Generac Power Systems - Power Equipment and Generator Manufacturer (2024)

Exhibit A

New York Virtual Power Plant Program

Terms and Conditions

By signing this form to participate in the New York Virtual Power Plant Program (the “Program”), you agree and certify to Generac Power Systems, Inc. (“Generac”) and New York Independent System Operator (“NYISO”) and Long Island Power Authority (“PSEG-LI”) (as applicable) as follows:

Under penalty of perjury under the laws of New York, 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 NYISO and PSEG-LI to provide eligibility information back to Generac, to the extent available. (This information will be provided to Generac at no charge to you.) NYISO and PSEG-LI reserves the right to verify any authorization request submitted before releasing information or taking any action on your behalf.

You also authorize Generac and 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 Generac and Leap to verify your eligibility to participate in any energy product markets through Generac and Leap, including the energy product market for Commercial System Relief Program (“CSRP”), and Distribution Load Relief Program (“DLRP”) and to participate in the energy market product through Leap for Special Case Resource (“SCR”)

To participate in an energy product market, Generac 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.

You hereby release, hold harmless, and indemnify Generac, NYISO and PSEG-LI 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, NYISO, or PSEG-LI (whether provided by you, PSEG-LI, Leap, Generac, or NYISO); (3) the unauthorized use of this information by Generac, NYISO, or PSEG-LI; and (4) any actions taken by Generac, NYISO, or PSEG-LI pursuant to the Program.

You will remain enrolled in the Program and subject to its terms from June 1to October 31 each year. You may be automatically re-enrolled in subsequent years at Generac’s discretion, subject to the then-current Program terms, unless you choose to cancel your participation, which you may do at any time. You may opt out of no more than one (1) energy event, per year, throughout the duration of the Program. If you opt out of more than one (1) energy event, per year, throughout the duration of the Program, you will be unenrolled from the Program. You may cancel your participation in the Program at any time after the date of this agreement by contacting Generac.

Except as otherwise provided in this paragraph, Program incentives for your first year of participation will be paid out in the form of two electronic gift cards. The first incentive will be sent within the 60 days following completion of connectivity requirements and enrollment confirmation. The second incentive will be sent after the conclusion of your first year in the Program. If you enroll in the middle of the Program (Between June 1 and Oct 31) you will receive one electronic gift card at the conclusion of the Program. The incentive for enrollment in the middle of the Program will only reflect event performance of the battery during the events that occurred after enrollment in the Program. If you unenroll from the Program prior to this 60-day marker, you will not be eligible to receive any incentive. If you remain in the program for subsequent years, program incentives will be paid in the form of one electronic gift card, sent after conclusion of the program each year. If you unenroll or are unenrolled from the Program prior to October 31 in any year, you will not be eligible to receive the end of program incentive for that year.

Incentive Structure for Participation in PSEG-LI and NYISO Programs

Incentive Structure for Participation in PSEG-LI Programs Only

PWRcell requirements include: (1) the battery must be connected to an active internet source (Ethernet or Cellular), (2) customer must have a paid Wi-Fi or 4G LTE annual or monthly subscription, and (3) if the battery becomes disconnected from an internet source, customer is responsible for reconnecting the battery. Generac is not responsible for costs associated with battery reconnections to an internet source provided by a third party. Generac will remotely manage the battery system to prepare for events and discharge during events. The battery system will never go below 20% charge during events and will not be controlled during outages.

Generac may, at any time, revise these Terms and Conditions of Use for the Site by updating this posting. By using the Site, you agree to be bound by any such revisions and should periodically visit this page to review the current Terms and Conditions of Use to which you are bound.