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Nest Rush Hour Rewards Agreement for Consolidated Edison 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 a summer demand response program (the “Direct Load Control Program” or the “Program”) of Consolidated Edison Company of New York, Inc. (“Con Edison”). The Program will enable Con Edison to help its customers save energy and money while also allowing Con Edison to evaluate energy savings achieved as a result of the Program as well as assess customer engagement in and overall satisfaction with the Program. The Program will continue until such time as Con Edison no longer administers it. During Rush Hour Rewards events, Nest’s servers will automatically inform your Nest thermostat of the existence of a Con Edison demand response event, which may cause the thermostat to change the temperature set-point for the air conditioner in your home on that day. At any time that you desire, you may override this temperature set-point simply by turning your Nest thermostat to a different temperature or by using your mobile/Web client to do the same.

Your agreement below (“Agreement”) gives Nest permission to enable Rush Hour Rewards and collect your energy usage information, and gives Con Edison permission to enroll you in its Direct Load Control Program. Events are triggered based on a variety of factors and you may not receive all possible events or any particular event.

Eligibility Requirements

Rush Hour Rewards is available to Con Edison residential electric customers who meet certain eligibility requirements. In order to participate, you must: (1) be a Con Edison residential electric service account holder with an installed, operable Nest thermostat controlling a cooling system at a Con Edison service address; (2) have an 802.11 wireless network at that Con Edison service address; (3) agree to the terms and conditions set forth in this Agreement; and (4) be over the age of 18 and have obtained any necessary consents to enter into this Agreement (e.g. from a landlord, if the terms of your lease or other agreement so provide).

Incentive Payment

Con Edison account holders are eligible to earn incentive payments or other rewards for enrolling and/or continued enrollment and participation in Rush Hour Rewards and the Program. Incentives will be provided pursuant to the applicable Con Edison offer and the automatic enrollment of additional Nest thermostats may not result in additional incentives. Incentives are conditioned on Program funding and continuation.

Program Participation

By accepting this Agreement, you agree and certify that:

The information you provide for enrollment and as a part of your Nest account is truthful, and that you meet the minimum eligibility requirements. Nest or Con Edison may terminate your participation in the Rush Hour Rewards Program and the Program (or reject your enrollment in these programs) if the information you submit as part of this Agreement is not true, if you do not satisfy eligibility requirements, or for any other reason. You are using Nest’s Rush Hour Rewards Service and participating in the Program on a voluntary basis. If you are dissatisfied with the Program, or if you no longer wish to grant the authorizations provided herein, you may unenroll at any time by calling Nest at:1-855-469-6378.

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 may cause a change in the temperature set-point for the air conditioner in your home. Any such adjustment will occur without any manual intervention by you. Again, at any time that you desire, you may override this temperature set-point.

Your incentive payments are provided solely by Con Edison. Nest bears no responsibility for the payment. You acknowledge that Nest is facilitating your ability to claim these incentive payments, but Nest is not providing you any compensation or other financial benefit, and the terms of this Agreement are not contingent upon your receipt of payment or the amount of the payment. Con Edison reserves the right to seek further information to verify your eligibility to receive the incentive payments.

You agree to use Rush Hour Rewards only in compliance with the policies and agreements referenced in this document and on the Nest website, as well as all applicable local, state, national, and international laws, rules and regulations. You also agree that your participation in the Program is subject to Con Edison’s Privacy Policy, as set forth on the Con Edison website You release and hold harmless Nest and Con Edison from any and all liability, claim, demand, cause of action, damage or expense arising out of or resulting from your participation in Rush Hour Rewards and the Program.

This Agreement is effective upon your accepting this Agreement online and will continue until you, Nest or Con Edison cancels your participation, provided that any permissions or releases granted hereunder shall survive cancellation with respect to activities occurring prior to the time of such cancellation. Rush Hour Rewards is a summertime program that may continue each year for so long as Nest, Con Edison, or you do not terminate your participation.

Authorization to Receive Customer Information

By submitting this Agreement, you give Nest and Con Edison the following permissions:

I allow Con Edison and Nest to share between them any information necessary to confirm my enrollment in Rush Hour Rewards and the Program. I agree that Nest and Con Edison may review and analyze my energy usage and electric bill information for program purposes (including but not limited to confirm my eligibility for incentive payments) and may exchange conclusions with each other and publish results based on those conclusions, provided that Nest and Con Edison treat all such data in accordance with their respective privacy policies.

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

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