Common use of APPROVAL OF GENERAL COMMUNICATIONS Clause in Contracts

APPROVAL OF GENERAL COMMUNICATIONS. Competitive Supplier shall cooperate with and assist the Town in the drafting and sending of messages and information to Eligible Consumers concerning the Program or any matter arising under or related to this Agreement or the Program. Competitive Supplier shall, prior to sending any direct mail, advertising, solicitation, bill insert, electronic mail, or other similar written or electronic communication (collectively, “General Communications”) to Participating Consumers (but excluding individually drafted or tailored communications responding to a specific complaint or communication of an individual consumer), provide a copy of such General Communication to the Town for its review (for consistency with the Town’s purposes and goals) and approval. The Town shall have the right to disapprove such General Communications and suggest revisions if it finds the communication inconsistent with the purposes and goals of the Town, factually inaccurate, or likely to mislead provided, however, that: (i) the communication shall be deemed approved if the Town fails to respond within ten (10) Business Days, and (ii) no approval shall be necessary for any communication (a) regarding any emergency situation involving any risk to the public health, safety or welfare; (b) that has been approved by the Department, the DOER; or (c) in the nature of routine monthly or periodic bills, or collection notices, except that any bill insert or message included at the bottom of such bill not within the scope of (a) or (b) above shall require advanced review and approval by the Town; and (iii) no approval or lack of approval shall relieve the Competitive Supplier of its obligations and responsibility for its actions and omissions under this Agreement, or other than as set forth in sub-clause ‘i’ of this Section 7.6, result in a waiver of any rights, remedies or defenses of the Town. The Town may reject or exclude any proposed General Communication that, in its reasonable judgment, is contrary to the interests and objectives of the Program or the Town.

APPROVAL OF GENERAL COMMUNICATIONS. Competitive Supplier shall cooperate with and assist the Town in the drafting and sending of messages and information to Eligible Consumers concerning the Program or any matter arising under or related to this Agreement or the ProgramESA. Competitive Supplier shall, prior Prior to sending any direct mail, advertising, solicitation, bill insert, electronic mail, or other similar written or electronic communication (collectively, “General Communications”) to Participating Consumers (but excluding individually drafted or tailored communications responding to a the specific complaint or communication circumstance of an individual consumer), Competitive Supplier shall provide a copy of such General Communication to the Town for its review (for consistency to determine whether it is consistent with the Town’s purposes and goals) and approvalgoals of the Town. The Town shall have the right to disapprove such General Communications and suggest revisions if it finds the communication inconsistent with the purposes and goals of the Town, factually inaccurate, inaccurate or likely to mislead mislead; provided, however, that: (i) that the communication shall be deemed approved if the Town fails to respond within ten seven (107) Business Days, business days; and (ii) that no approval shall be necessary for any communication (a) regarding any emergency situation involving any risk to the public health, safety or welfare; (b) that which has been approved by or is required by the Department, the DOER, or any other Governmental Authority; or (c) in the nature of routine monthly or periodic bills, or collection notices, except that any bill insert or message included at the bottom of such bill not within the scope of (a) or (b) above shall require advanced review approval. If the Town objects to any General Communication on the grounds it is inconsistent with the purposes and approval goals of the Town, the Competitive Supplier, after consultation as provided in this Article 5.6, may nevertheless elect to send such General Communication provided that it: (i) clearly indicates on such mailing that it has not been endorsed by the Town; and , (ii) has previously provided all Participating Consumers a meaningful chance to opt not to receive such General Communications, (iii) no approval or lack of approval shall relieve has stated in connection with such chance to opt not to receive such communications that “the Competitive Supplier of its obligations and responsibility for its actions and omissions under this Agreement, or other than as set forth in sub-clause ‘i’ of this Section 7.6, result in a waiver of any rights, remedies or defenses of the Town. The Town may reject or exclude any proposed General Communication that, in its reasonable judgment, is contrary wants to the interests and objectives of the Program or the Town.protect Eligible Consumers from receiving marketing materials if you do not wish to do so,” and

APPROVAL OF GENERAL COMMUNICATIONS. Competitive Supplier may only communicate with Program participants and/or use the lists of Eligible Consumers/Program participants to send Department-approved education materials, opt- out notices, or other communications essential to the operation of the Program. Such lists may not be used by Competitive Supplier to market any additional products or services to Eligible Consumers or Program Participants. Competitive Supplier shall cooperate with and assist the Town in the drafting and sending of messages and information to Eligible Consumers concerning the Program or any matter arising under or related to this Agreement or the Program. Competitive Supplier shall, prior to sending any direct mail, advertising, solicitation, bill xxxx insert, electronic mail, or other similar written or electronic communication (collectively, “General Communications”) to Participating Consumers (but excluding individually drafted or tailored communications responding to a specific complaint or communication of an individual consumer), provide a copy of such General Communication to the Town for its review (for consistency with the Town’s purposes and goals) and approval. The Town shall have the right to disapprove such General Communications and suggest revisions if it finds the communication inconsistent with the purposes and goals of the Town, factually inaccurate, not essential to the operation of the program, or likely to mislead provided, however, that: (i) the communication shall be deemed approved if the Town fails to respond within ten (10) Business Days, and (ii) no approval shall be necessary for any communication (a) regarding any emergency situation involving any risk to the public health, safety or welfare; (b) that has been approved by the Department, the DOER; or (c) in the nature of routine monthly or periodic bills, or collection notices, except that any bill xxxx insert or message included at the bottom of such bill xxxx not within the scope of (a) or (b) above shall require advanced review and approval by the Town; and (iii) no approval or lack of approval shall relieve the Competitive Supplier of its obligations and responsibility for its actions and omissions under this Agreement, or other than as set forth in sub-clause ‘i’ of this Section 7.6, result in a waiver of any rights, remedies or defenses of the Town. The Town may reject or exclude any proposed General Communication that, in its reasonable judgment, is contrary to the interests and objectives of the Program or the Town.

APPROVAL OF GENERAL COMMUNICATIONS. Competitive Supplier shall cooperate with and assist the Town in the drafting and sending of messages and information to Eligible Consumers concerning the Program or any matter arising under or related to this Agreement or the ProgramESA. Competitive Supplier shall, prior Prior to sending any direct mail, advertising, solicitation, bill insert, electronic mail, or other similar written or electronic communication (collectively, “General Communications”) to Participating Consumers (but excluding individually drafted or tailored communications responding to a the specific complaint or communication circumstance of an individual consumer), Competitive Supplier shall provide a copy of such General Communication to the Town for its review (for consistency to determine whether it is consistent with the Town’s purposes and goals) and approvalgoals of the Town. The Town shall have the right to disapprove such General Communications and suggest revisions if it finds the communication inconsistent with the purposes and goals of the Town, factually inaccurate, inaccurate or likely to mislead mislead; provided, however, that: (i) that the communication shall be deemed approved if the Town fails to respond within ten seven (107) Business Days, calendar days (not including weekends and holidays); and (ii) that no approval shall be necessary for any communication (a) regarding any emergency situation involving any risk to the public health, safety or welfare; (b) that which has been approved by the Department, the DOER, or any other Governmental Authority; or (c) in the nature of routine monthly or periodic bills, or collection notices, except that any bill insert or message included at the bottom of such bill not within the scope of (a) or (b) above shall require advanced review approval. If the Town objects to any General Communication on the grounds it is inconsistent with the purposes and approval goals of the Town, the Competitive Supplier, after consultation as provided in this Article 5.6, may nevertheless elect to send such General Communication provided that it: (i) clearly indicates on such mailing that it has not been endorsed by the Town; and , (iiiii) no approval or lack of approval shall relieve the Competitive Supplier of its obligations and responsibility for its actions and omissions under this Agreement, or other than as set forth in sub-clause ‘i’ of this Section 7.6, result in has previously provided all Participating Consumers a waiver of any rights, remedies or defenses of the Town. The Town may reject or exclude any proposed meaningful chance to opt not to receive such General Communication that, in its reasonable judgment, is contrary to the interests and objectives of the Program or the Town.Communications,

