Thermostat Program

The Peak Partners Thermostat Customer Agreement

By undersigned customer (“Customer”) submitting enrollment and/or by Customer’s acceptance of Program equipment installation and participation in the Peak Partners Program (“Program”), Customer certifies that Customer is the named Fort Collins Utilities account holder and agrees to the terms of this participation agreement (“Agreement”). Acceptance of such terms, as stated herein, is a condition of participation in the Program. If Customer does not agree with these terms, Customer cannot proceed with receiving Program services.

1. AVAILABILITY:
1. The Program is available, exclusively at the Company’s option, on a voluntary basis for Fort Collins Utilities Residential and Small Commercial Customers with installed standard digital meters in owner-occupied single family residences and rental properties with landlord property manager enrollment, and small commercial service customers. In addition, to qualify for participation in this Program, Customer must meet the following conditions:
  1. Customer must be a Fort Collins Utilities Light and Power Customer
  2. Customer’s residence must have a central electric air conditioning system, suitable for use with the thermostat technology utilized in this Program.System qualifiers:
    - Customer must HVAC units or heat pumps that are operated separately
    - Customer must not have a zoned HVAC system (e.g., one HVAC unit cannot be controlled by two (2) thermostats).
  3. Customer’s service location residence must have only one (1) meter.
  4. Customer must have broadband, secured Wi-Fi Internet service
2. FORT COLLINS UTILITIES’ OBLIGATIONS:
1. Fort Collins Utilities will install web-programmable thermostat(s) (“thermostats” or “Equipment”) inside a qualified Customer’s home.
2. Fort Collins utilities will provide Customer with access to the Peak Partners web/mobile dashboard for remote thermostat management, tips, and energy usage comparison information.
3. During the Term (as defined below) of this Agreement, the Company shall maintain and repair the Equipment at the Company’s expense if there are any manufacturer-related defects or warranty issues. The Company shall repair the Equipment promptly following notification from Customer. The Company shall have the right to repair, modify or replace the Equipment at any time during the Term of this Agreement.
4. Any modifications to the Equipment made by Customer or an unauthorized third party vendor will void Fort Collins Utilities’ obligation to repair the Equipment at the Company’s expense.
5. Fort Collins Utilities may, in its sole discretion, permit Customer to remain in the Program if the Equipment is accidentally damaged by Customer or an unauthorized third-party vendor.
6. Company may assign or delegate any of its rights or obligations under this Agreement to independent contractors or other third-party organizations. Customer may not assign or transfer the subject service account or any rights under the Program without Fort Collins Utilities’ written consent.
3. CUSTOMER’S OBLIGATIONS:
1. If Customer and/or anyone in Customer’s household has health concerns or medical conditions that might be impacted by temperature changes, Customer should consider if it is appropriate to enroll in the Program.
2. Customer shall schedule an appointment with Fort Collins Utilities to have the Equipment installed in Customer’s home. A responsible adult over the age of eighteen (18) years must be present during the installation.
3. Customer shall grant to the Company reasonable access to Customer’s property throughout the Term of this Agreement as may be deemed necessary by the Company for the installation, maintenance, repair and/or replacement of all or any portion(s) of the Equipment.
4. In the event the Equipment fails to operate or otherwise requires repairs, Customer shall notify the Company promptly by calling the designated repair telephone number provided by the Company (855-350-1464)
5. Customer agrees to notify Fort Collins Utilities if Customer disconnects or removes the Equipment for any reason.
6. Customer agrees to notify Fort Collins Utilities if Customer installs additional HVAC units after enrollment in the Program and installation of Equipment.
7. If Customer elects to withdraw from the Program, Fort Collins Utilities may not remove the Equipment, but the Equipment will be immediately disabled in the Company’s operational and billing Systems and the Company will no longer support or maintain the Equipment. Nevertheless, Customer may continue to use the settings of any remaining Equipment in their home. Fort Collins Utilities will not be responsible for reinstalling Customer’s previous thermostat(s).
8. Customer understands that Fort Collins Utilities reserves the right to modify the terms of the Program. Customer will receive notice of such Program modification(s). Customer’s continued participation in the Program following notice of such change shall be considered continued acceptance of the Program with such modified terms.
9. Customer consents to receipt of electronic Program notices and alerts via smart phone app, email, and/or text. Customer has the right to unsubscribe of notifications.
4. CONSERVATION EVENTS:
1. Customer understands that the Program requires participation in conservation cycling events (“conservation events”) during which the Company shall have the right to intermittently interrupt service to Customer’s central electric air conditioning or heat pump systems. Customer may opt-out of two (2) scheduled conservation cycling events per program season (May 1 through September 30).
  - Though not a guarantee in all situations that may arise, Conservation events typically occur on weekdays before 6:00 p.m. and usually go on intermittently for no more than 2-4 hours.
  - Customer can expect no more than 20 conservation events per year.
2. Customer understands that during conservation events, the fan on their air conditioning system will continue to circulate air throughout their Home, if the setpoint in the thermostat is below the indoor temperature. However, the compressor in their air conditioning system, which actively cools hot air, will be shut off temporarily.
3. Customer will permit Fort Collins Utilities to cycle the compressor of their air conditioning system off and on during times of high overall electricity demand, as detailed below:50% cycling – Customer’s compressor operates 50% of the amount of time that it did in the prior hour to the start of a conservation event. For the average home, a typical conservation event will likely result in a 1- to 3-degree rise in temperature.
4. If Customer has more than one thermostat installed, Customer understands that the 50% cycling level will be applied to all thermostats.
5. The Customer will be notified prior to each event. Depending on the urgency and need for each event, the notification time may vary from immediately to one (1) day prior to the event. Detailed information about each event will be sent to the Customer’s mobile device via email or text message, dependent on their notification choice. Throughout the conservation event, a notification banner will appear on the portal. The Customer will also see an indicator light on the Equipment prior to an event. The Customer must opt-out to stop receiving email notifications.
5. TERM AND TERMINATION:
1. This Agreement shall be effective as of the last date of execution by the Parties. The term shall commence on the date of the successful installation of the Equipment and shall continue until Customer terminates participation or withdraws from the Program upon notice to Fort Collins Utilities. Customer shall have the right at any time to terminate their participation in the Program by notifying Fort Collins Utilities at 855-350-1464.
2. If Customer elects to leave the Program, the Equipment will remain in the then-current state of functionality and Customer should be able to use the Program thermostat to control the temperature in their home or business unit.
6. TITLE TO EQUIPMENT AND DATA:
1. The Equipment will become the property of Customer once installed in Customer’s home or business unit.
2. Customer hereby consents to the Company’s use of any data and information collected by the Equipment or by the Company, including energy usage data. Customer further consents to allow the Company to share such data and information in aggregate form with its third party vendor Itron, DEM Inc.,. and any of Itron DEM Inc.s subcontractors who need access to such data in order to provide the functionality of the Program. The Company shall have the right to use, copy, distribute, and create derivative works from such data and information as necessary or helpful to evaluate additional products and services for the Company’s business purposes. Company will not provide customer identifiable information to any third party under the Program without Customer’s consent.
3. This Agreement and the Equipment are not assignable or otherwise transferable by Customer.
7. INDEMNIFICATION:

