RESIDENTIAL WATER FILTER RENTAL AGREEMENT – TERMS & CONDITIONS

These Terms & Conditions (which together with the Water Filter Rental Agreement Form to which they are appended are collectively referred to as this “Agreement”) are the full and complete agreement with the Customer (the “Customer” being the name and signatory on the Water Filter Rental Agreement Form who is the person entering into this Agreement with Summitt Home Services LP). If more than one person is named on the front of the Customer’s utility bill, the Customer understands that each person shall be deemed the “Customer” and each person has the authority to enter into this Agreement. Each person shall be individually liable, and all of the Customers are collectively jointly and severally liable, for all obligations, liabilities and indebtedness imposed on Customer by this Agreement.

–To: Summitt Home Services LP (“Summitt”) and the Gas Distribution Company (or Companies) for the Service Address (the Customer’s “Utility”)

1. Appointment of Agent

The Customer hereby appoints Summitt to be their agent and Water Filter Rental (“WFR”) supplier for all purposes related to the arrangement of WFR billing to the Customer’s Service Address on this Agreement (“Appointment of Agent”). The Customer’s Utility and all other related third parties are entitled to rely upon all actions taken, or documents signed, by Summitt in connection with or pursuant to this Appointment of Agent as though the Customer had taken such action or signed such document including, without limitation, the negotiation, implementation, operation, performance, amendment and termination of any WFR arrangement. This Appointment of Agent shall be effective from the date the Customer signs the Agreement and shall continue to be in effect until this Agreement is terminated either by the Customer or Summitt in accordance with the procedures for termin ation set out in these Terms and Conditions below.

2. Our Service Commitment to the Customer

i) Summitt’s commitment to the Customer is: to provide the Customer a WFR, installation of that water filter and repairs, maintenance and/or replacement of the water filter due to normal wear and tear as determined by Summitt in the exercise of its reasonable business judgment. Extra service charges may apply in the following circumstances: if repairs or service work become necessary because the water filter is at any time connected to other equipment at the service address (the “Premises”); if repairs are necessary because of damage caused by the Customer or a third party, or as a result of use for which the water filter was not intended; if additional wiring, plumbing, venting or piping is required to meet applicable building codes, regulations or installation requirements. Summitt will not be required to deliver the water filter sooner than 10 days after the date on the Agreement. If the Customer cancels an installation appointment within 24 hours of the scheduled appointment date or fails to be present at the scheduled appointment an $85 cancellation fee may apply.

ii) If at any time Summitt deems that the Customer’s water filter is in need of replacement in consequence of normal wear and tear as referenced in the immediately preceding paragraph, the Customer shall receive a water filter of comparable size and type at the then current Summitt rental rate for that water filter. For cancellation policies please see Section 4. An emergency telephone number (1 877 282 8265) is available to the Customer 7 days a week, 24 hours a day to handle the dispatching of emergency service requirements.

iii) The Customer has the option to terminate this Agreement at any time or to purchase their water filter; in either case by paying the applicable purchase or termination amounts (see Section 4). Should the Customer sell their home, this Agreement is transferable to the purchaser of the Premises.

3. Customer's Commitment To Summitt

i) Summitt will honour its Service Commitment and, in return, the Customer agrees that: The Customer represents and warrants that they have authority to enter into this Agreement either as the owner of the Premises, or spouse of such owner. The Customer’s water filter rental automatically commences the date their water filter is installed or the Customer’s enrollment in the program is accepted by Summitt, or if they have purchased the Premises after the water filter was installed, the water filter rental commences on the date of that Customer’s purchase of the Premises.

ii) The Consumer’s total monthly cost to rent the water filter is made of: 1. The monthly rental cost of the filter as indicated on the first page of this Agreement, 2. Monthly rental rate increases (if any), are subject to change in June each calendar year, and shall be limited to the posted Consumer Price Index published annually, and 3. Applicable federal and/or provincial sales of goods and services taxes. The total rental charge is paid by the Customer on a monthly basis either to Summitt directly or the Customer’s natural gas utility (i.e., Enbridge Gas Distribution). If the customer pays Enbridge Gas distribution, the total rental charge will appear in the “Other Companies” section of the Customer’s utility bill and Enbridge Gas Distribution payment terms and billing cycle will apply. If the Customer pays Summitt for the total rental charge, payment will be made by pre-authorized payment either through the Customer’s bank account or by credit card.