APPROVAL OF GENERAL COMMUNICATIONS. Competitive Supplier shall reasonably cooperate with and assist the Town in the drafting and sending of messages and information to Eligible Consumers concerning the Program or any matter arising under or related to this Agreement or the ProgramESA. Competitive Supplier shall, prior Prior to sending any direct mail, advertising, solicitation, bill xxxx insert, electronic mail, or other similar written or electronic communication (collectively, “General Communications”) to Participating Consumers (but excluding individually drafted or tailored communications responding to a the specific complaint or communication circumstance of an individual consumer), Competitive Supplier shall provide a copy of such General Communication to the Town for its review (for consistency to determine whether it is consistent with the Town’s purposes and goals) and approvalgoals of the Town. The Town shall have the right to disapprove such General Communications and suggest revisions if it finds the communication inconsistent with the purposes and goals of the Town, factually inaccurate, inaccurate or likely to mislead mislead; provided, however, thatthat the Town’s approval shall not be unreasonably withheld and: (i) that the communication shall be deemed approved if the Town fails to respond within ten seven (107) Business Days, calendar days (not including weekends and holidays); and (ii) that no approval shall be necessary for any communication (a) regarding any emergency situation involving any risk to the public health, safety or welfare; (b) that which has been approved by the Department, the DOER, or any other Governmental Authority; or (c) in the nature of routine monthly or periodic bills, or collection notices, except that any bill xxxx insert or message included at the bottom of such bill xxxx not within the scope of (a) or (b) above shall require advanced review approval (not to be unreasonably withheld). If the Town objects to any General Communication on the grounds it is inconsistent with the purposes and approval goals of the Town, the Competitive Supplier, after consultation as provided in this Article 5.6, may nevertheless elect to send such General Communication provided that it: (i) clearly indicates on such mailing that it has not been endorsed by the Town; and , (ii) has previously provided all Participating Consumers a meaningful chance to opt not to receive such General Communications, (iii) no approval or lack of approval shall relieve has stated in connection with such chance to opt not to receive such communications that “the Competitive Supplier of its obligations Town wants to protect Eligible Consumers from receiving marketing materials if you do not wish to do so,” and responsibility for its actions and omissions under this Agreement, or other than (iv) has otherwise sought input from the Town as set forth in sub-clause ‘i’ of this Section 7.6, result in to the means by which Eligible Consumers are given a waiver of chance to remove their names from any rights, remedies or defenses of the Townlist which may receive General Communications. The Town may reject or exclude any proposed General Communication that, in its reasonable judgment, is contrary to the interests and objectives of the Program or the Town; provided, however, any such right of rejection or exclusion shall not apply to Completive Supplier’s notice to exercise or enforce its rights under the ESA or Customer Agreement, including but not limited to any notice of Force Majeure or Change in Law.

APPROVAL OF GENERAL COMMUNICATIONS. Competitive Supplier shall cooperate with and assist the Town Municipality in the drafting and sending of messages and information to Eligible Consumers or Participating Customers concerning the Program or any matter arising under or related to this Agreement or the ProgramESA. Competitive Supplier shall, prior to sending sending, whether directly or through its Associated Entities, any direct mail, advertising, solicitation, bill insert, electronic mail, or other similar written or electronic communication (collectively, “"General Communications”") to Eligible or Participating Consumers Customers (but excluding individually drafted or tailored communications responding to a the specific complaint or communication circumstance of an individual consumercustomer), provide a copy of such General Communication to the Town Municipality and to Program Manager for its review (for consistency to determine whether it is consistent with the Town’s purposes and goals) goals of the Municipality and approvalProgram Manager, except that approval shall not be required for any communications that are standardized by the Governmental Rules or applicable law, in which case they will be considered already approved by all Parties. The Town Municipality and Program Manager understand that time is of the essence regarding their review and that Competitive Supplier is dependent on their timeliness to ensure that its obligations are met. The Municipality or Program Manager shall have the right to disapprove such General Communications and suggest revisions if it finds the communication inconsistent with the purposes and goals of the TownMunicipality, factually inaccurate, inaccurate or likely to mislead mislead; provided, however, that: (i) that the communication shall be deemed approved if the Town Municipality and Program Manager fails to respond within ten seven (107) Business Days, calendar days (not including weekends and holidays); and (ii) that no approval shall be necessary for any communication (a) regarding any emergency situation involving any risk to the public health, safety or welfare; or (b) that has been approved by the Department, the DOER; or (c) in the nature of routine monthly or periodic bills, or collection notices, except that any bill insert or message included at the bottom of in such bill not within the scope of (a) or (b) above shall require advanced review approval. If the Municipality objects to any General Communication on the grounds it is inconsistent with the purposes and approval goals of the Municipality, the Competitive Supplier, after consultation as provided in this Article 5.6, may nevertheless elect to send such General Communication provided that it: (i) clearly indicates on such communication that it has not been endorsed by the Town; Municipality, and (iiiii) no approval or lack of approval shall relieve the Competitive Supplier of its obligations and responsibility for its actions and omissions under this Agreement, or other than as set forth in sub-clause ‘i’ of this Section 7.6, result in has previously provided all Participating Customers a waiver of any rights, remedies or defenses of the Townmeaningful chance to opt not to receive such General Communications. The Town Municipality may reject or exclude any proposed General Communication that, in its reasonable judgment, is contrary to the interests and objectives of the Program or the TownMunicipality, provided, however, any such right of rejection or exclusion shall not apply to Completive Supplier’s notice to exercise or enforce its rights under the ESA, including but not limited to any notice of Force Majeure or Change in Law.