Customer shall release, hold harmless and indemnify Fort Collins Utilities, its employees, and agents, against any claim of liability or loss from bodily injury or property damage resulting from or arising out of the acts of the Company, its employees or agents, except, however, such claims or damages as may be due to or caused by the willful and wanton acts or omissions of the Company, its employees, or agents.
8. MISCELLANEOUS:
1. This Agreement constitutes the entire agreement between Customer and Fort Collins Utilities on the subject matter hereof. No undertaking, representation, or warranty made by any agent or representative of Fort Collins Utilities in connection with the sale, installation, maintenance, or removal of services or Equipment shall be binding on Fort Collins Utilities except as expressly included herein.
2. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado without reference to its conflict of laws principles.
9. LIMITATION OF LIABILITY:
1. Customer understands that Company assumes no responsibility for the condition or repair of Customer’s central air conditioner or other equipment. Customer understands and accepts that Customer is responsible for the repair and maintenance of Customer’s equipment, including any Program equipment incorporated into the systems at Customer’s residence or business unit upon Customer’s termination or withdrawal from the Program.
2. In no event shall either Party be liable for consequential, special, incidental, exemplary, punitive, or any indirect damages of any nature arising at any time, from any cause whatsoever. 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, at the sole discretion of Fort Collins Utilities, 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 Fort Collins Utilities as a result of this Agreement.

