Smart Charge Management Commercial Customer Agreement

Enrollment Period: August 1, 2022-June 30, 2024

Demonstration Period: January 2023-December 31-2024

This Smart Charge Management (“SCM”) Program commercial customer agreement (this
“SCM Agreement”) is between Potomac Electric Power Company (“PEPCO”) and the
participating commercial customer (“Customer”), as identified in the signature block
below.

1. Eligibility Requirements
1.1. To qualify for the SCM Program, Customer must be an active PEPCO “customer of
record” on GS, MGT LV II, MGT LV III, GT LV, MGT 3A II, MGT 3A III or GT 3A electric
rate and must currently have demand at the address noted on the application.
1.2. Customer must have proof of electric vehicle (“EV”) registration or purchases within
Maryland before applying for SCM Program.
1.3. Enrollment in the SCM Program is on a first come, first served basis.
1.4. Customer must successfully complete EV charging onboarding through the PEPCO
vendor, Zeco Systems, Inc. dba Shell EV Charging Solutions Americas (hereinafter as
“Shell Recharge Solution” or “SRS”) and keep the chargers online and actively enrolled
in the SCM Program until December 31, 2024.
1.5. Customer must also sign, agree to, and comply with the Master Services Agreement
with SRS (the “MSA”) to participate in the SCM Program.
1.6. Customer agrees to share EV charging data with PEPCO and SRS. Customer
specifically agrees that PEPCO and SRS may share any and all data obtained by SRS
under the SCM Program with Exelon Corporation and its subsidiaries if directed by
PEPCO.
1.7. Customer must submit to PEPCO a complete and accurate application form. PEPCO
reserves the right to refuse payment of an incentive if the application form is not
complete and accurate or if Customer is not accepted into the SCM Program.
1.8. Customer must own or lease the property for which the EV chargers will be built and
have authority, or if required, written consent to install the EV chargers on the property.
Customer will comply with all labeling laws for the EV chargers on its property.
1.9. Customer agrees to cooperate fully with PEPCO and SRS on installation, operation and
maintenance, and if applicable, addressing software issues, with the understanding that
these services are the responsibility of the Customer.
1.10. Customer is responsible for payments for services they wish to purchase from
SRS for MSA services other than for the three-year software license(s), which will be
paid to SRS by PEPCO on the Customer’s behalf.
2. Level 2 Charger Installation
2.1. Customer must provide contact information for an onsite company representative who
will be responsible for the Level 2 charger for the duration of the SCM Program. If the
onsite company representative changes during Customer’s Program participation, it is
Customer’s responsibility to contact PEPCO and SRS with updated contact information
for the new onsite company representative.

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Dated: October 1, 2022
 2.2. Customer will receive, at no cost to Customer, a maximum of one Level 2 charger for
every one EV they have registered in the SCM Program.
2.3. Customer is eligible for a maximum of ten no-cost Level 2 EV chargers under the SCM
Program, regardless of if the chargers are located across multiple locations.
2.4. Customer is responsible for the installation and operation and maintenance of the Level
2 EV chargers it receives under the SCM Program.
2.5. Customer must have the Level 2 chargers installed, inspected and the meter
certification submitted to PEPCO within 120 days after delivery to Customer. Failure to
commission the chargers and activate them within 120 days will result in Customer
termination from the SCM Program and removal by PEPCO or its agents of the Level 2
chargers, unless otherwise approved in writing by PEPCO.
2.6. Customer must ensure the chargers are located in an area with sufficient cellular
service coverage to consistently transmit charger data to SRS. Customer is responsible
for troubleshooting loss of connectivity, proactively or reactively, unless Customer has
purchased a maintenance plan with SRS. PEPCO and SRS do not assume liability for
cellular network outages.
2.7. Customer may, at PEPCO’s sole discretion, be required to upgrade, at Customer’s sole
cost, electric service to accommodate the additional load added by the EV charging
stations installed under the SCM Program.
2.8. Upon signature of this SCM Agreement, the SRS MSA, and successful commissioning
of the charging stations, Customer will be onboarded through SRS’s software platform
and setup on the SCM Program charging schedule for each Level 2 charger (the
“Charging Schedule”). Customer must maintain the Charging Schedule for each Level 2
charger for the duration of the SCM Program (read more under Opt-Outs section) which
will conclude on December 31, 2024.
3. Charger Installation and Maintenance
3.1. Customer will receive the manufacturer’s limited three-year warranty on the hardware of
the Level 2 chargers provided under the SCM Program, along with a three-year
software service package purchased from SRS by PEPCO. SRS is not the
manufacturer of the chargers and does not provide the warranty. Warranty information
is available here: https://evocharge.com/wp-content/uploads/2021/02/Phillips-Temro_-
Evocharge_General-Limited-Warranty_final-1.pdf. After the initial hardware warranty
and software service package have expired, Customer is responsible for all hardware
repairs and maintenance and software updates to the charging equipment and network
service and/or extending their MSA with SRS.
3.2. PEPCO and SRS are not responsible for any maintenance of Customer’s charging
equipment. If maintenance is required, it is Customer’s full responsibility to complete the
necessary maintenance to get the charger working again within 7 calendar days, unless
otherwise approved for extension in writing by PEPCO. Upon request from Customer,
SRS may offer an operation and maintenance solution, which will require a signed
written agreement between Customer and SRS.
3.3. PEPCO and SRS are not responsible for any vandalism of the Customer’s charging
equipment.