iii) For such pre-authorized payment, the Customer expressly authorizes Summitt to have the Customer’s payments deducted from their bank account or to charged to their credit card, the amount of any charges, interest and other amounts due under this Agreement (each being a preauthorized payment or “PAP”). Any overdue payment will be charged at a rate equal to 1.5% per month (or 19.6% per annum), compounded monthly. The Customer will be charged a $25 administration fee for any PAP that cannot be processed for any reason.

iv) The Customer will not remove the water filter from the Premises and will maintain it in a safe, dry, heated, unobstructed and accessible location, free of any flammable, hazardous or combustible materials. The Customer will ensure the water filter is located in an area with sufficient drainage in the vicinity and that the drainage is open and unrestricted and Summitt, therefore, will not be responsible for damage caused if the water filter or con- nections leak. The Customer will ensure that any identification or labelling is not removed from the water filter or covered or obstructed in any manner.

v) Except as specifically permitted herein, the Customer will not permit or authorize anyone other than Summitt’s authorized representatives to service, repair, move or, disconnect the water filter. The Customer will permit Summitt’s authorized agents or employees to have access to the Premises at all reasonable hours for the purposes of installing, servicing or removing the water filter. If the Customer sells the Premises, the Customer agrees to inform the purchaser that title to the water filter is owned by Summitt and that the water filter is being rented by the Customer from Summitt pursuant to this Agreement. The purchaser will assume the Customer’s rights and obligations under this Agreement effective the date of sale. The Customer authorizes Summitt to respond to any information requests relating to their WFR account made by or on behalf of the purchaser.

vi) The Customer agrees that Summitt is the owner of the water filter and that Summitt is not transferring title to the water filter to the Customer.

The Customer agrees that Summitt is the owner of the water filter and that Summitt is not transferring title to the water filter to the Customer.

Summitt may register its interest in the water filter on title to the Premises. To the extent permitted by law, the Customer hereby waives any right to receive a copy of such registration and appoints Summitt as their agent for the purpose of making and effecting any such registrations. The Customer agrees that the water filter is and will remain the property of Summitt even though it may become affixed to the Premises. The Customer agrees to keep the water filter free of all liens, security interests, mortgages and other claims.

vii) The Customer is responsible for maintaining effective operation of any plumbing and pumping systems supplying water to the water filter during installation, servicing and operation of the water filter.

4. Purchase Option by the Customer and Termination of the Rental Agreement

i) The Customer may terminate this Agreement by purchasing the water filter on an “as is, where is basis”. The Customer may exercise that purchase privilege by providing Summitt with at least 30 days’ prior written notice of their desire to purchase the water filter, accompanied by the Customer’s payment of the Buyout and any delinquent payments under or pursuant to this Agreement. If the Customer chooses to purchase the water filter, the buyout calculation (‘Buyout”) shall be an amount equal to the then remaining undepreciated value of the water filter, determined by Summitt on a straight-line basis. The buyout amount shall be as follows (subject to a minimum residual amount of $100) plus HST:

ii) The Customer may choose to terminate this Agreement by returning the water filter to Summitt and providing Summitt with 30 days prior written notice of termination. The water filter may be returned as follows: by requesting that Summitt disconnect and remove the water filter and the Customer providing access to the Premises during normal business hours so that Summitt may remove the water filter, the charge for which shall be $375. Any termination pursuit to Section 4 ii), is only effective when the Customer has complied with the foregoing and the water filter has been returned. Should any unreasonable or excessive wear or use of the water filter be determined, the Customer shall be responsible for repair charges calculated as follows: If wear is identified as i) dented casing - $200 repair charge, and ii) other repairs shall be charged to the Customer at Summitt’s cost (not to exceed $500); plus all applicable taxes. The Customer will pay such charges when billed by Summitt. The Customer will not have to pay Summitt any rental charges for periods after the Customer has returned the water filter and has paid Summitt all other amounts owing by them under this Agreement.

