Legal Items

Kansas City Power & Light

KCP&L Thermostat Program Agreement

KCP&L offers its KCP&L Thermostat Program (the “Program”) to residents in a continuous effort to balance the growing demand for electricity with environmental and overall cost concerns. As part of the Program, KCP&L residential customers may be eligible to receive a Nest Learning Thermostat installed at their KCP&L service address.

If you qualify for the Program, you will receive a free Nest Learning Thermostat and free installation and thermostat maintenance services by qualified personnel. KCP&L maintains ownership of the Nest Learning Thermostat until you complete three years in the Program. After three years, you may choose to remain enrolled in the Program on an annual basis and in so doing will continue to receive thermostat maintenance services at no charge. Should you elect to not remain enrolled in the Program prior to completing the three-year agreement, KCP&L or its agents will remove the Nest Learning Thermostat and replace it with your original thermostat, also at no charge.

Should you choose to have KCP&L or its agents recycle your original thermostat and later choose to no longer participate in the Program prior to your completion of three years in the Program, KCP&L will replace the Nest Learning Thermostat with a digital thermostat. You understand and agree to that by no longer participating or being enrolled in the Program, you have sole responsibility for any repair or maintenance the replacement thermostat may require.

Rush Hour Rewards

The Program also allows you to participate in the Rush Hour Rewards Program, a service offered by Nest Labs, Inc. (“Nest”). As part of the Rush Hour Rewards Program, Nest’s servers will remotely inform your Nest Learning Thermostat of the existence of a Rush Hour Rewards event, causing the Nest Learning 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 Learning 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 KCP&L to enroll you in the Program, pursuant to the terms and conditions below. Any additional Nest Learning Thermostats installed at your KCP&L service address will be automatically enrolled in Rush Hour Rewards.

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 (http://www.nest.com/legal) and applicable laws and regulations.

The Rush Hour Rewards Program is available to KCP&L residential electric customers who meet certain eligibility requirements. In order to participate, you must: (1) be a KCP&L residential electric service account holder with an installed, operable Nest Learning Thermostat controlling an air conditioning unit, at the KCP&L service address; (2) have an 802.11 wireless network at the KCP&L service address; (3) have an active Nest account linked to your Nest Learning Thermostat; and (4) agree to the terms and conditions set forth in this Agreement.

Incentive(s)

KCP&L account holders are eligible to earn incentive payments or other rewards (“Incentives”) for enrolling and/or continued enrollment in the Program. The Incentives are provided solely by KCP&L. 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. KCP&L reserves the right to seek further information to verify your eligibility for the Incentives.

Agreement

By submitting this Agreement, you agree that:

• KCP&L or its agent(s) are authorized to remove your original thermostat(s) and install the Nest Learning Thermostat at your KCP&L service address. In addition, you are responsible for the safe-keeping of the original thermostat(s) installed at your KCP&L service address and hold KCP&L, Nest and their agents harmless for its condition after the Nest Learning Thermostat is installed. You also agree that should any service or repair issue arise with the Nest Learning Thermostat or air conditioner unit, that you will call the Program Hotline first in an effort to resolve the issue.

• KCP&L 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, checking account, or similar payment information will not be shared by KCP&L with Nest.

• Nest may share certain information (including, but not limited to, your name, email address, service address, KCP&L account number, Nest Learning Thermostat serial number, activation date, Nest account status, runtime data, set-points, and related details) with KCP&L to verify that you are eligible to participate in the Rush Hour Rewards Program and to evaluate the comprehensive energy impact of the Nest Learning Thermostat. In addition, Nest may share with KCP&L your decision to opt out of the 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 Program.

• The information you have provided as part of this Agreement is truthful and you meet the minimum eligibility requirements. Nest or KCP&L may terminate this Agreement and not enroll you, or terminate your enrollment, in the Program and/or 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 enrolling in the Program and participating in the Rush Hour Rewards Program on a voluntary basis.

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

• You release and hold harmless KCP&L, Nest and their agents from any liability, claim, demand, cause of action, damage or expense resulting from your participation in the Program and the Rush Hour Rewards Program.

This Agreement is effective upon your submitting this Agreement and will continue until you, KCP&L or Nest cancels your participation. You may cancel participation at any time during the program by calling 866-882-4429.