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GENERAC VIRTUAL POWER PLANT PILOT PROGRAM

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Have you certified with your utility as a Critical Care or Chronic Condition Customer or do you operate any life support equipment in your home (such as a respirator, iron lung, hemodialysis machine, etc.)?*

Exhibit A

Generac Virtual Power Plant Pilot Program

Terms and Conditions


By signing this form to participate in the Generac Virtual Power Plant Pilot Program (the “Program”), you agree and certify to Generac Power Systems, Inc. (“Generac”) and the Electric Reliability Council of Texas (“ERCOT”) as follows:

Under penalty of perjury under the laws of Texas, you are the customer of record for the service account provided, located at the home address listed. you have consented to give the information you have provided, that information is truthful, and you believe you meet the Program’s minimum eligibility criteria, including the criteria regarding your Generac generator system. You are not enrolled in any other “demand response” programs.

You agree to participate in the Program, and by participating, you agree to comply with the terms of the Program, as well as Generac’s Terms of Service, Privacy Policy, any other policies referenced in this document and on the Generac website located at  https://www.generac.com/privacy-policy (“Company Privacy Policy”). You also agree to comply with all applicable local, state, national, and international laws, rules and regulations.

You authorize Generac to act as your agent in connection with your participation in the Program as outlined in the Program description, which means that you authorize Generac to request the release of the shared data described as part of the Program. You authorize ERCOT to provide eligibility information back to Generac, to the extent available. (This information will be provided to Generac at no charge to you.) ERCOT reserves the right to verify any authorization request submitted before releasing information or taking any action on your behalf.

You also authorize Leapfrog Power Inc. (“Leap”) to obtain data regarding your energy consumption from your authorized load-serving entity and associated transmission and distribution utility (your “Utility”). This energy consumption data will allow Leap to verify your eligibility to participate in any energy product markets through Generac, including the energy product market for emergency response services (“ERS”).

To participate in an energy product market, Leap will require you to provide information upon request about any interest you have in energy products offered by Generac related to the Program. Before being signed up for any products, you will be asked to agree to sign and comply with any agreements related to those products and select any rate plans that are required by the Utility as well. Leap uses a scheduling partner named MP2 Energy, LLC (“MP2”) for energy products, and by participating in the Program, you authorize MP2 to serve as your exclusive qualified scheduling entity for any energy products transacted through markets operated by ERCOT, including but not limited to the market for ERS.

You hereby release, hold harmless, and indemnify Generac and ERCOT from any liability, claims, demands, cause of action, damages, or expenses resulting from (i) your use of the Program; (2) any release of information to Generac or ERCOT pursuant to the Program (whether provided by you, MP2, Leap, Generac, or ERCOT); (3) the unauthorized use of this information by Generac or ERCOT; and (4) any actions taken by Generac or ERCOT pursuant to the Program.

You will remain enrolled in the Program and subject to its terms until September 30, 2022, unless you choose to cancel your participation prior to that date. You may cancel your participation in the Program at any time after the date of this agreement by contacting Generac.