5. Termination of the Rental Agreement by Summitt

Summitt may terminate this Agreement at any time upon 30 days’ prior notice to the Customer, or without notice if the Customer breaches any term of this Agreement. If Summitt chooses to exercise its right of termination, then, unless otherwise prescribed by applicable law, the Customer may elect in writing to Summitt, to either: (i) buy the water filter at the above Buyout amount plus all other amounts owing under this Agreement; or (ii) request that Summitt disconnect and remove the water filter, and in the event the Customer elects this option (ii), the Customer shall pay the above Return Fees and any necessary repair charges as identified in Section 4 above. The Customer must notify Summitt in writing of their election to return or buyout the water filter pursuant to this Section 4, no later than 15 days before the date Summitt proposes to terminate this Agreement. If Summitt is unable to repossess the water filter, then the Customer shall be deemed to have exercised the Buyout and Summitt reserves the right to collect Buyout fees from them as noted in Section 4. The Customer will pay such charges when billed by Summitt. The Customer will not have to pay Summitt any rental charges for periods after the Customer has returned the water filter or purchased the water filter and in either case has paid Summitt all other amounts owing by them under this Agreement.

6. Maintenance

If properly maintained, the anticipated useful life of the water filter is beyond (10) years. Customer understands that subject to the conditions in this paragraph, at any time in the year following the 5th, or 10th, (or any 5-year interval thereafter), anniversary date of the Installation Date, Summitt will call to arrange for one of its technicians to conduct a preventative maintenance inspection of the water filter, including: changing the carbon/KDF filter, cleaning and inspection of the sediment filter, shutoff valve, and other connections, checking of water pressure, and ensuring the unit is operating to manufacturer’s specifications. Summitt will distribute to the Customer on an annual basis, replacement pre-filters. Should the Customer wish to purchase additional filters, they may contact customer service at 877-282-8265, to obtain then current filter pricing and shipping charges to their location. The Customer also understands that all installation, maintenance and repairs to the water filter must be performed by a Summitt representative, and that should any other individual attempt to install, remove, modify, repair, or tamper with the water filter, the maintenance inspection obligations above will be void and Summitt may terminate the Agreement and/or charge the costs of any labour and materials related to any repairs, servicing or maintenance required to be carried out, as determined by Summitt. Customer understands that it is their responsibility to maintain the equipment including sediment filter changes every 6 months. If the Customer has properly maintained the water filter, Summitt will provide unlimited service in accordance with the manufacturer’s specifications. The Customer understands that it is their responsibility to notify Summitt within 72 hours of any leak or other problem with the water filter that would require prompt servicing. The Customer understands that Summitt will send a technician to their Residence within a reasonable time frame after being notified of any leak or other problem with the Equipment. The Customer agrees to allow Summitt access to my Premises to maintain the water filter.

7. Furnace Protection Plan and Air Conditioner Protection Plan, Pricing and Term

Summitt will provide the Customer with a Furnace Protection Plan, and/or an Air Conditioner Protection Plan, as selected on the Agreement Form. If the Customer currently has a similar Furnace Protection Plan, and/or an Air Conditioner Protection Plan, that is billed to the Customer on their Enbridge Natural Gas Bill, (be that Agreement with Summitt or with another Company), this offer may not apply and the Customer may not be eligible for a Furnace Protection Plan, and/or an Air Conditioner Protection Plan, as chosen on the Agreement Form. If the Customer terminates the Water Filter Agreement during the first 12 months of the Agreement, a Furnace Protection Plan, and/or an Air Conditioner Protection Plan shall also be cancelled.

i) Price: The Customer agrees that the monthly price of the Plan shall be $1.00 per month per furnace and/or air conditioner for the first 12 months, and each month thereafter shall be charged at $14.99 per month per air conditioner and/or furnace, or at $19.99 per month for both air conditioner and furnace, until the Customer or Summitt chooses to terminate this Agreement. The Customer agrees to provide 30 days notice to cancel this Agreement. Summitt may choose to amend the terms and conditions of this Agreement by providing such notice to Customer.The Customer agrees to pay the Price and also agrees to pay any administration fees charged to Summitt by Enbridge. The Price does not include other federal, provincial and municipal taxes payable in connection with the Plan to the Service Address.

ii) Term: The Customer’s Plan coverage becomes effective upon the completed installation of the water filter. This plan shall continue until the Customer or Summitt chooses to terminate this Agreement. The Customer agrees to provide 30 days notice to cancel this Agreement (“Effective Date”).

iii) The Summitt Home Services Furnace Repair Plan covers: (i) the diagnosis and repair, replacement or adjustment, as Summitt determines necessary, of specified parts within the Customer’s “heating/cooling unit” (subject to the applicable Agreement plan chosen on the front page of the Agreement) subject to the conditions noted below and (ii) parts and services resulting from all labour and part replacement costs, up to the limits and subject to the conditions described below. The Summitt Home Services Furnace Repair Plan does not cover boiler systems.

