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Program Rules and Customer Agreement

Program Rules

Central Hudson Gas & Electric – Peak Perks My Thermostat Rewards (MTR) Program Rules

The following Program Rules and Customer Agreement pertain only to Central Hudson Gas & Electric customers in Targeted Demand Management (TDM) load zones.

Eligibility:

Open to Central Hudson Gas & Electric residential and small commercial customers named on electric accounts in TDM load zones.
MTR Participants must have wireless internet connectivity (Wi-Fi) and a central heat ventilation and air conditioning (HVAC) system or a heat pump and central heat. Homes with window air conditioning units or multi-zone systems are not eligible. Heat only systems are not eligible for this program.
MTR Participants must have an eligible MTR Thermostat, as listed in the Eligible Smart Thermostats section below.
Current Peak Perks Participants are permitted to participate with their thermostats, but will not be eligible to receive the enrollment incentive. Central Hudson Gas & Electric reserves the right to review any exception to this restriction.
MTR Participants must own and have control of the residence’s thermostat.

Incentives:

MTR Participants will receive a $100 enrollment incentive payment and a $50 annual participation incentive payment per device.
If an MTR Participant drops out of the MTR program before the end of the conservation season (i.e., before September 30 of any MTR program year) or opts out of more than two conservation events, the annual incentive will not be paid.
Enrollment incentives will be paid within four to six weeks of when enrollment has been confirmed.
Annual participation incentives will paid within four to six weeks after the end of the program year. If a participant opts out of the program in the same month in which they enrolled, they will forfeit any incentives.

Change Participation Status:

If MTR Participants inform Central Hudson Gas & Electric they wish to be removed from the program, their thermostat will be deactivated from the program, they will cease to participate in conservation events, and they will not be eligible for the annual participation incentive for that season.

Conservation Events:

Conservation events will occur June 1 through September 30, between noon and 8 p.m., will last for at least one-half (1/2) hour, and may last for up to four (4) hours. In the event of a regional or system-wide emergency, events may last longer than 4 hours.
Conservation events will not occur on weekends or federal holidays.
MTR Participants must participate in all conservation events, but may opt out of two events each conservation season (June through September). Excessive opt-outs or persistent and/or lengthy periods of disconnection may disqualify the MTR Participant from the program and all future cash incentives.
NYISO, the state’s electrical transmission authority, could require emergency Conservation Events for regional reliability reasons any time of year, for which Central Hudson Gas & Electric may, for compliance, be required to cycle air conditioners and heat pumps. Customer may not opt out of an NYISO conservation event.

Eligible Smart Thermostats:

To participate in the MTR program, currently eligible customers must control any of the following thermostats: Honeywell Home Smart Thermostats

TH8110R1008	YTHM1004R3024	RTHC2CWF	YTH6320R1122
TH8320R1003	TH6220WF2006	RTH2SMC	YTHX9421R5135WW
TH8321R1001	TH6320WF2003	THX321WF2003W	RTH6580WF1006
YTH8321WF1036	TH2110WF4008	THX321WF2001W	RTH8580WF1004
TH9320WF5003	TH2320WF4010	THX321WFS2001W	RTH8580WF1007
TH5320R1002	RTH8800WF2022	RCHT9610WFSW2019	RTH9580WF1005
YTH5320R1000	RCHT8610WF2006	RCHT8612WF2015	RTH9580WF1013
YTH6320R1001	SMHOM8610KIT	RCHT8612WF3006	RTH9580WFKITHQ
THX9421R5021WW	RTH9585WF1004	RCHT8612WF2005	RET97A5E1001
YTHX9421R5085WW	RTH9585WF1012	RCHT8610WF2014
YTHX9421R5101WW	RTH9600WF2022	RCHT8610WF3005
YTHX9421R5127WW	RCHT9510WFW2001	TH8732WFH5002
YTHX9421R7001WW	RCHT9510WFW2017	RCH9310WF5003
THX321WF3003W	RCHT9610WFSW2003	RCH9310WF5011
THX321WFS3001W	SMHOM9510KIT	YTL9160AR1000
THX321WFS3024W	RTH6580WF1001/W1	YTA7210-AR-SPK
YTHM1004R3000	RTH6580WF1006/W1	TH6320WF1005
YTHM1004R3001	RTH2CWF	YTH6320R1114

All MTR Participants must (a) have an active account linked with Resideo Technologies Inc.; (b) have an installed qualifying Honeywell Home Smart Thermostat controlling an air conditioning unit at Participant’s service address; and (c) agree to the conditions set forth in the Resideo Technologies Inc. service agreement.

