Air Conditioning Management
Program Agreement

By ordering and receiving installation of the Air Conditioning Management Program (ACMP) load control device, as defined herein, Customer (“You” or “Your”) agrees with the Omaha Public Power District (“OPPD”, “We”, “Our”, or “Us”), to the following terms and conditions:

1. We or our contractors are authorized to enter your property to install one ACMP load control device and connect it to your central air conditioning unit or heat pump. The ACMP load control device remains the property of OPPD. You agree not to handle, adjust or disconnect the ACMP control device.

2. For the initial 12 month period, you will receive from OPPD a one-time $30 credit on your electric service bill upon installation of the unit and another one-time $20 credit on your electric service bill for being on the ACMP for the months of July and August. For each subsequent year after the initial year that you are on the ACMP, you will receive the $20 credit on your September bill.

3. This Agreement will go into effect on the date of installation of the ACMP load control device and will continue for a minimum term of 12 months from the date of installation. If you cancel this Agreement within the initial 12 month period, you agree to pay back the $30 installation credit received from OPPD. The Agreement shall continue from year to year until either you or OPPD cancels the Agreement by written notice.

4. Under the ACMP, during the months of June through September, OPPD will have the right to manage your air conditioner or heat pump using the ACMP load control device by cycling it off for approximately 15 minutes at a time, up to 12 days per year, between 4:30 p.m. and 7:30 p.m. Central Time, Monday through Friday. AC Management does not occur on holidays. In an electric system emergency, OPPD reserves the right to manage your AC unit for longer than the times specified above. You will be able to direct OPPD not to manage your AC unit on up to two specific days that you select each summer by calling OPPD at 402-536-4131 or 1-877-536-4131 outside the metro.

5. Cancellation of this Agreement must be in writing to be effective. Your notice of cancellation must be sent to ACMP Omaha Public Power District, 444 S.16th Street Mall, Customer Care (E/AR/EP ACC), Omaha, NE 68102. Cancellation of the Agreement by either you or OPPD shall be without prejudice to the rights or remedies of either party under the Agreement. Upon cancellation, OPPD will remove the ACMP load control device from your residence, and you authorize us to enter your property for that purpose.

6. We have the right to inspect the ACMP load control device at reasonable times, and you shall make your premises available to us or our contractors for such inspection.

7. We shall have continuous access to the ACMP load control device at reasonable times. Although we have general responsibility for maintaining and servicing the ACMP load control device, you will be liable to us for any damage to the ACMP load control device caused by your handling, misuse, removal or attempted removal, or any other tampering with the ACMP load control device.

8. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HAVE ANY CLAIM OF ANY KIND AGAINST OPPD FOR ANY LOSS OR DAMAGE TO YOUR AC UNIT OR OTHER PROPERTY OR INJURY TO ANY PERSON ALLEGED TO ARISE FROM OR BE CAUSED BY THE ACMP LOAD CONTROL DEVICE. IN NO EVENT SHALL OPPD BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF USE OF PROPERTY. YOU ACKNOWLEDGE THAT OPPD IS NOT PROVIDING ANY EXPRESS WARRANTY OF ANY KIND RELATING TO THE ACMP LOAD CONTROL DEVICE, AND THAT OPPD DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY AS TO THE DEVICE

9. If you violate any provision of the Agreement, we may cancel the Agreement immediately, and you will be liable to us for all expenses associated with enforcing the Agreement or in gaining access to the ACMP load control relay.

10. The Agreement shall be governed by the law of the State of Nebraska.

Rev. Date February 7, 2012

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