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Dated: October 1, 2022
 3.4. PEPCO and SRS are not liable for any damages associated with the installation of the
charging equipment.
3.5. PEPCO does not endorse any particular manufacturer, product, system design or
contractor in offering this Program.
3.6. Customer’s installing contractor must verify that the installed Level 2 charging station
meets all applicable building codes, zoning laws, local, state and federal requirements
and other relevant requirements. Contractor is responsible for obtaining any applicable
permits, as required by aforementioned code/law. Contractor is responsible for all site
inspections and must send meter certification to PEPCO upon installation completion.
3.7. PEPCO and SRS reserve the right to verify Level 2 smart EV charger installation and to
have reasonable access to Customer’s property to inspect and verify installation and
connectivity to network.
3.8. Customer shall retain copies of Customer data submitted [from the Level 2 chargers
under the SCM Program] to PEPCO. Customer shall be solely responsible for backing
up all such Customer data and retaining such Customer data in accordance with its
applicable retention requirements. PEPCO has no obligation to backup Customer data.
PEPCO has no obligation or liability for any loss, alteration, destruction, damage,
corruption, or recovery of Customer data.
4. Incentives: The monthly incentive to be provided to Customer under the SCM Program is
determined based on the Customer electric rate schedule after the Level 2 chargers have
been installed and commissioned on Customer’s property(ies), as follows:
4.1. For small businesses, defined as customers which use 100 kW or less per month, the
monthly rebate incentive is $25 per level 2 charger.
4.2. For all other commercial customers using greater than 100 kW per month, the monthly
rebate incentive is $500 per level 2 charger.
4.3. The incentive will be applied quarterly to the account holder at the facility address
where the Level 2 chargers are located.
5. Opt-outs: The Charging Schedule is determined by adding up the total load of all Level 2
chargers at Customer’s property and calculating Customer’s maximum load limit when
Customer’s EVs are charged. Customer will also have periods of reduced load when the
Level 2 chargers may operate at a lower kW capacity to help support electric grid
operations.
5.1. If Customer logs into its SRS account and opts-out of its daily Charging Schedule for a
Level 2 charger, this will be considered an opt-out. PEPCO will notify Customer via
email when it has reached three opt-outs in one month for a particular Level 2 charger.
5.2. If Customer exceeds four opt-outs in a single month, Customer will lose its incentive
related to that Level 2 charger for that month and will receive a notification email to that
effect from PEPCO.
6. Program Termination
6.1. PEPCO reserves the right to remove any Customer from the SCM Program for any
reason without liability or penalty. PEPCO will send an email notification to Customer
within two business days of removal from the SCM Program.
6.2. Customer understands that it may be necessary for PEPCO to modify the terms of the
Program and this SCM Agreement, if ordered to do so by the Maryland Public Service
Commission. Customer will receive notice of any such Program modification.
Customer’s continued participation in the Program following notice of such change will
be considered acceptance of such modification.

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Dated: October 1, 2022
 6.3. At the end of the SCM Program or if the SCM Program terminates, neither PEPCO nor
SRS are responsible for removal of any equipment. Customer is the owner of the
charger(s) once it is/they are provided to the Customer by PEPCO.
6.4. Neither PEPCO nor SRS, nor their respective affiliates, subsidiaries, officers, agents,
and employees are liable to Customer for any consequential or incidental damages, or
for any damages in tort or otherwise connected with or resulting from participation in the
SCM Program. SRS and its affiliates, subsidiaries, officers, agents, and employees are
not liable to Customer for any consequential or incidental damages, or for any damages
in tort or otherwise for data shared with or used by PEPCO, Exelon, or its subsidiaries.

Customer represents and warrants that it:

(i) understands the terms of this SCM Agreement;
(ii) has the authority to bind the company below;
(iii) the signature below is Customer’s acceptance of this SCM Agreement with PEPCO

Customer’s Full Legal Company Name:

Customer’s Account Address:

By:

Company Representative Signature:

Company Representative Full Name:

Company Representative Title:

Date:

Version: 1
Dated: October 1, 2022