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the necessity of proving damages or posting any bond. Any such relief shall be in <br />addition to, and not in lieu of, money damages or any other available legal or equitable <br />remedy. <br />19. TIME IS OF THE ESSENCE <br />The Parties hereby acknowledge that time is of the essence in performing their obligations under <br />this Agreement. Failure to comply with milestones and goals stated in this Agreement, including <br />but not limited to those set forth in Exhibit B of this Agreement, may constitute a material breach <br />of this Agreement, resulting in its termination, payments being withheld, Partner's Budget being <br />reduced or adjusted, funding redirected by the Utility to other programs or partners, or other <br />Program modifications as determined by the Utility or as directed by the Commission. <br />20. CUSTOMER COMPLAINT RESOLUTION PROCESS <br />The Parties shall develop and implement a process for the management and resolution of <br />Customer complaints in an expedited manner including, but not limited to: (a) ensuring adequate <br />levels of professional Customer service staff; (b) direct access of Customer complaints to <br />supervisory and /or management personnel; (c) documenting each Customer complaint upon <br />receipt; and (d) directing any Customer complaint that is not resolved within five (5) Calendar <br />Days of receipt by the City to the Utility. <br />21. RESTRICTIONS ON MARKETING <br />21.1. Use of Commission's Name. No Party may use the name of the Commission on <br />marketing materials for the Program without prior written approval from the <br />Commission staff. In order to obtain this written approval, SCG must send a copy of the <br />planned materials to the Commission requesting approval to use the Commission name <br />and /or logo. Notwithstanding the foregoing, the Parties shall disclose their source of <br />funding for the Program by stating prominently on marketing materials that the Program <br />is "fimded by California ratepayers Linder the auspices of the California Public Utilities <br />Commission." <br />21.2. Use of the SCG Name. The City must receive prior review and written approval <br />from the Utility for the use of the SCG name, mark or logo on any marketing or other <br />Program materials. The City shall allow five (5) Business Days for the Utility's review <br />and approval. If the City has not received a response from the Utility within the five (5) <br />Business Day period, then it shall be deemed that the Utility has approved such use. <br />21.3. Use of the City's Name. The Utility must receive prior review and written <br />approval from the City for the use of the City's name, marks or logos on any marketing <br />or other Program materials. The Utility shall allow five (5) Business Days for the City's <br />review and approval. If the Utility has not received a response from the City within the <br />five (5) Business Day period, then it shall be deemed that the City has approved such <br />use. <br />20 13 -14 Santa Ana Partnership Agreeme�5^_A 9 16 <br />