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18. 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 Commissian. <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 oath 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 />Commissian staff. In ordor 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, thou 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 ar 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 />Businoss 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 />designated representatives, shall have the right to review and to copy any records or <br />ENERGY LEADER PARTNERSHIP PROGRAM AGREEMENT 19 <br />