Water Heater Program

The Peak Partners Water Heater Customer Agreement

Fort Collins Utilities (the “Company”) and the undersigned customer (the “Customer”) agree that, by submitting enrollment and/or by the Customer’s acceptance of program equipment, installation and participation in the Peak Partners Program water heater Program (the “Program”), the Customer certifies that the Customer is the named Fort Collins Utilities account holder and as such agrees to the terms of this participation agreement (the “Agreement”). Acceptance of such terms, as stated herein, is a condition of participation in the Program. If the Customer does not agree with these terms, the Customer cannot proceed with receiving Program services.

1. AVAILABILITY:

The Program is available, exclusively at the Company’s option, on a voluntary basis for the Company’s residential and Small Commercial customers with standard digital meters and installed electric water heaters. To participate in this Program, the Customer must meet the following conditions of qualification:
1. The Customer must be a Fort Collins Utilities Light and Power Customer.
2. The Customer must have a water heater with a minimum capacity of 3500 watts.
3. The Customer must not be participating in and/or benefit from load limiting devices, such as demand controllers or water heater timers.
2. THE COMPANY’S OBLIGATIONS:
1. If the Customer is qualified under the terms stated above, the Company will install a two-way conservation switch (the “switch” or the “Equipment”) inside the Customer’s home in connection with the Customer’s water heater.
2. During the Term (as defined below) of this Agreement, the Company shall maintain and repair the Equipment at the Company’s expense if there are any manufacturer-related defects or warranty issues. The Company shall repair the Equipment promptly following notification from the Customer. Furthermore, the Company shall have the right to repair, modify or replace the Equipment at any time during the term of this Agreement.
3. Any modification to the equipment made by the Customer or an unauthorized third-party vendor will void the Company’s obligation to repair the Equipment at the Company’s expense.
4. The Company may, in its sole discretion, permit the Customer to remain in the Program if the Equipment is accidentally damaged by the Customer or an unauthorized third-party vendor.
5. If the Customer elects to withdraw from the Program, the Company may not remove the Equipment, but will immediately disable it in the Company’s operational and billing systems, and the Company will no longer support or maintain the Equipment. The Equipment might continue to collect engineering data and transmit to the Company, but the Company will no longer be able to control the Customer’s water heater under the Program.
6. The Company may assign or delegate any of its rights or obligations under this Agreement to independent contractors or other third-party organizations. The Customer may not assign or transfer the subject service account or any rights under the Program without the Company’s written consent.
3. THE CUSTOMER’S OBLIGATIONS:
1. If the Customer and/or anyone in the Customer’s household has health concerns or medical conditions that may be impacted by interrupted hot water flow, the Customer should consider if it is appropriate to enroll in the Program.
2. The Customer shall schedule an appointment with the Company to have the Equipment installed in the Customer’s home. A responsible adult over the age of eighteen (18) years of age must be present during the installation.
3. The Customer shall grant to the Company reasonable access to the Customer’s property throughout the Term of this Agreement as may be deemed necessary by the Company for the installation, maintenance, repair and/or replacement of all or any portions(s) of the Equipment.
4. In the event the Equipment fails to operate or otherwise requires repairs, the Customer shall notify the Company promptly by calling the designated repair telephone number provided by the Company (855-350-1464).
5. The Customer agrees to notify the Company if the Customer disconnects or removes the Equipment for any reason.
6. The Customer agrees to notify the Company if the Customer installs any additional water heating equipment after enrollment in the Program and installation of the Equipment.
7. The Customer understands that the Company reserves the right to modify the terms of the Program. The Customer will receive prompt notice of such Program modification(s). The Customer’s continued participation in the Program following notice of such change shall be considered continued acceptance of the Program with such modified terms.
8. The Customer consents to receipt of electronic Program notices and alerts via smart phone app, email, and/or text. The Customer has the right to unsubscribe from such notifications.
4. CONSERVATION EVENTS:
