MidAmerican Energy Company PROGRAM AGREEMENT

Thank you for your interest in the MidAmerican Energy Company SummerSaver™ Program, in partnership with CLEAResult and its subcontractor, Virtual Peaker.

THE SUMMERSAVER 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 SUMMERSAVER PROGRAM.

BY SIGNING UP FOR OR CONTINUING PARTICIPATION IN THE SUMMERSAVER 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 PARTICIPATE IN THE SUMMERSAVER PROGRAM.

The SummerSaver Program is available only to MidAmerican Energy Company’s residential electric customers who meet certain eligibility requirements (“Minimum Eligibility Requirements”), which require you to: (1) be a MidAmerican Energy Company residential electric service account holder; (2) have an 802.11 wireless network at the MidAmerican Energy Company 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 MidAmerican Energy Company service address; and (5) agree to the terms of this Agreement. MidAmerican Energy Company shall verify your eligibility prior to your participation in the SummerSaver Program and can deny or terminate participation for any reason whatsoever without notice to you.

You are authorizing MidAmerican Energy Company to share information with CLEAResult and its subcontractors, Virtual Peaker and Energy Datametrics, about your associated account. The information to be shared is your account number and service address,

You are authorizing MidAmerican Energy Company and CLEAResult and its subcontractors, Virtual Peaker and Energy Datametrics to have access to certain information (including, but not limited to, your name, email address, service address, MidAmerican Energy Company account number, Nest Thermostat serial number, activation date, runtime data, setpoints, and related details) to allow MidAmerican Energy Company to verify that you are eligible to participate in the SummerSaver Program and to evaluate the comprehensive energy impact of the Nest Thermostat.

The SummerSaver Program participation period (“Participation Period”) shall be June 1 to September 30 each year. MidAmerican Energy Company account holders participating in the MidAmerican Energy Company SummerSaver Program agree that the term of participation shall begin on the date of enrollment of your Google Nest Thermostat.

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 MidAmerican Energy Company may terminate this Agreement, refuse to enroll you, or terminate your enrollment in the SummerSaver 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 SummerSaver Program on a voluntary basis.

You release and hold harmless MidAmerican Energy Company and CLEAResult and its subcontractors, Virtual Peaker and Energy Datametrics from any liability, claim, demand, cause of action, damage or expense resulting from your participation in the SummerSaver Program.

This Agreement is effective upon your enrollment and will continue until you or MidAmerican Energy Company cancels your participation.

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