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19. TIME IS OF THE ESSENCE <br /> The Parties hereby acknowledge that time is of the essence in performing their obligations <br /> under this Agreement. Failure to comply with milestones and goals stated in this <br /> Agreement, including but not limited to those set forth in Exhibit B of this Agreement, may <br /> constitute a material breach of this Agreement, resulting in its termination, payments <br /> being withheld, Partner Budgets being reduced or adjusted, funding redirected by SCE to <br /> other programs or partners, or other Program modifications as determined by SCE or as <br /> directed by the Commission. <br /> 20. 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 <br /> complaints to supervisory and/or management personnel; (c) documenting each Customer <br /> complaint upon receipt; and (d) directing any Customer complaint that is not resolved <br /> within five (5) Calendar Days of receipt by the City to SCE. <br /> 21. RESTRICTIONS ON MARKETING <br /> 21.1. Use of Commission's Name. No Party may use the name of the Commission <br /> on marketing materials for the Program without prior written approval from the <br /> Commission staff. In order to obtain this written approval, SCE must send a copy of <br /> the planned materials to the Commission requesting approval to use the <br /> Commission name and/or logo. Notwithstanding the foregoing, the Parties shall <br /> disclose their source of funding for the Program by stating prominently on <br /> marketing materials that the Program is "funded by California ratepayers under <br /> the auspices of the California Public Utilities Commission." <br /> 21.2. Use of SCE Name. The City must receive prior review and written approval <br /> from SCE for the use of SCE's name or logo on any marketing or other Program <br /> materials. The City shall allow five (5) Business Days for SCE review and approval. <br /> If the City has not received a response from SCE within the five (5) Business Day <br /> period, then it shall be deemed that SCE has disapproved such use. <br /> 21.3. Use of the City's Name. SCE must receive prior review and written approval <br /> from the City for the use of the City's name or logo on any marketing or other <br /> Program materials. SCE shall allow five (5) Business Days for the City's review and <br /> approval. If SCE has not received a response from the City within the five (5) <br /> Business Day period, then it shall be deemed that the City has disapproved such <br /> use. <br /> 22. RIGHT TO AUDIT <br /> The Parties agrees that the other Party, and/or the Commission, or their respective <br /> <br /> designated representatives, shall have the right to review and to copy any records or <br /> ENERGY LEADER PARTNERSHIP PROGRAM AGREEMENT 19 <br /> 25G-21 <br /> <br />