Underground Contract

Please read the following terms carefully before proceeding.

In conjunction with Heartland policies and procedures, the undersigned member is requesting the REMC, through its service provider Heartland Highspeed Fiber, to provide physical broadband cable interconnection that would allow the member the ability to subscribe to high-speed broadband service. To be clear, this contract is not an order for broadband service, it is a request to provide a physical broadband cable interconnection to the member premises. In order to comply with this request, the member agrees to meet the following conditions: The member shall obtain the necessary Right of Way easements for installation, maintenance and replacement of the underground cable. The cable must be installed at a Heartland Highspeed Fiber-approved location. The broadband cable is non-conductive, therefore, no ground wire and/or ground rod is required for this installation. The cable will be buried up to 24” below grade. The proposed route of the buried cable will be marked with white paint and be in a straight line, where possible, from the serving pole/vault, to a demarcation box to be located on the exterior wall of the served structure. The undersigned acknowledges there is the possibility of damage to lawns, shrubs, underground pipes, wires, tanks, driveways, fences, siding, walkways, tiles, etc. Understanding this, the undersigned hereby elects to request underground service and agrees NOT TO HOLD THE REMC, Heartland Highspeed Fiber (OR ANY Heartland Highspeed Fiber CONTRACTOR) liable for any costs or damages which may be incurred while trenching for, or installing the underground cable. It is the responsibility of the undersigned member to mark and expose their own facilities. Heartland Highspeed Fiber will backfill the trench, leaving sufficient soil over the trench to allow for settling and will leave job site in a clean and workmanlike manner. If, at a later time, further backfilling is required, it will be the responsibility of the undersigned member. If a private line is unmarked and damage occurs during construction or maintenance, Heartland Highspeed Fiber (or its contractor) will leave any applicable trench open at that location (if feasible) for the undersigned member to make the necessary repairs, The open trench (left open for repairs) will be the responsibility of the undersigned member to close after repairs are made. If the private facility (e.g. drain tile) that serves another property is damaged by this construction, the undersigned member agrees that it is the responsibility of the undersigned to repair the damage to the satisfaction of the adjoining property owner. Member shall provide any conduit where desired; driveways, etc. In heavily wooded areas, member will clear a sufficiently wide path, separate from driveway, for installation of the cable. The undersigned member hereby grants to Heartland, Heartland Highspeed Fiber Communications and their employees and agents (including third party contractors) permission to enter upon the property of the undersigned to install and maintain all facilities required to serve this Member. This agreement must be signed and returned to Heartland Highspeed Fiber Communications or its agent before work can begin.