Underground Contract

Please read the following terms carefully before proceeding.

In conjunction with Heartland Highspeed Fiber, LLC’s (“HHF”) policies and procedures, the undersigned customer has requested HHF to provide a physical broadband facilities interconnection that would allow the customer the ability to subscribe to high-speed broadband service provided by HHF. This Underground Agreement (“Agreement”) is not an order for broadband service; it is an agreement governing the terms and conditions of HHF’s provision of a physical broadband facilities interconnection to the customer service location indicated below (the “Service Location”). In order for HHF to provide such interconnection, the customer agrees to the following conditions: (1) The customer shall obtain the necessary right-of-way or easements for HHF’s ongoing installation, maintenance and replacement of the underground broadband facilities. HHF shall not be responsible for the customer’s failure to obtain any land rights necessary for HHF’s activities with respect to such facilities, and the customer shall release, waive, indemnify and hold harmless HHF and its directors, officers, employees, contractors and agents from any and all claims or liability resulting from the customer’s failure to obtain any such land rights. (2) The facilities must be installed at a HHF-approved location. The facilities are non-conductive; therefore, no ground wire and/or ground rod is required for installation. The facilities will be buried up to 24” below grade. The proposed route of the buried facilities 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 at the Service Location. (3) The undersigned customer acknowledges there is the possibility of damage to lawns, shrubs, underground pipes, wires, tanks, driveways, fences, siding, walkways, tiles and other improvements at or near the Service Location. The undersigned customer further understands that it is the customer’s responsibility to mark and expose any private underground facilities (serving the Service Location or any adjacent property) where work on HHF’s underground facilities may occur. Understanding this, the undersigned customer hereby agrees to release, waive, indemnify and hold harmless HHF and its directors, officers, employees, contractors and agents for any claims, liability, costs or damages which may be incurred while installing, maintaining or replacing the underground facilities. (4) HHF will backfill the trench, leaving sufficient soil over the trench to allow for settling and will leave the 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 customer. If an underground private facility is unmarked and damage occurs during construction or maintenance, HHF (or its contractor) will leave any applicable trench open at that location (if feasible) for the undersigned customer to make the necessary repairs, and such open trench will be the responsibility of the undersigned customer to close after repairs are made. If an underground private facility (e.g. drain tile) that serves another property is unmarked and damaged by HHF’s construction or maintenance activities, the undersigned customer agrees that it is the responsibility of the undersigned to repair the damage to the satisfaction of the adjoining property owner. (5) Customer shall provide any conduit where necessary to install the underground broadband facilities. In heavily wooded areas, customer will clear a sufficiently wide path, separate from driveway, for installation and ongoing maintenance of the facilities. (6) The undersigned customer hereby grants to HHF and its affiliates (including Heartland REMC) and their respective employees and agents (including third-party contractors) permission to enter upon the property of the undersigned at the Service Location to install and maintain all facilities required to provide broadband and related services to the customer. The undersigned customer further agrees to maintain all areas of the Service Location in a reasonably safe manner and to warn HHF and its employees, agents and contractors of any dangerous conditions at the Service Location known to the customer at the time the activities are performed. (7) The customer agrees that HHF does not make any representation or warranty regarding its ability to perform or manner or method of performing installation or maintenance activities at the Service Location or regarding the provision of broadband or other communications services at the Service Location. Any terms and conditions related to the provision of such services will be governed by the applicable service agreement. This Agreement must be signed and returned to HHF before work can begin.