CUSTOMER LETTER OF ACKNOWLEDGEMENT

By enrolling in the energy savings program ("Program") that refers or links to this document, you agree to Ademco Inc.'s ("Resideo") EULA and Privacy Policy, as well as the Customer Letter of Acknowledgement below. Please ensure you read these three documents carefully and understand them before enrolling in the Program.

You further understand and agree that as part of your participation in the Program, Resideo will send and receive information about you (for example the information collected on the Program enrollment page), your thermostat (such as your thermostat runtime and enrollment status) and your energy usage (such as energy consumption information) to/from other companies that are involved in the operation of the Program such as your utility company, Program enrollment verification providers and other energy market participants (such as CPower, below) and administrators. These other companies act independently from Resideo and use the information they receive from Resideo as set out in their respective privacy policies.

Customer acknowledges that in order to participate in the Program, Customer's utility service company MetEd and/or Penelec (the "Utility") requires a Customer Usage Information Authorization form (the "Form") to be completed and submitted with Customer's information. Such Form is available at https://www.firstenergycorp.com/content/dam/customer/csp/CustUsageInfoAuthForm-Generic_5-30-07.pdf.

By enrolling in the Program, Customer agrees as follows: "I hereby authorize my electric utility to act in my behalf for the purpose of obtaining information about my historical energy usage and billing information and consent to the release of same so that the Company named herein may evaluate my energy usage patterns and make me an offer to supply energy. The utility considers all customer usage information to be confidential. This authorization in no way binds me to the purchase of any service or product from the Company named herein and is to be used for the sole purpose of determining my offer price of electricity service or the provision of other energy-related services."

Customer hereby confirms that Customer has reviewed the Form and expressly authorizes Project Owner to complete the Form with Customer's information, as previously provided to Project Owner by Customer, and submit such form to Utility on Customer's behalf.

 

CPOWER CUSTOMER LETTER OF ACKNOWLEDGEMENT

  1. This Letter of Acknowledgment is being provided solely with respect to the UDC Account Numbers identified below. We, the undersigned entity (the “Customer”) understand that Enerwise Global Technologies, LLC d/b/a CPower (“Provider”) enrolls, and provides related services for, facilities in connection with, energy curtailment and similar programs, including, without limitation, programs administered by independent system operators and electric distribution companies (“Program(s)”).

  2. The Customer owns, or otherwise has full authority to enter into this Letter of Acknowledgment for each Account listed below. Customer provides Provider with the right to manage or allow the management of each of the Accounts’ participation in the Program(s), the right to enroll each Account in Program(s) and the right to the capacity of said Accounts.

  3. Customer has entered into a contract with Ademco Inc. dba Resideo Technologies, Inc. or its affiliates (“Project Owner”) which provides Project Owner with the right to enroll the below listed Account(s) (“Accounts”) in energy management Programs. Customer acknowledges that any compensation due under the Programs will be solely for the benefit of Project Owner and Provider and Customer agrees it will receive no compensation from Provider as a result thereof.

  4. Customer acknowledges and agrees that Project Owner has entered into a Master Service Agreement and related Addenda (“Agreement”) with Provider and Customer agrees to take no actions that may prevent Project Owner from meeting its Agreement obligations.

  5. Customer agrees that Provider shall not be liable to Customer or any other person or entity with an interest in any Account in any way in connection with an Account’s participation in a Program including, without limitation, for any personal injury or property damage to any Customer facility.

  6. Customer agrees to provide such information as Provider or Project Owner may reasonably request in connection with the enrollment and participation of an Account in any Program.

  7. Customer acknowledges that Provider is providing Program related services for each Account in reliance on Customer entering into this Letter of Acknowledgment and its agreement to abide by the terms and conditions of Project Owner’s Agreement with Provider. Customer agrees that this Letter of Acknowledgment shall remain in full force and effect for so long as the Agreement between Project Owner and Provider remains in full force and effect, and that no amendment to this Letter of Acknowledgment shall be effective unless in writing and signed by Customer and Provider.