APPROVAL OF GENERAL COMMUNICATIONS. Competitive Supplier may only communicate with Program participants and/or use the lists of Eligible Consumers/Program participants to send Department-approved education materials, opt- out notices, or other communications essential to the operation of the Program. Such lists may not be used by Competitive Supplier to market any additional products or services to Eligible Consumers or Program Participants. Competitive Supplier shall cooperate with and assist the Town in the drafting and sending of messages and information to Eligible Consumers concerning the Program or any matter arising under or related to this Agreement or the Program. Competitive Supplier shall, prior to sending any direct mail, advertising, solicitation, bill insert, electronic mail, or other similar written or electronic communication (collectively, “General Communications”) to Participating Consumers (but excluding individually drafted or tailored communications responding to a specific complaint or communication of an individual consumer), provide a copy of such General Communication to the Town for its review (for consistency with the Town’s purposes and goals) and approval. The Town shall have the right to disapprove such General Communications and suggest revisions if it finds the communication inconsistent with the purposes and goals of the Town, factually inaccurate, not essential to the operation of the program, or likely to mislead provided, however, that: (i) the communication shall be deemed approved if the Town fails to respond within ten (10) Business Days, and (ii) no approval shall be necessary for any communication (a) regarding any emergency situation involving any risk to the public health, safety or welfare; (b) that has been approved by the Department, the DOER; or (c) in the nature of routine monthly or periodic bills, or collection notices, except that any bill insert or message included at the bottom of such bill not within the scope of (a) or (b) above shall require advanced review and approval by the Town; and (iii) no approval or lack of approval shall relieve the Competitive Supplier of its obligations and responsibility for its actions and omissions under this Agreement, or other than as set forth in sub-clause ‘i’ of this Section 7.6, result in a waiver of any rights, remedies or defenses of the Town. The Town may reject or exclude any proposed General Communication that, in its reasonable judgment, is contrary to the interests and objectives of the Program or the Town.

APPROVAL OF GENERAL COMMUNICATIONS. Competitive Supplier shall cooperate with and assist the Town in the drafting and sending of messages and information to Eligible Consumers concerning the Program or any matter arising under or related to this Agreement or the ProgramESA. Competitive Supplier shall, prior Prior to sending any direct mail, advertising, solicitation, bill xxxx insert, electronic mail, or other similar written or electronic communication (collectively, “General Communications”) to Participating Consumers (but excluding individually drafted or tailored communications responding to a the specific complaint or communication circumstance of an individual consumer), Competitive Supplier shall provide a copy of such General Communication to the Town for its review (for consistency to determine whether it is consistent with the Town’s purposes and goals) and approvalgoals of the Town. The Town shall have the right to disapprove such General Communications and suggest revisions if it finds the communication inconsistent with the purposes and goals of the Town, factually inaccurate, inaccurate or likely to mislead mislead; provided, however, that: (i) that the communication shall be deemed approved if the Town fails to respond within ten seven (107) Business Days, business days; and (ii) that no approval shall be necessary for any communication (a) regarding any emergency situation involving any risk to the public health, safety or welfare; (b) that which has been approved by or is required by the Department, the DOER, or any other Governmental Authority; or (c) in the nature of routine monthly or periodic bills, or collection notices, except that any bill xxxx insert or message included at the bottom of such bill xxxx not within the scope of (a) or (b) above shall require advanced review approval. If the Town objects to any General Communication on the grounds it is inconsistent with the purposes and approval goals of the Town, the Competitive Supplier, after consultation as provided in this Article 5.6, may nevertheless elect to send such General Communication provided that it: (i) clearly indicates on such mailing that it has not been endorsed by the Town; and , (ii) has previously provided all Participating Consumers a meaningful chance to opt not to receive such General Communications, (iii) no approval or lack of approval shall relieve has stated in connection with such chance to opt not to receive such communications that “the Competitive Supplier of its obligations and responsibility for its actions and omissions under this Agreement, or other than as set forth in sub-clause ‘i’ of this Section 7.6, result in a waiver of any rights, remedies or defenses of the Town. The Town may reject or exclude any proposed General Communication that, in its reasonable judgment, is contrary wants to the interests and objectives of the Program or the Town.protect Eligible Consumers from receiving marketing materials if you do not wish to do so,” and

APPROVAL OF GENERAL COMMUNICATIONS. Competitive Supplier shall cooperate with and assist the Town in the drafting and sending of messages and information to Eligible Consumers concerning the Program or any matter arising under or related to this Agreement or the ProgramESA. Competitive Supplier shall, prior to sending any direct mail, advertising, solicitation, bill xxxx insert, electronic mail, or other similar written or electronic communication (collectively, “General Communications”) to Participating Consumers (but excluding individually drafted or tailored communications responding to a the specific complaint or communication circumstance of an individual consumer), provide a copy of such General Communication to the Town for its review (for consistency to determine whether it is consistent with the Town’s purposes and goals) and approvalgoals of the Town. The Town shall have the right to disapprove such General Communications and suggest revisions if it finds the communication inconsistent with the purposes and goals of the Town, factually inaccurate, inaccurate or likely to mislead mislead; provided, however, that: (i) that the communication shall be deemed approved if the Town fails to respond within ten seven (107) Business Days, calendar days (not including weekends and holidays); and (ii) that no approval shall be necessary for any communication (a) regarding any emergency situation involving any risk to the public health, safety or welfare; (b) that which has been approved by the Department, the DOER, or any other Governmental Authority; or (c) in the nature of routine monthly or periodic bills, or collection notices, except that any bill xxxx insert or message included at the bottom of such bill xxxx not within the scope of (a) or (b) above shall require advanced review approval. If the Town objects to any General Communication on the grounds it is inconsistent with the purposes and approval goals of the Town, the Competitive Supplier, after consultation as provided in this Article 5.6, may nevertheless elect to send such General Communication provided that it: (i) clearly indicates on such mailing that it has not been endorsed by the Town; and , (iiiii) no approval or lack of approval shall relieve the Competitive Supplier of its obligations and responsibility for its actions and omissions under this Agreement, or other than as set forth in sub-clause ‘i’ of this Section 7.6, result in has previously provided all Participating Consumers a waiver of any rights, remedies or defenses of the Town. The Town may reject or exclude any proposed meaningful chance to opt not to receive such General Communication that, in its reasonable judgment, is contrary to the interests and objectives of the Program or the Town.Communications,

APPROVAL OF GENERAL COMMUNICATIONS. Competitive Supplier shall cooperate with and assist the Town Municipality in the drafting and sending of messages and information to Eligible or Participating Consumers concerning the Program or any matter arising under or related to this Agreement or the ProgramESA. Competitive Supplier shall, prior to sending sending, whether directly or through its Associated Entities, any direct mail, advertising, solicitation, bill insert, electronic mail, or other similar written or electronic communication (collectively, “"General Communications”") to Eligible or Participating Consumers (but excluding individually drafted or tailored communications responding to a the specific complaint or communication circumstance of an individual consumer), provide a copy of such General Communication to the Town Municipality and to Program Manager for its review (for consistency to determine whether it is consistent with the Town’s purposes and goals) goals of the Municipality and approvalProgram Manager. The Town Municipality or Program Manager shall have the right to disapprove such General Communications and suggest revisions if it finds the communication inconsistent with the purposes and goals of the TownMunicipality, factually inaccurate, inaccurate or likely to mislead mislead; provided, however, that: (i) that the communication shall be deemed approved if the Town Municipality and Program Manager fails to respond within ten seven (107) Business Days, calendar days (not including weekends and holidays); and (ii) that no approval shall be necessary for any communication (a) regarding any emergency situation involving any risk to the public health, safety or welfare; or (b) that has been approved by the Department, the DOER; or (c) in the nature of routine monthly or periodic bills, or collection notices, except that any bill insert or message included at the bottom of such bill not within the scope of of (a) or (b) above shall require advanced review approval. If the Municipality objects to any General Communication on the grounds it is inconsistent with the purposes and approval goals of the Municipality, the Competitive Supplier, after consultation as provided in this Article 5.6, may nevertheless elect to send such General Communication provided that it: (i) clearly indicates on such communication that it has not been endorsed by the Town; Municipality, and (iiiii) no approval or lack of approval shall relieve the Competitive Supplier of its obligations and responsibility for its actions and omissions under this Agreement, or other than as set forth in sub-clause ‘i’ of this Section 7.6, result in has previously provided all Participating Consumers a waiver of any rights, remedies or defenses of the Townmeaningful chance to opt not to receive such General Communications. The Town Municipality may reject or exclude any proposed General Communication that, in its reasonable judgment, is contrary to the interests and objectives of the Program or the TownMunicipality, provided, however, any such right of rejection or exclusion shall not apply to Completive Supplier’s notice to exercise or enforce its rights under the ESA or Customer Agreement, including but not limited to any notice of Force Majeure or Change in Law.

