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Austin Energy

Nest Rush Hour Rewards Agreement for Austin Energy Customers

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

Nest’s Rush Hour Rewards allows you to participate in Austin Energy’s® (AE’s) summer demand response program for customers – called “Power Partner”™ – using your Nest thermostat. Under this Service, Nest’s servers will automatically inform your Nest thermostat of the existence of an Austin Energy demand response event, causing the thermostat to change the temperature setpoint for the air conditioner in your home on that day. At any time that you desire, you may override this temperature setpoint simply by turning your Nest thermostat to a different temperature or using your mobile/ Web client. In order for Nest to evaluate and improve Rush Hour Rewards, AE will share information about your energy usage before and during each summer with Nest.

Your agreement below gives Nest permission to enable Rush Hour Rewards and collect your energy usage information, and for Austin Energy to enroll you in Power Partner program. Any additional Nest thermostats installed at your AE service address will be automatically enrolled in the Power Partner program.

Eligibility Requirements

Rush Hour Rewards is available to AE electric customers who meet certain eligibility requirements. In order to participate, you must –(1) be an AE electric service account holder with an installed, operable Nest thermostat controlling an air conditioner at the AE service address; (2) have an 802.11 wireless network at the AE 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.

Incentive Payment

AE account holders are eligible to earn a one-time incentive payment of $85 per eligible enrolled Nest thermostat in AE’s Power Partner program. You are not required to use a Nest thermostat to be eligible to participate in AE’s program. However, your use of a Nest thermostat, along with your participation in Nest’s Rush Hour Rewards, automates your participation in the program. For more information on AE’s Power Partner program, please visit www.austinenergy.com.

Program Participation

By submitting this Agreement, you agree and certify that –

The information you have provided as part of this Agreement is truthful and you meet the minimum eligibility requirements. Nest or AE may terminate your Agreement and not enroll you, or terminate your enrollment, in Rush Hour Rewards 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 Service on a voluntary basis. You may unenroll at any time during the program by calling Nest at (855) 469-6378.

During your participation in Rush Hour Rewards, Nest’s servers may remotely inform your Nest thermostat to implement Rush Hour Rewards on certain days. This will cause a change in the temperature setpoint for the air conditioner in your home. This adjustment will occur without any manual intervention by you.

Your incentive payment is provided solely by AE; Nest bears no responsibility for the payment. You acknowledge that Nest is facilitating your ability to claim this payment, 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 payment. AE reserves the right to seek further information to verify your eligibility for the incentive payment.

You agree to use Rush Hour Rewards only in compliance with the Nest Terms of Service, Privacy Policy, any other Policies referenced in this document and on the Nest Website (https://nest.com/legal/privacy-statement/), as well as all applicable local, state, national, and international laws, rules and regulations.

You release and hold harmless Nest and Austin Energy from any liability, claim, demand, cause of action, damage or expense resulting from your use of Rush Hour Rewards Service, or the release and use of your information obtained and managed as described in this Agreement and in the Nest Privacy Policy.

This Agreement is effective upon your submitting this Agreement and will continue until you or Nest cancels your participation. Rush Hour Rewards is a summertime program that may continue each year for so long as Nest or you do not terminate your participation.

Authorization to Receive Customer Information

By submitting this Agreement, you also give Nest and AE the following permissions –

I allow Austin Energy and the City of Austin to release to Nest my energy usage and energy pricing information (but not credit card or payment information) relating to the Austin Energy account I have provided while enrolled in Rush Hour Rewards. Such information includes, but is not limited to, consumption and billing data, billing records, billing history, meter usage data, and rate information. My credit card, checking account, or similar payment information will not be shared. I agree that Nest and Austin Energy may review and analyze my usage and financial information for program purposes and may exchange such conclusions and publish results based on those conclusions, provided that no personally identifiable information of mine is ever provided to any third party other than Austin Energy or Nest.

I allow Nest to share certain information (including, but not limited to, your name, email address, service address, AE account number, Nest thermostat serial number, activation date, Nest account status, runtime data, set-points, and related details) with AE to verify that you are eligible to participate in the Rush Hour Rewards Program and to evaluate the comprehensive energy impact of the Nest thermostat. In addition, Nest may share with AE your decision to opt out of the Power Partner Program or Rush Hour Rewards, or your deletion of your Nest account, each of which will automatically result in the termination of your enrollment in the Power Partner Program.

I declare under penalty of perjury that I am the customer of record for the service account provided.

I understand that Austin Energy reserves the right to verify any authorization request submitted before releasing information or taking any action on my behalf.

I understand that I may cancel this authorization at any time by calling Nest at (855) 469-6378 or submitting a written request to Austin Energy.