Customer Agreement

1. BY SUBMITTING YOUR ENROLLMENT, AND/OR BY YOUR PARTICIPATION IN THE CENTRAL HUDSON GAS & ELECTRIC PEAK PERKS MY THERMOSTAT REWARDS (MTR) PROGRAM (THE “PROGRAM”), YOU (“CUSTOMER”) AGREE TO THE TERMS OF THIS PARTICIPATION AGREEMENT WITH ITRON, INC., THE EXCLUSIVE CENTRAL HUDSON GAS & ELECTRIC CONTRACTOR OF THE PROGRAM (“CONTRACTOR”). IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE CONTACT ITRON AT 866-818-1900 TO DISCONNECT YOUR THERMOSTAT FROM THE PROGRAM.
2. Customer agrees to enroll in the Program through account links provided by the manufacturer of Customer’s owned and controlled program-eligible smart thermostat (the “Equipment”). To be eligible to participate in the Program, Customer must (1) be a Central Hudson Gas & Electric residential or small commercial electric service account holder; (2) have a wireless internet network at the Central Hudson Gas & Electric service address; (3) have an active account linked with the Resideo app; (4) have an installed qualifying Honeywell Smart Thermostat controlling an air conditioning unit or heat pump at customer’s service address; and (5) agree to the conditions set forth in the Honeywell service agreements.

3. Customer understands that the Equipment will permit Central Hudson Gas & Electric to cycle off and on the compressor on Customer’s central air conditioner unit or heat pump during times of high overall electricity demand.

4. The incentives Customer will receive in consideration for participation are as follows:

· $100 enrollment incentive payment per device (residential/commercial)

· $50 Annual participation incentive payment per device (residential)

· $75 Annual participation incentive payment per device (small commercial)

Central Hudson Gas & Electric may, from time to time, modify the incentive structure. Customer understands that if participation is terminated before the completion of a conservation season (i.e., before September 30 of any MTR program year), the annual incentive will not be paid.

1. It shall be understood the Equipment shall remain the property of Customer. Customer agrees to notify Central Hudson Gas & Electric if Customer disconnects or removes the Equipment. This Agreement is not assignable or otherwise transferable by Customer.

2. Customer shall have the right at any time to terminate program participation by notifying Itron in writing or by telephone. If Customer decides to terminate, Customer will forfeit all credits toward that season’s MTR annual participation incentive payment.

3. Central Hudson Gas & Electric will not be liable to Customer or to any third party for any losses or damages, including loss of profits, loss of earnings, loss of business opportunities, and personal injuries (including death), including, without limitation, any damage resulting from or arising out of Customer’s participation in the Program.

4. Customer understands that Central Hudson Gas & Electric assumes no responsibility for and shall have no responsibility for the condition or repair of Customer’s central air conditioner or other equipment. Customer understands that Customer is responsible for the repair and maintenance of Customer’s equipment.

5. Customer agrees and authorizes the utility’s sharing of the participant information and/or project-level information with New York State Department of Public Service Staff and NYSERDA, including its agents or authorized representatives, consistent with NYSERDA’s New York State Public Service Commission and statutorily authorized responsibilities, including, but not limited to supporting market development initiatives, and other evaluation and measurement activities.

6. THE PROGRAM IS PROVIDED “AS IS.” CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT CENTRAL HUDSON GAS & ELECTRIC MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE EQUIPMENT OR THE PROGRAM. THE PROGRAM IS PROVIDED WITHOUT WARRANTY OF ANY KIND. THE EQUIPMENT IS THE RESPONSIBILITY OF CUSTOMER AND PARTICIPATES IN THE PROGRAM WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ALL WARRANTIES ARE DISCLAIMED BY CENTRAL HUDSON GAS & ELECTRIC TO THE FULLEST EXTENT PERMITTED BY THE LAW.

7. Customer agrees to hold harmless, defend, and indemnify Central Hudson Gas & Electric, and its subsidiaries, affiliates, officers, agents, and employees, from and against any third-party claim arising from or in any way related to Customer’s improper use of the Equipment or the Program, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys’ fees, of every kind and nature. In such a case, Central Hudson Gas & Electric will provide Customer with written notice of such claim, suit, or action.

