ELECTRIC VEHICLE STUDY CUSTOMER PARTICIPATION AGREEMENT

This Electric Vehicle Customer Participation Agreement (“Agreement”) is entered into by City of Lincoln, Nebraska d/b/a Lincoln Electric System (“LES”), CrossChasm Technologies Inc, carrying on business as FleetCarma (“FleetCarma”) and yourself (“Customer”). Your participation in this vehicle study is expressly conditioned on your acceptance of these Terms and Conditions (“Terms and Conditions” or this “Agreement”). Once you apply and accept these Terms and Conditions and LES selects you to participate in the Program, you will be considered a “Customer” as referred to herein.

RECITALS
LES intends to undertake a study from November 1, 2018 to November 1, 2020 to determine the impact of electric vehicle usage in its retail service area (“Study”);
As a part of the Study, LES will utilize FleetCarma, a division of CrossChasm Technologies that specializes in data collection service for vehicles, and data collecting devices capable of plugging into an electric vehicle’s OBD port; and
Customer is a retail electric customer of LES and the owner or lessee of the electric vehicle identified herein who has expressed a willingness to participate in the Study.

AGREEMENT

  1. Data Logger. Upon being selected by LES to participate, Customer will be sent a data collection device (“Data Logger”) which will collect data relating to Customer’s driving and charging practices with Customer’s electric vehicle. Customer shall install the Data Logger in the manner specified in FleetCarma’s instructions as soon as possible after receipt. LES shall be the owner of the Data Logger at all times but Customer shall exercise reasonable care in possessing the Data Logger to prevent it from being damaged, lost, stolen or destroyed. Upon completion of the term of this Agreement, Customer shall return the Data Logger to LES.
  2. Monetary Incentive. Upon commencement of data collection, LES shall issue a $25 bill credit to Customer. Upon termination of this Agreement, Customer shall receive an additional $25 bill credit from LES upon returning the Data Logger to LES.
  3. Collection of Data. Upon installation, the Data Logger will collect “run-time” communication data from multiple standardized and non-standardized controller message channels. The data gathered by Data Logger will include:
    • When the Device is plugged into, and unplugged from, the EV;
    • VIN or Vehicle Identification Number;
    • About your driving – start and end date and time, trip distance, EV state of charge at start and end of drive, electricity consumed during drive, liquid fuel consumed during drive (if EV is a hybrid vehicle), % idling and number of events, electric miles fraction (if EV is a plug-in hybrid electric vehicle, the % of miles the car ran on electric), ambient temperature, average auxiliary load during trip;
    • About your charging – start and end date and time, charging power, charging energy, charging energy efficiency loss, starting state of charge, ending state of charge, where the charging session occurred.

    The foregoing information and any other information collected (hereinafter “Data”) shall be gathered in accordance with FleetCarma’s privacy policy. VIN shall not be released to LES; all other Data shall be anonymized by FleetCarma prior to release to LES. Charging location is determined via global positioning system (“GPS”) coordinates and mapped to discrete zones; customer’s residence, public charging port, LES service area, Nebraska and “Other”. GPS information is only collected during charging, not during driving.

  4. Use of Data. Customer consents to FleetCarma and LES collecting Data and utilizing and sharing it with its research partners for purposes of researching and analyzing usage patterns and opportunities for efficiencies and expansion related to use of electric vehicles. Customer further grants to LES a royalty-free, worldwide license to use and aggregate the Data for any purpose, and to publicize, transmit, distribute, and disseminate the aggregate Data in any form and in all languages and media of expression, without further consideration. LES will not disclose Customer’s home address, email address, customer account number or any other personally identifiable information and shall only utilize data gathered pursuant to this study in an anonymized fashion. LES shall only disclose Data gathered pursuant to this Agreement for research purposes and to comply with a law, court order, administrative order, subpoena or warrant.
  5. Web Portal and Mobile Applications. Customer may access the web-based portal and/or mobile applications provided by FleetCarma to access data related to Customer’s electric vehicle charging and usage and no cost to Customer. LES and FleetCarma do not make any warranties regarding the accuracy or fitness for any particular purpose of the data.
  6. Disclaimer of Warranties. CUSTOMER ACKNOWLEDGES THAT LES AND FLEETCARMA DO NOT MAKE ANY WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, ORAL, WRITTEN OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING BY CUSTOM, TRADE USAGE, PROMISE, EXAMPLE OR DESCRIPTION, WITH RESPECT TO THE DATA LOGGER OR ITS
    USE OR PERFORMANCE, ALL OF WHICH WARRANTIES AND GUARANTEES ARE EXPRESSLY DISCLAIMED.
  7. Limitation of Liability. To the fullest extent permitted by law and notwithstanding any other provision of this Agreement to the contrary, neither party nor their respective heirs, personal representatives, officers, managers, directors, agents and successors or assigns shall be liable for any incidental, consequential, punitive or other special damages (including without limitation, loss of use) arising out of or in connection with this Agreement, irrespective of whether such claims are based upon breach of warranty, tort, strict liability, contract, operation of law or otherwise, and whether or not such party has been advised of the possibility thereof.
  8. Term of Agreement. The term of this Agreement will commence upon execution by both parties and will terminate on the last day of the Study. LES may terminate this Agreement before the end of the term in the event Customer moves out of the LES service area; discontinues ownership or lease of the electric vehicle; LES determines that Customer is not cooperating with the Study; or upon LES providing Customer with 30 calendar days’ written notice of its intent to terminate this Agreement. Customer shall notify LES in the event the electric vehicle will be inoperable for a period of more than 30 calendar days and LES shall have the sole option of terminating the Agreement under such circumstances. Customer’s obligation to return the Data Logger to LES and LES’s obligation to pay $25 to Customer upon receipt of the Data Logger shall survive the termination of this Agreement.
  9. Relationship of Parties. Nothing in this Agreement shall be construed as creating an association, joint venture or partnership between the Parties nor shall either Party be considered to be an agent or employee of the other party as a result of this Agreement.
  10. Assignment. This Agreement will be binding upon and inure to the benefit of the parties hereto and their respective heirs, administrators, executors, successors, and permitted assigns. Customer may not assign this Agreement without LES’s prior written consent.
  11. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Nebraska without regard to conflicts of law principles.
  12. No Waiver. None of the provisions of this Agreement will be considered waived by either party except when such waiver is given in writing. No waiver by either party of any one or more defaults in the performance of the provisions of this Agreement will operate or be construed as a waiver of any other existing or future defaults.
  13. Severability. If any of the terms, covenants or conditions of this Agreement, or the application of any such term, covenant or condition, is held by a court of competent
    jurisdiction to be invalid, all other terms, covenants and conditions of this Agreement and their application will not be affected thereby, but shall remain in full force and effect.
  14. Entire Agreement. This Agreement, including all exhibits, constitutes the entire agreement between the parties with respect to its subject matter, and no understandings or obligations not herein expressly set forth will be binding upon them. No modification, amendment or alteration of this Agreement will be valid unless it is in writing and signed by both parties.