APPROVAL OF GENERAL COMMUNICATIONS. Competitive Supplier shall cooperate with and assist the Town in the drafting and sending of messages and information to Eligible Consumers concerning the Program or any matter arising under or related to this Agreement or the ProgramESA. Competitive Supplier shall, prior to sending any direct mail, advertising, solicitation, bill insert, electronic mail, or other similar written or electronic communication (collectively, “General Communications”) to Participating Consumers (but excluding individually drafted or tailored communications responding to a the specific complaint or communication circumstance of an individual consumer), provide a copy of such General Communication to the Town for its review (for consistency to determine whether it is consistent with the Town’s purposes and goals) and approvalgoals of the Town. The Town shall have the right to disapprove such General Communications and suggest revisions if it finds the communication inconsistent with the purposes and goals of the Town, factually inaccurate, inaccurate or likely to mislead mislead; provided, however, that: (i) that the communication shall be deemed approved if the Town fails to respond within ten seven (107) Business Days, calendar days (not including weekends and holidays); and (ii) that no approval shall be necessary for any communication (a) regarding any emergency situation involving any risk to the public health, safety or welfare; (b) that which has been approved by the Department, the DOER, or any other Governmental Authority; or (c) in the nature of routine monthly or periodic bills, or collection notices, except that any bill insert or message included at the bottom of such bill not within the scope of (a) or (b) above shall require advanced review approval. If the Town objects to any General Communication on the grounds it is inconsistent with the purposes and approval goals of the Town, the Competitive Supplier, after consultation as provided in this Article 5.6, may nevertheless elect to send such General Communication provided that it: (i) clearly indicates on such mailing that it has not been endorsed by the Town; and , (iiiii) no approval or lack of approval shall relieve the Competitive Supplier of its obligations and responsibility for its actions and omissions under this Agreement, or other than as set forth in sub-clause ‘i’ of this Section 7.6, result in has previously provided all Participating Consumers a waiver of any rights, remedies or defenses of the Town. The Town may reject or exclude any proposed meaningful chance to opt not to receive such General Communication that, in its reasonable judgment, is contrary to the interests and objectives of the Program or the Town.Communications,

APPROVAL OF GENERAL COMMUNICATIONS. Competitive Supplier shall cooperate with and assist the Town in the drafting and sending of messages and information to Eligible Consumers concerning the Program or any matter arising under or related to this Agreement or the Program. Competitive Supplier shall, prior to sending any direct mail, advertising, solicitation, bill xxxx insert, electronic mail, or other similar written or electronic communication (collectively, “General Communications”) to Participating Consumers (but excluding individually drafted or tailored communications responding to a specific complaint or communication of an individual consumer), provide a copy of such General Communication to the Town for its review (for consistency with the Town’s purposes and goals) and approval. The Town shall have the right to disapprove such General Communications and suggest revisions if it finds the communication inconsistent with the purposes and goals of the Town, factually inaccurate, or likely to mislead provided, however, that: (i) the communication shall be deemed approved if the Town fails to respond within ten (10) Business Days, and (ii) no approval shall be necessary for any communication (a) regarding any emergency situation involving any risk to the public health, safety or welfare; (b) that has been approved by the Department, the DOER; or (c) in the nature of routine monthly or periodic bills, or collection notices, except that any bill xxxx insert or message included at the bottom of such bill xxxx not within the scope of (a) or (b) above shall require advanced review and approval by the Town; and (iii) no approval or lack of approval shall relieve the Competitive Supplier of its obligations and responsibility for its actions and omissions under this Agreement, or other than as set forth in sub-clause ‘i’ of this Section 7.6, result in a waiver of any rights, remedies or defenses of the Town. The Town may reject or exclude any proposed General Communication that, in its reasonable judgment, is contrary to the interests and objectives of the Program or the Town.

APPROVAL OF GENERAL COMMUNICATIONS. Competitive Supplier shall cooperate with and assist the Town in the drafting and sending of messages and information to Eligible Consumers concerning the Program or any matter arising under or related to this Agreement or the Program. Competitive Supplier shall, prior to sending any direct mail, advertising, solicitation, bill xxxx insert, electronic mail, or other similar written or electronic communication (collectively, “General Communications”) to Participating Consumers (but excluding individually drafted or tailored communications responding to a specific complaint or communication of an individual consumer), provide a copy of such General Communication to the Town for its review (for consistency with the Town’s purposes and goals) and approvalapproval provided however that such approval shall not be unreasonably withheld. The Town shall have the right to disapprove such General Communications and suggest revisions if it finds the communication inconsistent with the purposes and goals of the Town, factually inaccurate, or likely to mislead provided, however, that: (i) the communication shall be deemed approved if the Town fails to respond within ten (10) Business Days, and (ii) no approval shall be necessary for any communication (a) regarding any emergency situation involving any risk to the public health, safety or welfare; (b) that has been approved by the Department, the DOERDOER or any other Governmental Authority; or (c) in the nature of routine monthly or periodic bills, or collection notices, except that any bill xxxx insert or message included at the bottom of such bill xxxx not within the scope of (a) or (b) above shall require advanced review and approval by the TownTown(not to be unreasonably withheld); and (iii) no approval or lack of approval shall relieve the Competitive Supplier of its obligations and responsibility for its actions and omissions under this Agreement, or other than as set forth in sub-clause ‘i’ of this Section 7.6, result in a waiver of any rights, remedies or defenses of the Town. The Town may reject or exclude any proposed General Communication that, in its reasonable judgment, is contrary to the interests and objectives of the Program or the Town.

APPROVAL OF GENERAL COMMUNICATIONS. Competitive Supplier shall cooperate with and assist the Town City in the drafting and sending of messages and information to Eligible Consumers concerning the Program or any matter arising under or related to this Agreement or the Program. Competitive Supplier shall, prior to sending any direct mail, advertising, solicitation, bill insert, electronic mail, or other similar written or electronic communication (collectively, “General Communications”) to Participating Consumers (but excluding individually drafted or tailored communications responding to a specific complaint or communication of an individual consumer), provide a copy of such General Communication to the Town City for its review (for consistency with the TownCity’s purposes and goals) and approval. The Town City shall have the right to disapprove such General Communications and suggest revisions if it finds the communication inconsistent with the purposes and goals of the TownCity, factually inaccurate, inaccurate or likely to mislead provided, however, that: (i) the communication shall be deemed approved if the Town City fails to respond within ten twenty (1020) Business Days, and (ii) no approval shall be necessary for any communication that: (a) regarding any concern an emergency situation involving any risk to the public health, safety or welfare; (b) that has been approved by the Department, Department or the DOER; or (c) are in the nature of routine monthly or periodic bills, or collection notices, except that any bill insert or message included at the bottom of such bill not within the scope of (a) or (b) above shall require advanced review and approval by the TownCity; and (iii) no approval or lack of approval shall relieve the Competitive Supplier of its obligations and responsibility for its actions and omissions under this Agreement, or other than as set forth in sub-clause ‘i’ of this Section 7.6, result in a waiver of any rights, remedies or defenses of the TownCity. The Town City may reject or exclude any proposed General Communication that, in its reasonable judgment, is contrary to the interests and objectives of the Program or the TownCity.

