HELPS CONNECTED HOMES PROGRAM AGREEMENT

November 15, 2020

Thank you for your interest in the [HELPS] [Connected Homes] Program, in partnership with Massachusetts Municipal Wholesale Electric Company (“MMWEC”), and its subcontractor, [Virtual Peaker].

THE [CONNECTED HOMES] PROGRAM IS OFFERED UNDER THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT (“AGREEMENT”) AND ON THE CONDITION THAT YOU ACCEPT AND COMPLY WITH THEM. THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT AMEND AND REPLACE ANY PREVIOUS TERMS AND CONDITIONS FOR THE [CONNECTED HOMES] PROGRAM.

BY SIGNING UP FOR OR CONTINUING PARTICIPATION IN THE [CONNECTED HOMES] PROGRAM YOU (A) ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS; AND (B) REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ENROLL IN THE [CONNECTED HOMES] PROGRAM.

The [Connected Homes] Program is available only to residential electric customers of [Belmont Light (BL), Groton Electric Light Department (GELD), Holden Municipal Light Department (HMLD), Holyoke Gas and Electric (HG&E), Ipswich Electric Light Department (IELD), Mansfield Municipal Electric Department (MMED), Marblehead Municipal Light Department (MMLD),  Paxton Municipal Light Department (PMLD),  Peabody Municipal Light Plant (PMLP), Princeton Municipal Light Department (PMLD), Shrewsbury Electric and Cable Operations (SELCO), South Hadley Electric Light Department (SHELD), Sterling Municipal Light Department (SMLD), Wakefield Municipal Gas and Light Department (WGMLD), or West Boylston Municipal Light Plant (WBMLP) (hereafter, “HELPS Participating MLPs”)] who meet certain eligibility requirements (“Minimum Eligibility Requirements”), which require you to: (1) be a [HELPS Participating MLP] residential electric service account holder; (2) have an 802.11 wireless network at the [HELPS Participating MLP] service address; (3) have an active Google or Nest account linked to your Google Nest Thermostat; (4) have an installed and operating Nest Thermostat controlling an air conditioning unit, at your [HELPS Participating MLP] service address; and (5) agree to the terms of this Agreement. [HELPS Participating MLP] shall verify your eligibility prior to your participation in the [Connected Homes] Program and can deny or terminate participation for any reason whatsoever without notice to you.

You are authorizing [HELPS Participating MLP] to share information with MMWEC and its subcontractor, [Virtual Peaker] about your associated account. The information to be shared is your account number and service address, consumption and billing data, billing records, billing history, meter usage data, and rate information.

You are authorizing [HELPS Participating MLP], MMWEC, and its subcontractor, [Virtual Peaker] to have access to certain information (including, but not limited to, your name, email address, service address, [HELPS Participating MLP  account number, Nest Thermostat serial number, activation date, runtime data, setpoints, and related details) to allow [HELPS Participating MLP] to verify that you are eligible to participate in the [Connected Homes] Program and to evaluate the comprehensive energy impact of the Rush Hour Rewards Program.

The [Connected Homes] Program participation period (“Participation Period”) shall be [May 1-September 30]. [HELPS Participating MLP] account holders participating in the [HELPS] [Connected Homes] Program agree that the term of participation shall begin on the date of enrollment of your Google Nest Thermostat into the Rush Hour Rewards program.

You represent and warrant that the information you have provided as part of this Agreement is truthful and you meet the Minimum Eligibility Requirements. You further agree that [HELPS Participating MLP] may terminate this Agreement, refuse to enroll you, or terminate your enrollment in the [Connected Homes] 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 whatsoever, with or without notice to you. You agree that you are participating in the [Connected Homes] Program on a voluntary basis.

You release and hold harmless [HELPS Participating MLP] and MMWEC and its subcontractor, [Virtual Peaker] from any liability, claim, demand, cause of action, damage or expense resulting from your participation in the [Connected Homes] Program.

This Agreement is effective upon your enrollment and will continue until you or [HELPS Participating MLP] cancels your participation.

HELPS Participating MLPs are as follows:

Belmont Light (BL), Groton Electric Light Department (GELD), Holden Municipal Light Department (HMLD), Holyoke Gas and Electric (HG&E), Ipswich Electric Light Department (IELD), Mansfield Municipal Electric Department (MMED), Marblehead Municipal Light Department (MMLD),  Paxton Municipal Light Department (PMLD),  Peabody Municipal Light Plant (PMLP), Princeton Municipal Light Department (PMLD), Shrewsbury Electric and Cable Operations (SELCO), South Hadley Electric Light Department (SHELD), Sterling Municipal Light Department (SMLD), Wakefield Municipal Gas and Light Department (WGMLD), and West Boylston Municipal Light Plant (WBMLP) (hereafter collectively, HELPS Participating MLPs)