Program Rules and Customer Agreement

Customer Agreement

1. 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 Resideo Technologies Inc.; (4) have an installed qualifying Honeywell Home Smart Thermostat controlling an air conditioning unit at customer’s service address; and (5) agree to the conditions set forth in the Resideo Technologies Inc. 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:
      • $150 enrollment incentive payment per device
      • $50 annual participation incentive payment per device

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. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.