APPROVAL OF GENERAL COMMUNICATIONS. Competitive Supplier may only communicate with Program participants and/or use the lists of Eligible Consumers/Program participants to send Department-approved education materials, opt- out notices, or other communications essential to the operation of the Program. Such lists may not be used by Competitive Supplier to market any additional products or services to Eligible Consumers or Program Participants. Competitive Supplier shall cooperate with and assist the Town City in the drafting and sending of messages and information to Eligible Consumers concerning the Program or any matter arising under or related to this Agreement or the Program. Competitive Supplier shall, prior to sending any direct mail, advertising, solicitation, bill xxxx insert, electronic mail, or other similar written or electronic communication (collectively, “General Communications”) to Participating Consumers (but excluding individually drafted or tailored communications responding to a specific complaint or communication of an individual consumer), provide a copy of such General Communication to the Town City for its review (for consistency with the TownCity’s purposes and goals) and approval. The Town City shall have the right to disapprove such General Communications and suggest revisions if it finds the communication inconsistent with the purposes and goals of the TownCity, factually inaccurate, not essential to the operation of the program, or likely to mislead provided, however, that: (i) the communication shall be deemed approved if the Town City fails to respond within ten (10) Business Days, and (ii) no approval shall be necessary for any communication (a) regarding any emergency situation involving any risk to the public health, safety or welfare; (b) that has been approved by the Department, the DOER; or (c) in the nature of routine monthly or periodic bills, or collection notices, except that any bill xxxx insert or message included at the bottom of such bill xxxx not within the scope of (a) or (b) above shall require advanced review and approval by the TownCity; and (iii) no approval or lack of approval shall relieve the Competitive Supplier of its obligations and responsibility for its actions and omissions under this Agreement, or other than as set forth in sub-clause ‘i’ of this Section 7.6, result in a waiver of any rights, remedies or defenses of the TownCity. The Town City may reject or exclude any proposed General Communication that, in its reasonable judgment, is contrary to the interests and objectives of the Program or the TownCity.

APPROVAL OF GENERAL COMMUNICATIONS. Competitive Supplier shall cooperate with and assist the Town City in the drafting and sending of messages and information to Eligible Consumers concerning the Program or any matter arising under or related to this Agreement or the Program. Competitive Supplier shall, prior to sending any direct mail, advertising, solicitation, bill xxxx insert, electronic mail, or other similar written or electronic communication (collectively, “General Communications”) to Participating Consumers (but excluding individually drafted or tailored communications responding to a specific complaint or communication of an individual consumer), provide a copy of such General Communication to the Town City for its review (for consistency with the TownCity’s purposes and goals) and approval. The Town City shall have the right to disapprove such General Communications and suggest revisions if it finds the communication inconsistent with the purposes and goals of the TownCity, factually inaccurate, or likely to mislead provided, however, that: (i) the communication shall be deemed approved if the Town City fails to respond within ten (10) Business Days, and (ii) no approval shall be necessary for any communication (a) regarding any emergency situation involving any risk to the public health, safety or welfare; (b) that has been approved by the Department, the DOER; or (c) in the nature of routine monthly or periodic bills, or collection notices, except that any bill xxxx insert or message included at the bottom of such bill xxxx not within the scope of (a) or (b) above shall require advanced review and approval by the TownCity; and (iii) no approval or lack of approval shall relieve the Competitive Supplier of its obligations and responsibility for its actions and omissions under this Agreement, or other than as set forth in sub-clause ‘i’ of this Section 7.6, result in a waiver of any rights, remedies or defenses of the TownCity. The Town City may reject or exclude any proposed General Communication that, in its reasonable judgment, is contrary to the interests and objectives of the Program or the TownCity.

APPROVAL OF GENERAL COMMUNICATIONS. Competitive Supplier may only communicate with Program participants and/or use the lists of Eligible Consumers/Program participants to send Department-approved educational materials, opt-out notices, or other communications essential to the operation of the Program; and, except as provided in Section 19.2, such lists may not be used by Competitive Supplier to market any additional products or services to Eligible Consumers or Program Participants. Competitive Supplier shall cooperate with and assist the Town in the drafting and sending of messages and information to Eligible Consumers concerning the Program or any matter arising under or related to this Agreement or the Program. Competitive Supplier shall, prior to sending any direct mail, advertising, solicitation, bill insert, electronic mail, or other similar written or electronic communication (collectively, “General Communications”) to Participating Consumers (but excluding individually drafted or tailored communications responding to a specific complaint or communication of an individual consumer), provide a copy of such General Communication to the Town for its review (for consistency with the Town’s purposes and goals) and approval. The Town shall have the right to disapprove such General Communications and suggest revisions if it finds the communication inconsistent with the purposes and goals of the Town, factually inaccurate, not essential to the operation of the program, or likely to mislead provided, however, that: (i) the communication shall be deemed approved if the Town fails to respond within ten (10) Business Days, and (ii) no approval shall be necessary for any communication (a) regarding any emergency situation involving any risk to the public health, safety or welfare, but Competitive Supplier shall deliver a copy of the emergency communication to the Town no later than at the time it delivers such communication to Participating Consumers; (b) that has been approved by the Department, or the DOER; or (c) is in the nature of routine monthly or periodic bills, or collection notices, except that any bill insert or message included at the bottom of such bill not within the scope of (a) or (b) above shall require advanced review and approval by the Town; and (iii) . Notwithstanding the foregoing, no approval approval, “deemed approval”, or lack of approval by the Town under this section shall relieve the Competitive Supplier of its obligations and responsibility for its actions and omissions under this Agreement, or (other than as set forth in sub-clause ‘i’ of this Section 7.67.6 as to a waiver of the Town’s right to approve a communication), result in a waiver of any rights, remedies or defenses of the Town. The Town may reject or exclude any proposed General Communication that, in its reasonable judgment, is contrary to the interests and objectives of the Program or the Town.