8. This Agreement constitutes the entire agreement between Customer and Central Hudson Gas & Electric. No undertaking, representation, or warranty made by any agent or representative of Central Hudson Gas & Electric in connection with the sale, installation, maintenance, or removal of Central Hudson Gas & Electric’s services or the Equipment shall be binding on Central Hudson Gas & Electric except as expressly included herein.

9. Customer understands that Central Hudson Gas & Electric reserves the right to modify the terms of the Peak Perks program or the MTR program. Customer will receive notice of such Program modification. Customer’s continued participation in the Program following notice of such change shall be considered acceptance of such modification.

10. Central Hudson Gas & Electric may assign or delegate any of its rights or obligations under this Agreement to independent contractors or other third-party organizations. Customer’s rights may not be assigned or transferred without Central Hudson Gas & Electric’s written consent.

11. The above provisions regarding events beyond Central Hudson Gas & Electric’s control, warranties, disclaimers of warranty and liability, and termination will survive the termination of this Agreement. Failure to insist on strict performance of the terms will not operate as a waiver of any subsequent default or failure of performance. If any part of the above is determined to be invalid or unenforceable by a court of competent jurisdiction, then the invalid or unenforceable provision will be deemed ineffective and the remainder of the Agreement shall continue in effect. No joint venture, partnership, employment, or agency relationship exists between Customer and Central Hudson Gas & Electric as a result of this Agreement.

Peak Perks Sensi Program Rules

Central Hudson Gas & Electric – Peak Perks My Thermostat Rewards (MTR) Program Rules

The following Program Rules and Customer Agreement pertain only to Central Hudson Gas & Electric customers in Targeted Demand Management (TDM) load zones.

Eligibility:

Open to Central Hudson Gas & Electric residential and small commercial customers named on electric accounts in TDM load zones.
MTR Participants must have wireless internet connectivity (Wi-Fi) and a central heat ventilation and air conditioning (HVAC) system or a heat pump and central heat. Homes with window air conditioning units or multi-zone systems are not eligible. Heat only systems are not eligible for this program.
Current Peak Perks Participants are permitted to participate with their thermostats, but will not be eligible to receive the enrollment incentive. Central Hudson Gas & Electric reserves the right to review any exception to this restriction.
MTR Participants must own and have control of the residence’s thermostat.

Incentives:

MTR Participants will receive a $100 enrollment incentive payment. At the time of enrollment, the customer will choose between 50% cycling and 75% cycling. An annual participation payment of $50 per device will be paid to those choosing 50% cycling and $75 per device to those choosing 75% cycling
If an MTR Participant drops out of the MTR program before the end of the conservation season (i.e., before September 30 of any MTR program year) or opts out of more than two conservation events, the annual incentive will not be paid.
Enrollment incentives will be paid within four to six weeks of when enrollment has been confirmed.
Annual participation incentives will be credited to Participants’ bills within four to six weeks after the end of the program year. If a participant opts out of the program in the same month in which they enrolled, they will forfeit any incentives.

Change Participation Status:

If MTR Participants inform Central Hudson Gas & Electric they wish to be removed from the program, their thermostat will be deactivated from the program, they will cease to participate in conservation events, and they will not be eligible for the annual participation incentive for that season.

Conservation Events:

Conservation events will occur June 1 through September 30, between noon and 8 p.m., will last for at least one-half (1/2) hour, and may last for up to four (4) hours. In the event of a regional or system-wide emergency, events may last longer than 4 hours.
Conservation events will not occur on weekends or federal holidays.
MTR Participants must participate in all conservation events, but may opt out of two events each conservation season (June through September). Excessive opt-outs or persistent and/or lengthy periods of disconnection may disqualify the MTR Participant from the program and all future cash incentives.
NYISO, the state’s electrical transmission authority, could require emergency Conservation Events for regional reliability reasons any time of year, for which Central Hudson Gas & Electric may, for compliance, be required to cycle air conditioners and heat pumps. Customer may not opt out of an NYISO conservation event.

Eligible Sensi Thermostat:

To participate in the MTR program, Central Hudson Peak Perks participants must (a) have an active account linked with the Sensi app; (b) have an installed qualifying Sensi smart thermostat controlling an air conditioning unit at participant’s service address; and (c) agree to the terms and conditions set forth.