1. The Customer understands that the Program requires participation in conservation events (the “events”), during which the Company shall have the right to intermittently interrupt service to the Customer’s water heater. The Customer may opt out of up to four (4) scheduled events per year.
  1. Conservation events will be scheduled Monday to Friday, during the Time-Of-Day On-Peak rate periods to interrupt electricity use of the water heater.
  2. Customer will have the choice to interrupt electricity use by the water heater for 1-hour, 2.5-hours or the full duration of On-Peak rate period (4 or 5 hours depending on the season).
  3. Interrupting electricity use by the water heater during the On-Peak rate will shift electricity usage to the Off-Peak rate, delivering financial savings to the customer.
  4. Fort Collins Utilities will make every effort possible to ensure there will be enough hot water, but makes no guarantees that the water heater tank will not run out of hot water during a conservation event. If customer is consistently running out of hot water, customer should call 855-350-1464 and request a shorter interruption of electricity use by the water heater.
  5. Fort Collins Utilities reserves the right to call conservation events at other times from those described above, in order to expand the use of renewable energy, to support electric grid reliability or other operational reasons. Customer can expect no more than 100-hours/year of interruption of electricity use by water heater for reasons beyond delivering savings to the participating customer.
5. TERM AND TERMINATION:
1. This Agreement shall be effective as of the last date of execution by the parties hereto. The term (the “Term”) shall commence on the date of the successful installation of the Equipment and shall continue until the Customer terminates participation or withdraws from the Program upon notice to the Company. The Customer shall have the right at any time to terminate their participation in the Program by notifying the Company at 855-350-1464.
2. If the Customer elects to leave the Program, the Equipment shall remain in its then-current state of functionality, and the Customer should be able to use the water heater without interruption.
6. TITLE TO EQUIPMENT AND DATA:
1. The Equipment shall become the property of the Customer once installed in the Customer’s home.
2. The Customer hereby consents to the Company’s use of any data and information collected by the Equipment or by the Company, including energy usage data. The Customer further consents to allow the Company to share such data and information in aggregate form with its third party vendor, Itron DEM Inc., and any of Itron DEM, Inc.’s subcontractors who need access to such data in order to provide the functionality of the Program. The Company shall have the right to use, copy, distribute, and create derivative works from such data and information as necessary or helpful to evaluate additional products and services for the Company’s business purposes. The Company will not provide customer identifiable information to any third party under the Program without the Customer’s consent.
3. This Agreement and the Equipment are not assignable or otherwise transferable by the Customer.
7. INDEMNIFICATION:

The Customer shall release, hold harmless, and indemnify the Company, its employees and its agents against any claim of liability or loss from bodily injury or property damage resulting from or arising out of the acts of the Company, its employees or its agents, except, however, such claims of damages as may be due to or caused by the willful and wanton acts or omissions of the Company, its employees or its agents.
8. MISCELLANEOUS:
1. This Agreement constitutes the entire agreement between the Customer and the Company on the subject matter hereof. No undertaking, representation, or warranty made by any agent or representative of the Company in connection with the sale, installation, maintenance, or removal of services or the Equipment shall be binding on the Company except as expressly stated herein.
2. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado without reference to its conflict of laws principles.
9. LIMITATION OF LIABILITY:
1. The Customer understands that the Company assumes no responsibility for the condition or repair of the Customer’s water heater or other equipment. The Customer understands and accepts that the Customer is responsible for the repair and maintenance of the Customer’s equipment, including any Program equipment incorporated into the systems at the Customer’s residence upon the Customer’s termination or withdrawal from the Program.
2. In no event shall either party hereto be liable for consequential, special, incidental, exemplary, punitive, or any indirect damages of any nature, arising at any time, from any cause whatsoever. 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, at the sole discretion of the Company, 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 the Customer and the Company as a result of this Agreement.