APPROVAL OF GENERAL COMMUNICATIONS. Competitive Supplier may only communicate with Program participants and/or use the lists of Eligible Consumers/Program participants to send Department-approved education materials, opt-out notices, or other communications essential to the operation of the Program. Such lists may not be used by Competitive Supplier to market any additional products or services to Eligible Consumers or Program Participants. Competitive Supplier shall cooperate with and assist the Town City in the drafting and sending of messages and information to Eligible Consumers concerning the Program or any matter arising under or related to this Agreement or the Program. Competitive Supplier shall, prior to sending any direct mail, advertising, solicitation, bill insert, electronic mail, or other similar written or electronic communication (collectively, “General Communications”) to Participating Consumers (but excluding individually drafted or tailored communications responding to a specific complaint or communication of an individual consumer), provide a copy of such General Communication to the Town City for its review (for consistency with the TownCity’s purposes and goals) and approval. The Town City shall have the right to disapprove such General Communications and suggest revisions if it finds the communication inconsistent with the purposes and goals of the TownCity, factually inaccurate, not essential to the operation of the program, or likely to mislead provided, however, that: (i) the communication shall be deemed approved if the Town City fails to respond within ten (10) Business Days, and (ii) no approval shall be necessary for any communication (a) regarding any emergency situation involving any risk to the public health, safety or welfare; (b) that has been approved by the Department, the DOER; or (c) in the nature of routine monthly or periodic bills, or collection notices, except that any bill insert or message included at the bottom of such bill not within the scope of (a) or (b) above shall require advanced review and approval by the TownCity; and (iii) no approval or lack of approval shall relieve the Competitive Supplier of its obligations and responsibility for its actions and omissions under this Agreement, or other than as set forth in sub-clause ‘i’ of this Section 7.6, result in a waiver of any rights, remedies or defenses of the TownCity. The Town City may reject or exclude any proposed General Communication that, in its reasonable judgment, is contrary to the interests and objectives of the Program or the TownCity.

APPROVAL OF GENERAL COMMUNICATIONS. Competitive Supplier may only communicate with Program participants and/or use the lists of Eligible Consumers/Program participants to send Department-approved education materials, opt- out notices, or other communications essential to the operation of the Program. Such lists may not be used by Competitive Supplier to market any additional products or services to Eligible Consumers or Program Participants. Competitive Supplier shall cooperate with and assist the Town in the drafting and sending of messages and information to Eligible Consumers concerning the Program or any matter arising under or related to this Agreement or the Program. Competitive Supplier shall, prior to sending any direct mail, advertising, solicitation, bill xxxx insert, electronic mail, or other similar written or electronic communication (collectively, “General Communications”) to Participating Consumers (but excluding individually drafted or tailored communications responding to a specific complaint or communication of an individual consumer), provide a copy of such General Communication to the Town for its review (for consistency with the Town’s purposes and goals) and approval. The Town shall have the right to disapprove such General Communications and suggest revisions if it finds the communication inconsistent with the purposes and goals of the Town, factually inaccurate, not essential to the operation of the program, or likely to mislead provided, however, that: (i) the communication shall be deemed approved if the Town fails to respond within ten (10) Business Days, and (ii) no approval shall be necessary for any communication (a) regarding any emergency situation involving any risk to the public health, safety or welfare; (b) that has been approved by the Department, the DOER; or (c) in the nature of routine monthly or periodic bills, or collection notices, except that any bill xxxx insert or message included at the bottom of such bill xxxx not within the scope of (a) or (b) above shall require advanced review and approval by the Town; and (iii) no approval or lack of approval shall relieve the Competitive Supplier of its obligations and responsibility for its actions and omissions under this Agreement, or other than as set forth in sub-clause ‘i’ of this Section 7.6, result in a waiver of any rights, remedies or defenses of the Town. The Town may reject or exclude any proposed General Communication that, in its reasonable judgment, is contrary to the interests and objectives of the Program or the public interest of the Town.

APPROVAL OF GENERAL COMMUNICATIONS. Competitive Supplier shall cooperate with and assist the Town City in the drafting and sending of messages and information to Eligible Consumers concerning the Program or any matter arising under or related to this Agreement or the ProgramESA. Competitive Supplier shall, prior to sending any direct mail, advertising, solicitation, bill insert, electronic mail, or other similar written or electronic communication (collectively, “General Communications”) to Participating Consumers (but excluding individually drafted or tailored communications responding to a the specific complaint or communication circumstance of an individual consumer), provide a copy of such General Communication to the Town City for its review (for consistency to determine whether it is consistent with the Town’s purposes and goals) and approvalgoals of the City. The Town City shall have the right to disapprove such General Communications and suggest revisions if it finds the communication inconsistent with the purposes and goals of the TownCity, factually inaccurate, inaccurate or likely to mislead mislead; provided, however, that: (i) that the communication shall be deemed approved if the Town City fails to respond within ten seven (107) Business Days, calendar days (not including weekends and holidays); and (ii) that no approval shall be necessary for any communication (a) regarding any emergency situation involving any risk to the public health, safety or welfare; (b) that which has been approved by the Department, the DOER, or any other Governmental Authority; or (c) in the nature of routine monthly or periodic bills, or collection notices, except that any bill insert or message included at the bottom of such bill not within the scope of (a) or (b) above shall require advanced review approval. If the City objects to any General Communication on the grounds it is inconsistent with the purposes and approval goals of the City, the Competitive Supplier, after consultation as provided in this Article 5.6, may nevertheless elect to send such General Communication provided that it: (i) clearly indicates on such mailing that it has not been endorsed by the Town; and City, (ii) has previously provided all Participating Consumers a meaningful chance to opt not to receive such General Communications, (iii) no approval or lack of approval shall relieve has stated in connection with such chance to opt not to receive such communications that “the Competitive Supplier of its obligations City wants to protect Eligible Consumers from receiving marketing materials if you do not wish to do so,” and responsibility for its actions and omissions under this Agreement, or other than (iv) has otherwise sought input from the City as set forth in sub-clause ‘i’ of this Section 7.6, result in to the means by which Eligible Consumers are given a waiver of chance to remove their names from any rights, remedies or defenses of the Townlist which may receive General Communications. The Town City may reject or exclude any proposed General Communication that, in its reasonable judgment, is contrary to the interests and objectives of the Program or the TownCity. The Competitive Supplier may only communicate with Participating Consumers and/or use the lists of Eligible Consumers and Participating Consumers to send Department-approved educational materials, opt-out notices or other communications essential to the operation of the Program. Such lists may not be used by the Competitive Supplier to market any additional products or services to Eligible Consumers or Participating Consumers.

APPROVAL OF GENERAL COMMUNICATIONS. Competitive Supplier shall cooperate with and assist the Town City in the drafting and sending of messages and information to Eligible Consumers concerning the Program or any matter arising under or related to this Agreement or the Program. Competitive Supplier shall, prior to sending any direct mail, advertising, solicitation, bill insert, electronic mail, or other similar written or electronic communication (collectively, “General Communications”) to Participating Consumers (but excluding individually drafted or tailored communications responding to a specific complaint or communication of an individual consumer), provide a copy of such General Communication to the Town City for its review (for consistency with the TownCity’s purposes and goals) and approval. The Town City shall have the right to disapprove such General Communications and suggest revisions if it finds the communication inconsistent with the purposes and goals of the TownCity, factually inaccurate, or likely to mislead provided, however, that: (i) the communication shall be deemed approved if the Town City fails to respond within ten fifteen (1015) Business Days, and (ii) no approval shall be necessary for any communication (a) regarding any emergency situation involving any risk to the public health, safety or welfare; (b) that has been approved by the Department, the DOER; or (c) in the nature of routine monthly or periodic bills, or collection notices, except that any bill insert or message included at the bottom of such bill not within the scope of (a) or (b) above shall require advanced review and approval by the TownCity; and (iii) no approval or lack of approval shall relieve the Competitive Supplier of its obligations and responsibility for its actions and omissions under this Agreement, or other than as set forth in sub-clause ‘i’ of this Section 7.6, result in a waiver of any rights, remedies or defenses of the TownCity. The Town City may reject or exclude any proposed General Communication that, in its reasonable judgment, is contrary to the interests and objectives of the Program or the TownCity.