Summitt Home Services Furnace Repair Plan:

The Summitt Home Services Furnace Repair Plan covers the following: (i) residential natural gas furnaces (“the heating unit”). The following is a complete list of parts that are covered by the Customer’s Summitt Home Services Furnace Repair Plan:

This Plan does not cover heat pumps, equipment using conversion burners, the conversion burner itself and ductless, wall unit, boiler, space heater, air handler, or primary heat source fireplace, heat pump and high velocity units. Equipment serving more than one dwelling unit is not eligible for coverage. The following parts are excluded from coverage under the Customer’s plan: heat exchanger, heating coil (air handler), firebox/combustion chamber, furnace filters, low and high water cut-off valves, circulating pumps, zone valves, and parts added on to accom- modate ancillary equipment such as air conditioners, humidifiers, etc.

Summitt Home Services Air Conditioner Repair Plan:

The Summitt Home Services Air Conditioner Repair Plan covers the following: (i) residential electric powered central air conditioning units (the “cooling unit”).

The following is a complete list of parts covered by the Customer’s Summitt Home Services Air Conditioner Repair Plan:

Natural gas powered, ductless, wall unit, heat pump and high velocity air conditioning units are not eligible for coverage. Equipment serving more than one dwelling unit is not eligible for coverage. The following are exceptions from coverage under your plan: compressor and condenser coil replacement. Repairs required within the cooling unit or air handler are not covered by the Summitt Home Services Air Conditioner Repair Plan.

iv) Replacement Program:

If a) repairs exceed $1,000.00 per service call, claim, or b) incident, or the Customer’s heating and/or cooling unit requires the replacement of the heat exchanger, condenser coil, or compressor, and these replacement parts are not covered under the Customer’s Plan, or b) the unit is deemed other wise irreparable otherwise by our licensed technician, the Customer will be provided a credit of $500 (or equivalent in rental furnace or Air Conditioner deferred payments) towards the purchase/rental of a new replacement unit from Summitt Home Services LP. The Customer’s protection plan

v) Other Terms

Summitt will not reimburse the Customer for the costs of services or parts replacement performed by contractors that have not been authorized by Summitt.

Except as specifically noted in this Agreement, the Customer’s plan coverage is non refundable. The Customer’s plan coverage is transferable to another residence.

Summitt has the right to change, from time to time, any term of this Agreement, including any plan rates and charges by sending the Customer prior notice of the change and such change will be effective 30 days after the date set out in that notice. If the Customer does not consent to a price change the Agreement may be terminated without penalty.

Customer may terminate the HPP Program by providing Summitt with 30 days notice of cancellation in writing by email, fax, or mail.

8. Liability

Summitt is not the manufacturer of the water filter and Summitt makes no representations, warranties or conditions as to the performance of the water filter, except for those which are deemed to be given by statute and which the Customer cannot at law waive. Summitt will not be liable for any loss, damage, death or injury of any type (including as a result of any water leakage or electrical or natural gas related events) arising out of or related to this Agreement or caused or contributed to in any way by of the installation, use, maintenance and operation of the water filter, or any indirect, incidental, or consequential damages or loss of profits, even if reasonably foreseeable. If Summitt is unable to perform any of Summitt’s obligations under this Agreement because of circumstances or events beyond Summitt’s control, Summitt shall be excused from the performance of such obligations for the duration of such circumstances or events and Summitt shall not be liable to the Customer for such failure to perform.

The Customer will indemnify Summitt and hold Summitt harmless from and against any loss or damage by the water filter for any reason and all claims, losses and costs that Summitt may suffer or incur or may be required to pay, including legal expenses, in connection with this Agreement and the use and operation of the water filter, including any claims against Summitt for any injury or death to individuals or damage to property.

9. Privacy/Personal Information

The Customer acknowledges that Summitt may collect, record, use and disclose their credit, financial and related personal information for purposes related to Summitt’s business, and the Customer consents to Summitt’s disclosure or exchange of information with credit bureaus, financial institutions, service providers, agents, affiliates and other third parties in connection with this Agreement. The Customer also consents to Summitt’s use of this information for the purposes of evaluating their creditworthiness, providing them with products and services under this Agreement, verifying information they provide to Summitt, establishing, servicing and collecting on their account, offering them other products and services, and meeting legal, regulatory, audit, processing and security requirements. The Customer understands that they may provide Summitt at any time with notice in writing to stop using their personal information. For more information about our privacy policy, please see summitt.ca.

