Agreement for Charge Ahead Rider (EV-3)

Pursuant to MGE’s ElectricVehicle Managed Charging Rewards (Charge Ahead) Rider EV-3 (“Rider”), MGE will viewparticipating customers’ electric vehicle ("EV") charging data and remotelymanage charging activity using an MGE designated EV interface (“Platform”).

In exchange, customers willreceive certain benefits as stated in the Rider.

Customer desires toparticipate in the Rider pursuant to the terms and conditions of this Agreementfor Charge Ahead Rider (EV-3) (the “Agreement”).  

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Customer and MGE agree as follows:

1. Recitals. The recitals are incorporated herein and made a part of this Agreement.

2. Compliance With Rider. Rights and obligations under this Agreement are governed by the terms and conditions in the Rider (attached and incorporated herein) and MGE Schedules Rg-1, Rg-2, Rg-2a, or Rg-7 (“Residential Service Tariff”), as may be amended from time to time by order or approval of the Public Service Commission of Wisconsin (“PSCW”). This Agreement, the Rider, and the Residential Service Tariff are to be considered as one integrated document and shall be binding on the Parties. Upon the PSCW's amendment of the Rider, such amendments shall be considered incorporated herein and made part of this Agreement.

3. Term. The term of this Agreement begins on the date Customer agrees to the terms and conditions herein and expire on December 31, 2024. If the term of the Rider is extended, MGE may extend the term of this Agreement.

4. Customer Accounts. Customer shall install the Platform app on an Apple iOS or Android cell phone and create a Platform account if necessary to use the app. Customer shall set up an account with PayPal, Venmo, or other payment processing app designated my MGE. Customer shall maintain such accounts and apps for the Term of this Agreement. Customer shall comply with the Platform’s terms of use and privacy policy.

5. Charging Data and Management. Customer authorizes MGE to:
a. Access and acquire information and energy data from the Platform related to use and charging of Customer's EV.
b. Manage vehicle charging sessions including interruption and/or power reduction.
c. Optimize charging to off-peak hours.
d. Test shifting charging to high-capacity periods or when renewables are available.

6. Rewards. MGE will assign Customer to one of the following two groups to test various models of charging optimization:
a. Group One: MGE will optimize charging to off-peak times for customers enrolled in the Rg-1 Residential Service Rate. Customer will earn rewards if eighty (80) percent of their monthly charging is shifted to off-peak hours. MGE will provide an $8 reward June through August. A $4 reward will be provided September through May. MGE will distribute rewards no less than quarterly and reserves the right to transition these rewards to a $0.03288 daily bill credit.
b. Group Two: MGE will optimize charging to off-peak times for customers enrolled in a Residential Optional Time-of-Use Rate. Customers will benefit from a lower kWh rate. MGE has sole discretion over the assignment of the groups and may change Customer's group at any time.

7. Vehicle. The Platform functions with the telematics of a number of makes and models of EVs (each, a “Qualified Vehicle”). Customer shall own or lease a Qualified Vehicle for the Term of this Agreement.

8. Connectivity. For the Term of this Agreement, Customers shall provide internet connectivity sufficient for the Platform to function and share data with MGE.

9. Communication. Customer authorizes MGE to send the following communications to Customer by any reasonable method, which may include emails or texts:  (a) electric vehicle news and events and other MGE programs (collectively referred to herein as "Commercial Communications"); (b) transactional and relationship information related to this Agreement (which may be sent by MGE or by the Platform); and (c) surveys relating to this Agreement, the Platform, managed charging, electric vehicles, and electric vehicle charging. Subsections (b) and (c) are collectively referred to herein as "Transactional Communications." Customer may unsubscribe from Commercial Communications. However, Customer will continue to receive Transactional Communications. Customer agrees to complete any surveys described in subsection (c) provided that the surveys are sent with reasonable frequency. MGE may use any feedback or information obtained, in any form and for any purpose, from Customer, Customer's invitees, or the Platform related to Customer's EV or use of charging thereof.

10. Termination. The Agreement may only be terminated under the following circumstances:  (a) upon expiration of the Term, (b) upon thirty (30) days' written notice from one Party to the other Party of its desire to terminate, (c) by mutual written agreement of MGE and Customer, (d) upon written notice from MGE if Customer has not used the Platform’s app to charge a Qualified Vehicle within MGE's service territory for more than thirty (30) days, (e) upon written notice from MGE due to safety reasons or by order of any regulatory body, or (f) upon written notice from MGE following default of this Agreement by Customer. Any notice from Customer under this Agreement shall be provided to

11. Assignment of Agreement/Sale of Unit. Customer may not sell, assign, or transfer all or any part of its interest in this Agreement without MGE's prior written consent.

12. Disclaimer. MGE expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability for a particular purpose and non-infringement. Customer acknowledges that a primary purpose of the Project is to allow MGE to control timing and power output for Customer's EV charging. MGE makes no warranty that the Customer's vehicle will be charged on demand.

13. Limitation of Liability. In no event will MGE or its affiliates or subsidiaries or respective directors, officers, employees, or agents be liable under this agreement for consequential, special, indirect, incidental, punitive, or exemplary damages, costs, expenses, or losses (including lost profits or opportunity costs), regardless of the form of action, damage, claim, liability, cost, expense, or loss, whether in contract, statute, tort (including negligence), or otherwise.

14. Entire Agreement. This Agreement contains the entire agreement between MGE and Customer with respect to the subject matter of this Agreement and supersedes all previous negotiations, agreements, or understandings, whether written or oral, with respect to the subject matter of this Agreement. This Agreement is binding on each Party's permitted successors and assigns. This Agreement shall not be amended without the prior written consent of MGE and Customer.

15. Electronic Signatures. MGE and Customer agree to accept electronic signatures on this Agreement and shall accord such electronic signatures full legal force and effect.

16. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Wisconsin. MGE and Customer agree that any action or proceeding arising under or relating to this Agreement shall be brought in Circuit Court for Dane County, Wisconsin, which shall have exclusive jurisdiction over such actions or proceedings.