APPROVAL OF GENERAL COMMUNICATIONS. Competitive Supplier may only communicate with Participating Consumers and/or use the lists of Eligible Consumers/Participating Consumers to send Department-approved educational materials, Opt-Out Notices, or other communications essential to the operation of the Program. Such lists may not be used by Competitive Supplier to market any additional products or services to Eligible Consumers or Participating Consumers. Competitive Supplier shall cooperate with and assist the Town Municipality in the drafting and sending of messages and information to Eligible Consumers concerning the Program or any matter arising under or related to this Agreement or the Program. Competitive Supplier shall, prior to sending any direct mail, advertising, solicitation, bill insert, electronic mail, or other similar written or electronic communication (collectively, “General Communications”) to Participating Consumers (but excluding individually drafted or tailored communications responding to a specific complaint or communication of an individual consumer), provide a copy of such General Communication to the Town Municipality for its review (for consistency with the TownMunicipality’s purposes and goals) and approval. The Town Municipality shall have the right to disapprove such General Communications and suggest revisions if it finds the communication inconsistent with the purposes and goals of the TownMunicipality, factually inaccurate, not essential to the operation of the Program, or likely to mislead provided, however, that: (i) the communication shall be deemed approved if the Town Municipality fails to respond within ten (10) Business Days, and (ii) no approval shall be necessary for any communication (a) regarding any emergency situation involving any risk to the public health, safety or welfare; (b) that has been approved by the Department, Department or the DOER; or (c) is in the nature of routine monthly or periodic bills, or collection notices, except that any bill insert or message included at the bottom of such bill not within the scope of (a) or (b) above shall require advanced review and approval by the TownMunicipality; and (iii) no approval or lack of approval shall relieve the Competitive Supplier of its obligations and responsibility for its actions and omissions under this Agreement, or other than as set forth in sub-clause ‘i’ of this Section 7.6, result in a waiver of any rights, remedies or defenses of the TownMunicipality. The Town Municipality may reject or exclude any proposed General Communication that, in its reasonable judgment, is contrary to the interests and objectives of the Program or the TownMunicipality.

APPROVAL OF GENERAL COMMUNICATIONS. Competitive Supplier shall cooperate with and assist the Town in the drafting and sending of messages and information to Eligible Consumers concerning the Program or any matter arising under or related to this Agreement or the Program. Competitive Supplier shall, prior to sending any direct mail, advertising, solicitation, bill insert, electronic mail, or other similar written or electronic communication (collectively, “General Communications”) to Participating Consumers (but excluding individually drafted or tailored communications responding to a specific complaint or communication of an individual consumer), provide a copy of such General Communication to the Town for its review (for consistency with the Town’s purposes and goals) and approval. The Town shall have the right to disapprove such General Communications and suggest revisions if it finds the communication inconsistent with the purposes and goals of the Town, factually inaccurate, or likely to mislead provided, however, that: (i) the communication shall be deemed approved if the Town fails to respond within ten (10) Business Days, and (ii) no approval shall be necessary for any communication (a) regarding any emergency situation involving any risk to the public health, safety or welfare; (b) that has been approved by the Department, the DOER; or (c) in the nature of routine monthly or periodic bills, or collection notices, except that any bill insert or message included at the bottom of such bill not within the scope of (a) or (b) above shall require advanced review and approval by the Town; and (iii) no approval or lack of approval shall relieve the Competitive Supplier of its obligations and responsibility for its actions and omissions under this Agreement, or other than as set forth in sub-clause ‘i’ of this Section 7.6, result in a waiver of any rights, remedies or defenses of the Town. The Town may reject or exclude any proposed General Communication that, in its reasonable judgment, is contrary to the interests and objectives of the Program or the public interest of the Town.

APPROVAL OF GENERAL COMMUNICATIONS. Competitive Supplier shall cooperate with and assist the Town in the drafting and sending of messages and information to Eligible Consumers concerning the Program or any matter arising under or related to this Agreement or the Program. Competitive Supplier shall, prior to sending any direct mail, advertising, solicitation, bill insert, electronic mail, or other similar written or electronic communication (collectively, “General Communications”) to Participating Consumers (but excluding individually drafted or tailored communications responding to a specific complaint or communication of an individual consumer), provide a copy of such General Communication to the Town for its review (for consistency with the Town’s 's purposes and goals) and approvalapproval provided however that such approval shall not be unreasonably withheld. The Town shall have the right to disapprove such General Communications and suggest revisions if it finds the communication inconsistent with the purposes and goals of the Town, factually inaccurate, or likely to mislead provided, however, that: (i) the communication shall be deemed approved if the Town fails to respond within ten (10) Business Days, and (ii) no approval shall be necessary for any communication (a) regarding any emergency situation involving any risk to the public health, safety or welfare; (b) that has been approved by the Department, the DOERDOER or any other Governmental Authority; or (c) in the nature of routine monthly or periodic bills, or collection notices, except that any bill insert or message included at the bottom of such bill not within the scope of (a) or (b) above shall require advanced review and approval by the TownTown(not to be unreasonably withheld); and (iii) no approval or lack of approval shall relieve the Competitive Supplier of its obligations and responsibility for its actions and omissions under this Agreement, or other than as set forth in sub-clause ‘i’ ' of this Section 7.6, result in a waiver of any rights, remedies or defenses of the Town. The Town may reject or exclude any proposed General Communication that, in its reasonable judgment, is contrary to the interests and objectives of the Program or the Town.

APPROVAL OF GENERAL COMMUNICATIONS. Competitive Supplier shall cooperate with and assist the Town City in the drafting and sending of messages and information to Eligible Consumers concerning the Program or any matter arising under or related to this Agreement or the Program. Competitive Supplier shall, prior to sending any direct mail, advertising, solicitation, bill insert, electronic mail, or other similar written or electronic communication (collectively, “General Communications”) to Participating Consumers (but excluding individually drafted or tailored communications responding to a specific complaint or communication of an individual consumer), provide a copy of such General Communication to the Town City for its review (for consistency with the TownCity ’s purposes and goals) and approval. The Town City shall have the right to disapprove such General Communications and suggest revisions if it finds the communication inconsistent with the purposes and goals of the TownCity , factually inaccurate, or likely to mislead provided, however, that: (i) the communication shall be deemed approved if the Town City fails to respond within ten (10) Business Days, and (ii) no approval shall be necessary for any communication (a) regarding any emergency situation involving any risk to the public health, safety or welfare; (b) that has been approved by the Department, the DOER; or (c) in the nature of routine monthly or periodic bills, or collection notices, except that any bill insert or message included at the bottom of such bill not within the scope of (a) or (b) above shall require advanced review and approval by the TownCity ; and (iii) no approval or lack of approval shall relieve the Competitive Supplier of its obligations and responsibility for its actions and omissions under this Agreement, or other than as set forth in sub-clause ‘i’ of this Section 7.6, result in a waiver of any rights, remedies or defenses of the TownCity . The Town City may reject or exclude any proposed General Communication that, in its reasonable judgment, is contrary to the interests and objectives of the Program or the TownCity .

APPROVAL OF GENERAL COMMUNICATIONS. Competitive Supplier shall cooperate with and assist the Town City in the drafting and sending of messages and information to Eligible Consumers concerning the Program or any matter arising under or related to this Agreement or the ProgramESA. Competitive Supplier shall, prior Prior to sending any direct mail, advertising, solicitation, bill insert, electronic mail, or other similar written or electronic communication (collectively, “General Communications”) to Participating Consumers (but excluding individually drafted or tailored communications responding to a the specific complaint or communication circumstance of an individual consumer), Competitive Supplier shall provide a copy of such General Communication to the Town City for its review (for consistency to determine whether it is consistent with the Town’s purposes and goals) and approvalgoals of the City. The Town City shall have the right to disapprove such General Communications and suggest revisions if it finds the communication inconsistent with the purposes and goals of the TownCity, factually inaccurate, inaccurate or likely to mislead mislead; provided, however, that: (i) that the communication shall be deemed approved if the Town City fails to respond within ten seven (107) Business Days, calendar days (not including weekends and holidays); and (ii) that no approval shall be necessary for any communication (a) regarding any emergency situation involving any risk to the public health, safety or welfare; (b) that which has been approved by the Department, the DOER, or any other Governmental Authority; or (c) in the nature of routine monthly or periodic bills, or collection notices, except that any bill insert or message included at the bottom of such bill not within the scope of (a) or (b) above shall require advanced review approval. If the City objects to any General Communication on the grounds it is inconsistent with the purposes and approval goals of the City, the Competitive Supplier, after consultation as provided in this Article 5.6, may nevertheless elect to send such General Communication provided that it: (i) clearly indicates on such mailing that it has not been endorsed by the Town; and City, (ii) has previously provided all Participating Consumers a meaningful chance to opt not to receive such General Communications, (iii) no approval or lack of approval shall relieve has stated in connection with such chance to opt not to receive such communications that “the Competitive Supplier of its obligations City wants to protect Eligible Consumers from receiving marketing materials if you do not wish to do so,” and responsibility for its actions and omissions under this Agreement, or other than (iv) has otherwise sought input from the City as set forth in sub-clause ‘i’ of this Section 7.6, result in to the means by which Eligible Consumers are given a waiver of chance to remove their names from any rights, remedies or defenses of the Townlist which may receive General Communications. The Town City may reject or exclude any proposed General Communication that, in its reasonable judgment, is contrary to the interests and objectives of the Program or the TownCity. The Competitive Supplier may only communicate with Participating Consumers and/or use the lists of Eligible Consumers and Participating Consumers to send Department-approved educational materials, opt-out notices or other communications essential to the operation of the Program. Such lists may not be used by the Competitive Supplier to market any additional products or services to Eligible Consumers or Participating Consumers.

APPROVAL OF GENERAL COMMUNICATIONS. Competitive Supplier shall reasonably cooperate with and assist the Town in the drafting and sending of messages and information to Eligible Consumers concerning the Program or any matter arising under or related to this Agreement or the Program. Competitive Supplier shall, prior to sending any direct mail, advertising, solicitation, bill insert, electronic mail, or other similar written or electronic communication (collectively, “General Communications”) to Participating Consumers (but excluding individually drafted or tailored communications responding to a specific complaint or communication of an individual consumer), provide a copy of such General Communication to the Town for its review (for consistency with the Town’s purposes and goals) and approval, provided however that such approval shall not be unreasonably withheld. The Town shall have the right to disapprove such General Communications and suggest revisions if it finds the communication inconsistent with the purposes and goals of the Town, factually inaccurate, or likely to mislead provided, however, that: (i) the communication shall be deemed approved if the Town fails to respond within ten (10) Business Days, and (ii) no approval shall be necessary for any communication (a) regarding any emergency situation involving any risk to the public health, safety or welfare; (b) that has been approved by the Department, the DOERDOER or any other Governmental Authority; or (c) in the nature of routine monthly or periodic bills, or collection notices, except that any bill insert or message included at the bottom of such bill not within the scope of (a) or (b) above shall require advanced review and approval by the TownTown (not to be unreasonably withheld); and (iii) no approval or lack of approval shall relieve the Competitive Supplier of its obligations and responsibility for its actions and omissions under this Agreement, or other than as set forth in sub-clause ‘i’ of this Section 7.6, result in a waiver of any rights, remedies or defenses of the Town. The Town may reject or exclude any proposed General Communication that, in its reasonable judgment, is contrary to the interests and objectives of the Program or the Town.

APPROVAL OF GENERAL COMMUNICATIONS. Competitive Supplier shall cooperate with and assist the Town City in the drafting and sending of messages and information to Eligible Consumers concerning the Program or any matter arising under or related to this Agreement or the ProgramESA. Competitive Supplier shall, prior to sending any direct mail, advertising, solicitation, bill insert, electronic mail, or other similar written or electronic communication (collectively, “General Communications”) to Participating Consumers (but excluding individually drafted or tailored communications responding to a the specific complaint or communication circumstance of an individual consumer), provide a copy of such General Communication to the Town City for its review (for consistency to determine whether it is consistent with the Town’s purposes and goals) and approvalgoals of the City. The Town City shall have the right to disapprove such General Communications and suggest revisions if it finds the communication inconsistent with the purposes and goals of the TownCity, factually inaccurate, inaccurate or likely to mislead mislead; provided, however, that: (i) that the communication shall be deemed approved if the Town City fails to respond within ten seven (107) Business Days, calendar days (not including weekends and holidays); and (ii) that no approval shall be necessary for any communication (a) regarding any emergency situation involving any risk to the public health, safety or welfare; (b) that which has been approved by the Department, the DOER, or any other Governmental Authority; or (c) in the nature of routine monthly or periodic bills, or collection notices, except that any bill insert or message included at the bottom of such bill not within the scope of (a) or (b) above shall require advanced review approval. If the City objects to any General Communication on the grounds it is inconsistent with the purposes and approval goals of the City, the Competitive Supplier, after consultation as provided in this Article 5.6, may nevertheless elect to send such General Communication provided that it: (i) clearly indicates on such mailing that it has not been endorsed by the Town; and City, (ii) has previously provided all Participating Consumers a meaningful chance to opt not to receive such General Communications, (iii) no approval or lack of approval shall relieve has stated in connection with such chance to opt not to receive such communications that “the Competitive Supplier of its obligations City wants to protect Eligible Consumers from receiving marketing materials if you do not wish to do so,” and responsibility for its actions and omissions under this Agreement, or other than (iv) has otherwise sought input from the City as set forth in sub-clause ‘i’ of this Section 7.6, result in to the means by which Eligible Consumers are given a waiver of chance to remove their names from any rights, remedies or defenses of the Townlist which may receive General Communications. The Town City may reject or exclude any proposed General Communication that, in its reasonable judgment, is contrary to the interests and objectives of the Program or the TownCity.