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17.2. "Confidential Customer Information" includes, but is not limited to, a Utility <br />customer's name, address, telephone number, account number and all billing and usage <br />information, as well as any Utility customer's information that is marked confidential. If a <br />Party is uncertain whether any information should be considered Confidential Customer <br />Information, such Party. shall contact the Utility prior to disclosing the customer <br />information. <br />17.3. Prior to any approved disclosure of Confidential Customer Information, a Utility <br />may require the disclosing Party to enter into a nondisclosure agreement. <br />17.4. This provision does not prohibit a Party from disclosing non-confidential <br />information concerning the Authorized Work to the Commission in any Commission <br />proceeding, or any Commission-sanctioned meeting or proceeding or other public forum. <br />17.5. Confidential Customer Information materials provided to a Party by another Party <br />during the performance of this Agreement shall be returned upon written request to the <br />original owner of the documents. <br />17.6. The Parties acknowledge that Confidential Customer Information is valuable and <br />unique, and that damages would be an inadequate remedy for breach of this Section 17 <br />and the obligations of the Parties are specifically enforceable. Accordingly, the Parties <br />agree that in the event of a breach or threatened breach of this Section 17 by any Party, the <br />Party whose Confidential Customer Information is implicated in such breach shall be <br />entitled to seek and obtain an injunction preventing such breach, without the necessity of <br />proving damages or posting any bond. Any such relief shall be in addition to, and not in <br />lieu of, money damages or any other available-legal or equitable remedy. <br />18. TIME IS OF THE ESSENCE <br />The Parties hereby acknowledge that time is of the essence in performing their obligations <br />under the Agreement. Failure to comply with deadlines stated in this Agreement may result in <br />termination of this Agreement, payments being withheld or other Program modifications as <br />directed by the Commission. <br />19. CUSTOMER COMPLAINT RESOLUTION PROCESS <br />The Parties shall develop and implement a process for the management and resolution of <br />Customer complaints in an expedited manner including, but not limited to: (a) ensuring <br />adequate levels of professional Customer service staff; (b) direct access of Customer complaints <br />to supervisory and/or management personnel; (c) documenting each Customer complaint upon <br />receipt; and (d) elevating any complaint that is not resolved within five (5) days of receipt to the <br />Utility that serves the Customer. <br />20. RESTRICTIONS ON MARKETING <br />Unless otherwise requested by a Party, all Parties' names or logos in their appropriate trade <br />and service mark identifications shall be included on any and all Program T&E materials. For <br />all other materials, a Party must receive prior written approval from a Party for the use of such <br />Party's name or logo. However, nothing in this section is intended to permit the omission of any <br />17 <br />