Smart Charging Program

The Peak Partners EV Smart Charging Program Customer Agreement

Fort Collins Utilities (the “Company”) and the undersigned customer (the “Customer”) agree that, by submitting an enrollment application in the Peak Partners EV Smart Charging Program (the “Program”), the Customer certifies that the Customer is a named Fort Collins Utilities account holder and as such agrees to the terms of this participation agreement (the “Agreement”). Acceptance of such terms, as stated herein, is a condition of participation in the Program. If the Customer does not agree with these terms, the Customer cannot proceed with receiving Program services.

1. AVAILABILITY:

The Program is available, exclusively at the Company’s option, on a voluntary basis for the Company’s residential and small commercial customers who own or lease an electric vehicle (EV) and regularly charge their electric vehicles in the Fort Collins Light and Power Service Territory. To participate in this Program, the Customer must meet the following conditions of qualification:
1. The Customer must be a Fort Collins Utilities Light and Power Customer.
2. The Customer must own or lease an electric vehicle (EV or PHEV) with either a Level 1 (standard 120-volt wall plug) or Level 2 (installed 208-240 volts) home charger. Preference will be given to owners of Level 2 chargers.
3. The Customer’s EV must be included in the list of compatible vehicles (list available at peakpartnersfortcollins.com)
4. The Customer’s EV must have an active cellular connection through their vehicle’s Original Equipment Manufacturer.
2. THE COMPANY’S OBLIGATIONS:

