Common use of APPROVAL OF GENERAL COMMUNICATIONS Clause in Contracts

APPROVAL OF GENERAL COMMUNICATIONS. Supplier shall cooperate with the Compact in the drafting and sending of messages and information to Consumers concerning the Compact or any matter arising under or related to this Agreement. Supplier shall, prior to sending any direct mail, advertising, solicitation, ▇▇▇▇ insert, electronic mail, or other similar written or electronic communication (collectively, “General Communications”) to Consumers (but excluding individually drafted or tailored communications responding to the specific complaint or circumstance of an individual consumer), provide a copy of such General Communication to the Compact for its review to determine whether it is consistent with the purposes and goals of the Compact. The Compact shall have the right to disapprove such General Communications and suggest revisions if it finds the General Communication inconsistent with the purposes and goals of the Compact, factually inaccurate or likely to mislead; provided, however: (i) that the General Communication shall be deemed approved if the Compact fails to respond within seven (7) calendar days (not including weekends and holidays); and (ii) that no approval shall be necessary for any General Communication (a) regarding any emergency situation involving any risk to the public health, safety or welfare; (b) which has been approved by the DPU, the Department of Energy Resources, or any other Governmental Authority; or (c) in the nature of routine monthly or periodic bills, or collection notices, except that any ▇▇▇▇ insert or message included at the bottom of such ▇▇▇▇ not within the scope of (a) or (b) above shall require approval. If the Compact, acting on behalf of one or more Member Municipalities, objects to a mailing or other communication on the grounds it is inconsistent with the goals of the Compact, Supplier, after consultation as provided in this Article 5.7, may nevertheless elect to send such mailing or communication provided that it: i) clearly indicates on such mailing that it has not been endorsed by the Member Municipality and/or the Compact, ii) has previously provided all Consumers a meaningful chance to opt not to receive such General Communications, and iii) has stated in connection with such chance to opt not to receive such communications that “the Compact and the Member Municipalities want to protect Consumers from receiving marketing materials if you do not wish to do so,” and iv) has otherwise sought input from the Compact as to the means by which Consumers are given a chance to remove their names from any list which may receive General Communications.