The following terms and conditions shall apply to your participation in the peaksaver® program:

1. The peaksaver® program is funded by the Ontario Power Authority ("OPA") and delivered through your local distribution company, Toronto Hydro-Electric System Limited ("THESL").

2. You agree to have the Device installed in, on or outside your premises. You must not move, remove, tamper with, disable or damage the Device. Even though the Device is installed in, on or outside your premises, it continues to be the property of THESL As such, Agent will be responsible for maintaining the Device. Upon termination of the peaksaver program by THESL for any reason whatsoever, THESL will continue to own and be responsible for the Device and can remove the Device from your residence as required. In the event that you withdraw from the peaksaver program, THESL is entitled to remove the Device from your residence.

3. If you are a tenant, you have the written consent from the owner of your premises to allow for the installation of the Device a copy of which shall be provided to Toronto Hydro or its Representative prior  to installation of the Device.

______________________________________________________________________________

4. You agree to allow the Agent to have reasonable access to your premises in order to inspect, test and maintain or remove the Devices, as required.

5. You agree that that the OPA or its contractor has the right to activate the Device which will interrupt power to the appliance to which it is attached for a period of time in order to temporarily reduce demand for electricity Each Device may be activated to control electricity demand of the appliance to which it is attached for a period not to exceed four hours per day, and an aggregate maximum of 40 hours per calendar year. You agree that you shall not receive any payments as a result of an activation of the Device(s).

6. You may submit a request by phone to the peaksaver customer service centre by calling the telephone number identified in paragraph 7, or in writing that a Device be taken out of operation for a period not to exceed 48 hours.

7. Regardless of whether one or more Devices are installed, you are entitled to receive a one time benefit of the current peaksaver® program promotion incentive.

8. If the Device is a peaksaver thermostat, it may replace your existing thermostat. You shall retain your existing thermostat in a safe place. You will not remove or tamper with the peaksaver thermostat, or permit any other person to remove or tamper with the peaksaver thermostat, without THESL's or the Agent's prior consent. You will promptly report any malfunction of the peaksaver thermostat to the Agent's customer service centre at 1-877-487-8574. In the event that you withdraw from the peaksaver program for any reason, THESL is entitled to remove the peaksaver thermostat from your residence and you will be responsible for reinstallation of the old thermostat and any related expenses.

9. You agree that the service providers who are authorized to operate your Devices, and to inspect, test and maintain them, have the right to collect, use and disclose - but only for the purposes of the peaksaver program - your name, address, telephone number, email address and other personally identifying information. Disclosure of your personal information may be made to THESL and the OPA, or to the service providers of either of them. However, your personal information will not be disclosed or used for purposes that do not relate to the peaksaver Program. Purposes for which the information may be used or disclosed include completing installation of the Device(s), processing payment to you, contacting you for peaksaver program evaluation and surveys and peaksaver program reporting. For more information on the Privacy Policy of the OPA, go to www.powerauthority.on.ca.

10. The term of the peaksaver program commences on the date that the Device is installed by the Agent at your residence and terminates no earlier than December 31, 2014 (the "Term").

11. You may submit a request that you terminate participation in the peaksaver program and have the Devices cease operation. THESL will comply with such request provided it is made in writing or by telephone at least ten (10) business days in advance.

12. If you breach any of your obligations in this agreement, THESL has the right to remove the Device(s) or require that you return the Device(s) to THESL and terminate your participation in the peaksaver program.

13. You acknowledge that THESL is entitled to any and all monies, benefits or credits or other recognition from the OEB and the OPA which may be granted in respect of and/or as a result of the net benefits created by the peaksaver program.

14. You agree that you do not have any right, title or interest in and to the benefits or entitlements associated with decreased environmental impact now or in the future, direct or indirect, arising as a result of, relating to or in connection with this peaksaver program ("Environmental Attributes"), nor the right to quantify and register such Environmental Attributes with competent authorities.

15. The maximum liability that THESL, the OPA and their respective agents, employees, officers, directors and shareholders (and any other person for whom THESL or the OPA is at law responsible (collectively, the Indemnitees") is limited to the amount that you were paid for your participation in the peaksaver® program. None of the Indemnitees will be liable for any indirect damages of any kind nor for any inconvenience that is suffered by you, any member of your family or any occupant or guest. You agree to indemnify the Indemnitees if you or any member of your family, occupant or guest seeks damages against any of them for any reason that is connected with this contract or the Device.

16. THESL reserves the right to assign, sell or transfer all or any portion of its rights, title, interest in and under this agreement at any time to any party without your consent Customer may not assign its rights and obligations under this agreement without prior written consent of THESL Notwithstanding the foregoing, you may assign your rights and obligations under this agreement to any buyer of the residence whom you agree to notify in the agreement of purchase and sale that the Device is subject to this agreement and the third party agrees in writing or by conduct assumes your obligations under this agreement.

17. THESL may amend this agreement at any time by giving you written notice. If you do not agree with any such amendment, you may terminate this agreement.

18. This agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. This agreement will enure to the benefit of each of THESL and the Agent and their respective successors and assigns, and be binding upon you, your successors and your assigns.