If the Customer is qualified under the terms stated above, the Company will…
1. Enable battery charging management of Customer’s EV(s)
2. Monitor Customer’s EV battery state-of-charge and prevent or terminate a battery charging management event if the battery falls below a 20% state of charge.
3. Provide a call center during the enrollment process to field general questions about the EV Smart Charging Program, the enrollment process, and perform all email-based applications submitted by interested Customers.
4. During the Term (as defined below) of this Agreement, the Company shall
  1. Provide Customers access to Program Support related to end user applications or electrical usage through Peak Partners’ call center and utility program staff.
  2. Provide Customers with a Frequently Asked Questions (“FAQ”) document that can be located on the Program’s web page.
5. If the Customer elects to withdraw from the Program, the Company will disconnect the Customer’s EV onboard communications from the Company’s charging management platform and cease charging management operations and data collection.
6. The Company may assign or delegate any of its rights or obligations under this Agreement to independent contractors or other third-party organizations. The Customer may not assign or transfer the subject service account or any rights under the Program without the Company’s written consent.
3. THE CUSTOMER’S OBLIGATIONS:
1. Upon notification that the Customer’s vehicle is eligible to be connected to the Company’s third-party technology partner’s enrollment portal, the customer is required to click on the link provided via email and follow the prompts to complete enrollment to share charge management capabilities with Company.
2. Customer acknowledges that the Company has retained a third-party Technology Partner to implement the Program and that the Customer may be required to accept additional terms and conditions from the third-party technology partner to participate.
3. The Customer acknowledges the Company’s capability to wirelessly communicate with the Customer’s EV to enable the transfer of important vehicle and charging data to enable control signals that start, stop, or throttle EV charging.
4. The Customer shall grant to the Company the capability to start, stop or reduce the flow of electricity to the Customer’s EV by sending direct signals to the Customer’s EV.
5. In the event the Customer’s EV loses connectivity with the smart charging program, the Customer shall notify the Company promptly by calling the designated repair telephone number provided by the Company (855-350-1464).
6. The Customer agrees to notify the Company if the Customer disconnects or removes the EV’s program registration from the mobile app for any reason.
7. The Customer understands that the Company reserves the right to modify the terms of the Program. The Customer will receive prompt notice of such Program modification(s). The Customer’s continued participation in the Program following notice of such change shall be considered continued acceptance of the Program with such modified terms.
8. The Customer consents to receipt of electronic Program notices and alerts via smart phone app, email, and/or text. The Customer has the right to unsubscribe from such notifications.
4. SMART CHARGING EVENTS:
1. The Customer understands that the Program requires participation in smart charging events (the “events”), during which the Company shall have the right to intermittently interrupt or schedule a charging session with the Customer’s electric vehicle.
  1. Smart Charging events will be scheduled from 6 PM to 1 AM, seven days a week, including holidays.
  2. The Company will prevent or terminate smart charging conservation event participation if the Customer’s EV’s battery falls below a 20% state of charge.
  3. The Customer may opt out of smart charging events at any time without notifying the Company.
2. Fort Collins Utilities reserves the right to call charging management events at other times from those described above, to expand the use of renewable energy, to support electric grid reliability or other operational reasons.
5. TERM AND TERMINATION:
1. This Agreement shall be effective as of the last date of execution by the parties hereto. The term (the “Term”) shall commence on the date of the successful enrollment of the Customer’s EV in the program and shall continue until the Customer terminates participation or withdraws from the Program upon notice to the Company. The Customer shall have the right at any time to terminate their participation in the Program by notifying the Company at 855-350-1464.
6. TITLE TO SMART CHARGING DATA:
1. The Customer hereby consents to the Company’s use of any data and information collected by the Smart Charging Services or by the Company, including energy usage data. The Customer further consents to allow the Company to share such data and information in aggregate form with its third-party vendors, Itron DEM Inc., and any of Itron DEM, Inc.’s subcontractors who need access to such data to provide the functionality of the Program. The Company shall have the right to use, copy, distribute, and create derivative works from such data and information as necessary or helpful to evaluate additional products and services for the Company’s business purposes. The Company will not provide customer identifiable information to any third party under the Program without the Customer’s consent.
2. This Agreement and the Equipment are not assignable or otherwise transferable by the Customer.
7. INDEMNIFICATION:
1. The Customer shall release, hold harmless, and indemnify the Company, its employees and its agents against any claim of liability or loss from bodily injury or property damage resulting from or arising out of Customer’s participation in the Program and the acts of the Company, its employees or its agents.
8. MISCELLANEOUS:
1. This Agreement constitutes the entire agreement between the Customer and the Company on the subject matter hereof. No undertaking, representation, or warranty made by any agent or representative of the Company in connection with the sale, installation, maintenance, or removal of services shall be binding on the Company except as expressly stated herein.
2. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado without reference to its conflict of laws principles.
9. LIMITATION OF LIABILITY:
1. The Customer understands that the Company assumes no responsibility for the condition or repair of the Customer’s EV. The Customer understands and accepts that the Customer is responsible for the repair and maintenance of the Customer’s EV.
2. In no event shall the Company be liable for consequential, special, incidental, exemplary, punitive, or any indirect damages of any nature, arising at any time, from any cause whatsoever. 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, at the sole discretion of the Company, 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 the Customer and the Company as a result of this Agreement.

Smart Water Heater Program

The Peak Partners Smart Water Heater Customer Agreement

Fort Collins Utilities (the “Company”) and the undersigned customer (the “Customer”) agree that, by submitting enrollment and/or by the Customer’s acceptance of program Equipment (Grid Interactive Water Heater or “GIWH”), installation and participation in the Peak Partners smart water heater Program (the “Program”), the Customer certifies that the Customer is the named Fort Collins Utilities account holder and as such agrees to the terms of this participation agreement (the “Agreement”). Acceptance of such terms, as stated herein, is a condition of participation in the Program. If the Customer does not agree with these terms, the Customer cannot proceed with receiving Program services. Use of Equipment implies acceptance of the Program terms.

