INTRODUCING PNM FREE SENSI PROGRAM 

1. BY SUBMITTING YOUR ENROLLMENT, AND/OR BY YOUR PARTICIPATION IN THE PNM POWER SAVER FREE SENSI (“PSFS”) PROGRAM (THE “PROGRAM”), YOU (“CUSTOMER”) AGREE TO THE TERMS OF THIS PARTICIPATION AGREEMENT WITH ITRON, INC., THE EXCLUSIVE PNM CONTRACTOR OF THE PROGRAM (“CONTRACTOR”). IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE CONTACT ITRON AT 866-471-7906 TO DISCONNECT YOUR THERMOSTAT FROM THE PROGRAM.
2. Customer agrees to enroll in the Program through account links provided by the manufacturer of Customer’s owned and controlled program-eligible smart thermostat (the “Equipment”). To be eligible to participate in the Program, Customer must (1) be a PNM residential electric service account holder; (2) have a wireless internet network at the PNM service address; (3) have an active account linked with the Sensi app; (4) have an installed qualifying Sensi smart thermostat controlling a central air conditioner unit or heat pump at customer’s service address; and (5) agree to the conditions set forth in the Sensi service agreements.
3. Customer understands that this will permit PNM to adjust the Equipment temperature setting during times of high overall electricity demand.
4. The incentives Customer will receive in consideration for participation are as follows:
   1. $150 enrollment incentive payment per device.
      1. All new participants will receive $150 upon successful enrollment.
   2. $25 annual participation incentive payment per device.
      1. Only customers who opt out of three or fewer demand response events will qualify for the $25 annual incentive in that calendar year.
   3. PNM may, from time to time, modify the incentive structure. Customer understands that if participation is terminated before the completion of a conservation season (i.e., before September 30 of any PSFS program year), the annual incentive will not be paid.
5. It shall be understood the Equipment shall remain the property of Customer. Customer agrees to notify Itron if Customer disconnects or removes the Equipment. This Agreement is not assignable or otherwise transferable by Customer.
6. Customer shall have the right at any time to terminate program participation by notifying Itron in writing or by telephone. If Customer decides to terminate, Customer will forfeit all credits toward that season’s PSFS annual participation incentive payment.
7. PNM will not be liable to Customer or to any third party for any losses or damages, including loss of profits, loss of earnings, loss of business opportunities, and personal injuries (including death), including, without limitation, any damage resulting from or arising out of Customer’s participation in the Program.
8. Customer understands that PNM assumes no responsibility for and shall have no responsibility for the condition or repair of Customer’s central air conditioner or other equipment. Customer understands that Customer is responsible for the repair and maintenance of Customer’s equipment.
9. THE PROGRAM IS PROVIDED “AS IS.” CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT PNM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE EQUIPMENT OR THE PROGRAM. THE PROGRAM IS PROVIDED WITHOUT WARRANTY OF ANY KIND. THE EQUIPMENT IS THE RESPONSIBILITY OF CUSTOMER AND PARTICIPATES IN THE PROGRAM WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ALL WARRANTIES ARE DISCLAIMED BY PNM TO THE FULLEST EXTENT PERMITTED BY THE LAW.
10. Customer agrees to hold harmless, defend, and indemnify PNM, and its subsidiaries, affiliates, officers, agents, and employees, from and against any third-party claim arising from or in any way related to Customer’s improper use of the Equipment or the Program, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys’ fees, of every kind and nature. In such a case, PNM will provide Customer with written notice of such claim, suit, or action.
11. This Agreement constitutes the entire agreement between Customer and PNM. No undertaking, representation, or warranty made by any agent or representative of PNM in connection with the sale, installation, maintenance, or removal of PNM’s services or the Equipment shall be binding on PNM except as expressly included herein.
12. Customer understands that PNM reserves the right to modify the terms of the Power Saver program or the PSFS program. Customer will receive notice of such Program modification. Customer’s continued participation in the Program following notice of such change shall be considered acceptance of such modification.
13. PNM may assign or delegate any of its rights or obligations under this Agreement to independent contractors or other third-party organizations. Customer’s rights may not be assigned or transferred without PNM’s written consent.
14. The above provisions regarding events beyond PNM’s control, warranties, disclaimers of warranty and liability, and termination will survive the termination of this Agreement. 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, then 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 PNM as a result of this Agreement.

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