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Alectra

Rush Hour Rewards PROGRAM Agreement for Alectra Utilities Customers

Thank you for your interest in the Rush Hour Rewards Program, a service offered by Nest Labs, Inc. ("Nest").

Nest’s Rush Hour Rewards Program allows you to participate in a program for residential customers offered by Alectra Inc. ("Alectra") called Residential Demand Response Pilot [DC2] using your Nest thermostat. As part of the Rush Hour Rewards Program, Nest’s servers will remotely inform your Nest thermostat of the existence of an Alectra Residential Demand Response event, causing the Nest thermostat automatically to change the temperature setpoint in your home on that day without any manual intervention by you. At any time that you desire, you may override this temperature setpoint simply by turning your Nest thermostat to a different temperature or using the Nest website or mobile application.

Your agreement to these terms ("Agreement") gives Nest permission to access and use your energy usage and billing information, to enable the Rush Hour Rewards Program and for Alectra to enroll you in Residential Demand Response, pursuant to the terms and conditions below. Any additional Nest thermostats installed at your Alectra service address will be automatically enrolled in the Rush Hour Rewards Program.

Nest will administer the Rush Hour Rewards Program in accordance with the Nest Terms of Service, privacy policies and other policies on Nest’s website (https://nest.com/ca/legal/) and applicable laws and regulations.

Eligibility Requirements

The Rush Hour Rewards Program is available to Alectra residential electric customers who meet certain eligibility requirements. In order to participate, you must: (1) be an Alectra Utilities residential electric service account holder; (2) have an 802.11 wireless network at the Alectra Utilities service address; (3) have an active Nest account linked to your Nest thermostat; and (4) agree to the terms and conditions set forth in this Agreement.

In addition, (1) if the Rush Hour Rewards Program is offered by Alectra Utilities in the summer season, in order to participate in the Rush Hour Rewards Program during the summer season you must have an installed, operable Nest thermostat controlling an air conditioning unit, at your Alectra Utilities service address; and (2) if the Rush Hour Rewards Program is offered by Alectra Utilities in the winter season, in order to participate in the Rush Hour Rewards Program during the winter season you must have an installed, operable Nest thermostat controlling a heat pump at your Alectra Utilities service address.

Incentive(s)

Alectra account holders are eligible to earn incentive payments or other rewards ("Incentives") for enrolling and/or continued enrollment in Residential Demand Response. Incentives will be provided pursuant to the applicable Alectra Utilities offer and the automatic enrollment of additional Nest thermostats may not result in additional Incentives.

The Incentives are provided solely by Alectra. Nest bears no responsibility for the Incentives. You acknowledge that Nest is facilitating your ability to earn Incentives, but Nest is not providing you any compensation or other financial benefit, and your permissions to Nest are not contingent on receipt or amount of the Incentives. Nest makes no promise of any specific Incentive amount. Alectra Utilities reserves the right to seek further information to verify your eligibility for the Incentives.

Agreement [DC3]

By submitting this Agreement, you agree that:

Alectra Utilities may share information with Nest about your energy usage and associated account and billing data in order for Nest to evaluate and improve its products and services. Such information includes, but is not limited to, consumption and billing data, billing records, billing history, meter usage data, and rate information. Your credit card, chequing account, or similar payment information will not be shared by Alectra with Nest.

Nest may share certain information (including, but not limited to, your name, email address, service address, Alectra account number, Nest thermostat serial number, activation date, Nest account status, runtime data, set-points, and related details) with Alectra and/or its third party contractors or agents to verify that you are eligible to participate in the Rush Hour Rewards Program, to implement the Rush Hour Rewards Program (including the payment of Incentives), and to evaluate the comprehensive energy impact of the Nest thermostat and/or Nest’s other products or services. In addition, Nest may share with Alectra Utilities your decision to opt out of Residential Demand Response or your deletion of your Nest account, each of which will automatically result in the termination of your enrollment in Residential Demand Response. Alectra's privacy policy is available at http://www.alectrautilities.com. You hereby acknowledge that: (i) after disclosure to Alectra, this information may be accessible to third parties under the Freedom of Information and Protection of Privacy Act (Ontario) or the Municipal Freedom of Information and Protection of Privacy Act (Ontario), and that (ii) Alectra may further disclose this information to the Ontario Energy Board , Independent Electricity System Operator, the Ontario Ministry of Energy and the Ontario Environmental Commissioner and/or their respective successors, solely for government reporting, policy planning and program operation purposes.

The information you have provided as part of this Agreement is truthful and you meet the minimum eligibility requirements. Nest or Alectra may terminate this Agreement and not enroll you, or terminate your enrollment, in the Rush Hour Rewards Program if you are not truthful in the information you submit as part of this Agreement, if you do not satisfy eligibility requirements, or for any other reason. You are using Nest’s Rush Hour Rewards Program on a voluntary basis.

You agree to participate in the Rush Hour Rewards Program in accordance with the Nest Terms of Service, privacy policies and other policies on Nest’s website (https://nest.com/ca/legal) and applicable laws and regulations.

You represent and warrant to Nest and Alectra that you are a residential electricity distribution customer of Alectra Utilities and that the person entering into this agreement with Nest is: (a) an individual 18 years or older and is the owner of the premises; or, (b) an individual 18 years or older and is the tenant or lessee of the premises and has the authority to possess and operate the Nest thermostat, either as a condition of your lease or has the written consent or authorization of the owner of the premises.

You release and hold harmless Nest and Alectra from any liability, claim, demand, cause of action, damage or expense resulting from your participation in the Rush Hour Rewards Program. You acknowledge and agree that Alectra and Nest make no guarantee, nor any representation or warranty, express or implied, with respect to any energy cost savings or other benefit accruing to you as a result of the Rush Hour Rewards Program.

You further agree that Nest and Alectra shall not be in default, and shall not be deemed to be in default, of this Agreement or in connection with the Rush Hour Rewards Program by reason of delay or the failure or inability to perform obligations hereunder where the said delay, failure or inability is due solely to any cause which is unavoidable or beyond their reasonable control, including without limitation any act of God or other cause which frustrates the performance of this Agreement.

This Agreement is effective upon your submitting this Agreement and will continue until you, Alectra Utilities or Nest cancels your participation. You may cancel participation at any time during the program by calling Nest at (855) 469-6378.