10. Miscellaneous

The Customer agrees that Summitt may sell, assign, concurrently lease or otherwise dispose of, or grant a security interest in all or part of Summitt’s right, title and interest in the water filter or this Agreement to anyone else, without notice to the Customer and without their consent, and upon such assignment, Summitt shall be released of any further obligations hereunder. To the extent not prohibited by law, the Customer waives any claims, defenses, set-offs, deductions or counter-claims against any such assignee, transferee or holder of a security interest, which the Customer may now or in the future be entitled to assert against Summitt. This Agreement is binding upon and will enure to the Customer’s respective heirs, executors, personal and legal representatives, successors and permitted assigns. Except as specifically provided for herein, the Customer may not assign this Agreement without Summitt’s express prior written consent. This Agreement is the entire agreement between the Customer and Summitt. The Agreement is governed by the laws of the Province of Ontario. Should any of the terms and conditions in this Agreement be held invalid for any reason by a Court or regulatory body of competent jurisdiction, then such terms or conditions shall be deemed severed from this Agreement and the remaining terms and conditions and provisions of this Agreement shall continue in full force and effect.

11. How to Contact Summitt

If the Customer has any questions or concerns about this Agreement they may contact Summitt: (i) by phone: 877-282-8265, (ii) fax: 905-366-7019, (iii) by email: www.summitt.ca/homeservices or (iv) by mail: attention: Water Filter Customer Service, at 100 Milverton Drive, Suite 608, Mississauga, Ontario, L5R 4H1.

12. Your Rights under the Consumer Protection Act, 2002

You may cancel this agreement at any time during the period that ends ten (10) days after the day you receive a written copy of the agreement. You do not need to give the supplier a reason for cancelling during this 10-day period.

If the supplier does not make delivery within 30 days after the delivery date specified in this agreement or if the supplier does not begin performance of his, her or its obligations within 30 days after the commencement date specified in this agreement, you may cancel this agreement at any time before delivery or commencement of per- formance. You lose the right to cancel if, after the 30-day period has expired, you agree to accept delivery or authorize commencement of performance.

If the delivery date or commencement date is not specified in this agreement and the supplier does not deliver or commence performance within 30 days after the date this agreement is entered into, you may cancel this agreement at any time before delivery or commencement of performance. You lose the right to cancel if, after the 30-day period has expired, you agree to accept delivery or authorize commencement of performance.

In addition, there are other grounds that allow you to cancel this agreement.You may also have other rights, duties and remedies at law. For more information, you may contact the Ministry of Consumer and Business Services. To cancel this agreement, you must give notice of cancellation to the supplier, at the address set out in the agree- ment, by any means that allows you to prove the date on which you gave notice. If no address is set out in the agreement, use any address of the supplier that is on record with the Government of Ontario or the Government of Canada or is known by you.

If you cancel this agreement, the supplier has fifteen (15) days to refund any payment you have made and return to you all goods delivered under a trade-in arrangement (or refund an amount equal to the trade-in allowance).

However, if you cancel this agreement after having solicited the goods or services from the supplier and having requested that delivery be made or performance be commenced within ten (10) days after the date this agreement is entered into, the supplier is entitled to reasonable compensation for the goods and services that you received before the earlier of the 11th day after the date this agreement was entered into and the date on which you gave notice of cancellation to the supplier, except goods that can be repossessed by or returned to the supplier.

If the supplier requests in writing repossession of any goods that came into your possession under the agreement, you must return the goods to the supplier’s address, or allow one of the following persons to repossess the goods at your address: (1) the supplier; or (2) a person designated in writing by the supplier. If you cancel this agreement, you must take reasonable care of any goods that came into your possession under the agreement until one of the following happens: (1) the supplier repossess the goods; or (2) the supplier has been given a reasonable opportunity to repossess the goods and twenty-one (21) days have passed since the agreement was cancelled; or (3) you return the goods; or (4) the supplier directs you in writing to destroy the goods and you do so in accordance with the supplier’s instruction.

Accepted by Summitt Home Services LP by its general partner,

Summitt Home Services G.P.