1. AVAILABILITY:

The Program is available, exclusively at the Company’s option, on a voluntary basis for the Company’s residential and Small Commercial class customers with standard digital meters. Participation in this Program is subject the Customer meeting the following qualification conditions:
1. The Customer must be a Fort Collins Utilities Light and Power Customer.
2. The Customer’s structure must be capable of housing a Grid-Interactive Water Heater (GIWH). The Company will have sole discretion to determine if the Customer’s structure can be retrofitted with a GIWH.
3. The Customer must not be participating in and/or benefit from load limiting devices, such as demand controllers or water heater timers.
2. THE COMPANY’S OBLIGATIONS:
1. If the Customer is qualified under the terms stated above, the Company will install the Equipment inside the Customer’s home, at no cost to the Customer, including haul-away and disposal of replaced water heater.
2. The Company will perform ongoing maintenance -and replacement if deemed necessary by Company- of Equipment at no cost to the Customer.
3. During the Term (as defined below) of this Agreement, the Company shall maintain and repair the Equipment at the Company’s expense if there are any manufacturer-related defects or warranty issues. The Company shall repair the Equipment promptly following notification from the Customer. Furthermore, the Company shall have the right to repair, modify or replace the Equipment at any time during the term of this Agreement.
4. Any modification to the equipment made by the Customer or an unauthorized third-party vendor will void the Company’s obligation to repair the Equipment at the Company’s expense.
5. The Company may, in its sole discretion, permit the Customer to remain in the Program if the Equipment is accidentally damaged by the Customer or an unauthorized third-party vendor.
6. If the Customer elects to withdraw from the Program, the Company may not remove the Equipment, but will immediately disable it in the Company’s operational systems, and the Company will no longer support or maintain the Equipment. The Equipment might continue to collect engineering data and transmit to the Company, but the Company will no longer be able to control the Customer’s water heater under the Program.
7. The Company may assign or delegate any of its rights or obligations under this Agreement to independent contractors or other third-party organizations. The Customer may not assign or transfer the subject service account or any rights under the Program without the Company’s written consent, except to transfer all rights and interest of Customer to a successor purchaser in fee of the subject real property.
8. All obligations of Company, including maintenance and replacement of the Equipment, shall at all times be subject to annual appropriation of sufficient funds by the Fort Collins City Council to maintain the Program.
3. THE CUSTOMER’S OBLIGATIONS:
1. If the Customer and/or anyone in the Customer’s household has health concerns or medical conditions that may be impacted in the event of interrupted hot water flow, the Customer should consider if it is appropriate to enroll in the Program. Company shall have no obligations to modify Program policies or make special accommodations for such health or medical conditions.
2. The Customer shall schedule an appointment with the Company to have the Equipment installed in the Customer’s home. A responsible adult over the age of eighteen (18) years of age must be present during the installation.
3. The Customer shall grant to the Company reasonable access to the Customer’s property throughout the Term of this Agreement as may be deemed necessary by the Company for the installation, maintenance, repair and/or replacement of all or any portions(s) of the Equipment.
4. In the event the Equipment fails to operate or otherwise requires repairs, the Customer shall notify the Company promptly by calling the designated repair telephone number provided by the Company (855-350-1464).
5. The Customer agrees to notify the Company if the Customer disconnects or removes the Equipment for any reason.
6. The Customer agrees to notify the Company if the Customer installs any additional water heating equipment after enrollment in the Program and installation of the Equipment.
7. The Customer understands that the Company reserves the right to modify the terms of the Program. The Customer will receive prompt notice of such Program modification(s). The Customer’s continued participation in the Program following notice of such change shall be considered continued acceptance of the Program with such modified terms.
8. The Customer consents to receipt of electronic Program notices and alerts via smart phone app, email, and/or SMS/text. The Customer has the right to unsubscribe from such notifications.
4. UTILITIES OPERATIONS:
1. The Customer understands that the Program requires participation in Utilities Operations events (the “events”), during which the Company shall have the right to intermittently interrupt service to the Customer’s water heater or to activate the heating elements to store thermal energy in the water tank. The Customer may expect the following:
  1. Events will be scheduled Monday to Friday, during the Time-Of-Day, On-Peak rate periods to interrupt electricity use of the water heater.
  2. Water heaters will begin charging when the On-Peak rate period has ended and the Off-Peak rate period has begun, delivering financial savings to the customer.
  3. “Charge up” events will be scheduled (weekdays and/or weekends) during the noon hours to increase consumption of renewable solar energy on the grid.
  4. The Equipment has local electronics to prevent the Customer from running out of hot water. Company will make reasonable efforts to ensure there will be enough hot water but makes no guarantees that the water heater tank will not run out of hot water during an event. If Customer is consistently running out of hot water, customer should call 855-350-1464 so the system can be adjusted.
  5. Company reserves the right to call conservation events at other times from those described above, to expand the use of renewable energy, support electric grid reliability, or other operational reasons.
5. TERM AND TERMINATION:
1. This Agreement shall be effective as of the last date of execution by the parties hereto. The Program participation term (the “Term”) shall commence on the date of the successful installation of the Equipment and shall continue until the Customer terminates participation or withdraws from the Program upon notice to the Company. The Customer shall have the right at any time to terminate their participation in the Program by notifying the Company at 855-350-1464. In such case, Equipment may be removed from Customer’s home at Company’s discretion.
2. If the Company removes Equipment due to Customer’s decision to cease its participation, Customer will be responsible for the cost of procuring and installing a replacement water heater.
3. No delay in Company’s performance of any obligation herein or in operating the Program shall be treated as a performance default, and Customer shall grant Company sufficient time to take reasonable measures to cure such delay.
6. TITLE TO EQUIPMENT AND DATA:
1. The Equipment will remain the property of the Company after installation. Customer has the right to use and benefit from the Equipment, subject to the controls Company has over operation of such Equipment.
2. The Customer hereby consents to the Company’s use of any data and information collected by the Equipment or by the Company, including energy usage data. The Customer further consents to allow the Company to share such data and information in aggregate form with its third-party vendor, Itron DEM Inc., and any of Itron DEM, Inc.’s subcontractors who need access to such data in order to provide Program functionality. The Company shall have the right to use, copy, distribute, and create derivative works from such data and information as necessary or helpful to evaluate additional products and services for the Company’s business purposes. The Company will not provide customer identifiable information to any third party under the Program without the Customer’s consent.
3. This Agreement and the Equipment are not assignable or otherwise transferable by the Customer, except to transfer all rights and interest of Customer to a successor purchaser in fee of the subject real property.
7. INDEMNIFICATION:

The Customer, itself and on behalf of its its successors, assigns, heirs, administrators and transferees, agrees to release, hold harmless, and indemnify the Company, its employees and its agents against any claim of liability or loss from bodily injury or property damage resulting from or arising out of the acts of the Company, its employees or its agents, except, however, such claims of damages as may be due to or caused by the willful and wanton acts or omissions of the Company, its employees or its agents.
8. MISCELLANEOUS:
1. This Agreement constitutes the entire agreement between the parties on the subject matter hereof. No undertaking, representation, or warranty made by any agent or representative of the Company in connection with the sale, installation, maintenance, or removal of services or the Equipment shall be binding on the Company except as expressly stated herein.
2. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado without reference to its conflict of laws principles.
9. LIMITATION OF LIABILITY:
1. In no event shall either party hereto be liable for consequential, special, incidental, exemplary, punitive, or any indirect damages of any nature, arising at any time, from any cause whatsoever. 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, at the sole discretion of the Company, 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 the Customer and the Company as a result of this Agreement.

The Peak Partners Thermostat Customer Agreement

1. AVAILABILITY:

2. FORT COLLINS UTILITIES’ OBLIGATIONS:

3. CUSTOMER’S OBLIGATIONS:

4. CONSERVATION EVENTS:

5. TERM AND TERMINATION:

6. TITLE TO EQUIPMENT AND DATA:

7. INDEMNIFICATION:

8. MISCELLANEOUS:

9. LIMITATION OF LIABILITY: