Common use of APPROVAL OF GENERAL COMMUNICATIONS Clause in Contracts

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 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 Municipality for its review (for consistency with the Municipality’s purposes and goals) and approval. The 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 Municipality, 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 Municipality fails to respond within ten (10) Business Days, and

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, Optopt-Out Noticesout 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 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 Municipality for its review (for consistency with the Municipality’s purposes and goals) and approval. The 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 Municipality, 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 Municipality fails to respond within ten (10) Business Days, and

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 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 Municipality for its review (for consistency with the Municipality’s purposes and goals) and approval. The 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 Municipality, 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 Municipality fails to respond within ten (10) Business Days, andand (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 or the DOER; or

APPROVAL OF GENERAL COMMUNICATIONS. Competitive Supplier may only communicate with Participating Consumers Program participants and/or use the lists of Eligible Consumers/Participating Consumers Program participants to send Department-approved educational education materials, Opt-Out Noticesopt- 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 ConsumersProgram Participants. Competitive Supplier shall cooperate with and assist the Municipality 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 Municipality Town for its review (for consistency with the MunicipalityTown’s purposes and goals) and approval. The Municipality 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 MunicipalityTown, factually inaccurate, not essential to the operation of the Programprogram, or likely to mislead provided, however, that: (i) the communication shall be deemed approved if the Municipality Town fails to respond within ten (10) Business Days, and

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 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 Municipality for its review (for consistency with the Municipality’s purposes and goals) and approval. The 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 Municipality, 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 Municipality fails to respond within ten (10) Business Days, andand (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 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 Municipality; 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 Municipality. The 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 Municipality.

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 Noticesnotices, 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 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 Municipality for its review (for consistency with the Municipality’s purposes and goals) and approval. The 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 Municipality, 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 Municipality fails to respond within ten (10) Business Days, and