it nor any of its principals, shareholders, members, partners, or affiliates, as applicable,
<br />is a person or entity named as a Specifically Designated National and Blocked Person (as
<br />defined in Presidential Executive Order 13224) and that it is not acting, directly or indirectly,
<br />for or on behalf of a Specifically Designated National and Blocked Person. Sensys Gatso
<br />further represents and warrants to Customer that Sensys Gatso and its principals, shareholders,
<br />members, partners, or affiliates, as applicable, are not, directly or indirectly, engaged in, and
<br />are not facilitating, the transactions contemplated by this Agreement on behalf of any person
<br />or entity named as a Specifically Designated National and Blocked Person.
<br />5.1.2. Customer represents and warrants that at all times during the Term:
<br />a. it has the legal power to enter into the Agreement and that it has complied with any and all
<br />applicable federal, state, and local procurement requirements in connection therewith;
<br />b. it has the legal right to grant the licenses set forth in Section 5.2.3, and
<br />c. it will establish Business Rules, and utilize the Services and the System, in compliance with all
<br />applicable federal, state and local laws.
<br />5.1.3. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION 5.1:
<br />a. THE PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND,
<br />WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
<br />IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
<br />PURPOSE, TITLE AND NON-INFRINGEMF,NT AS WELL AS ALL WARRANTIES
<br />ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF
<br />PERFORMANCE.
<br />Sensys Gatso USA, Inc.
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