SERVICE AND LIABILITY AGREEMENT

 

This agreement is made and entered into on the date listed below, between BENCO Electric Cooperative (hereinafter, “the Utility”) and “the Member”, as listed below.


Member’s Responsibility for Private Facilities

  1. Identification of Facilities: The Member acknowledges and agrees that BENCO is not responsible for locating or marking private gas, power, septic, drain tile, irrigation, telecommunication, or other privately owned or installed underground lines and facilities.

  2. Member’s Duty to Identify: It is the Member’s sole responsibility to notify BENCO in advance of any known private facilities within the area of work. If the Member desires that private facilities be located, the Member must arrange for and cover the cost of a private locating service prior to BENCO’s arrival.

  3. Hold Harmless: The Member agrees to hold harmless, indemnify and release BENCO from any and all liability, damages, costs, and expenses that may result from damage to unknown, unmarked, or improperly marked private facilities.


BENCO’s Landscape Restoration

  1. Nature of Work: The Member understands that BENCO’s primary function is the installation and maintenance of utility services, not professional landscaping.

  2. Reasonable Restoration: After completing work, BENCO will make a good faith effort to return the disturbed landscape as close to its original condition as reasonably possible. This includes:

    • Backfilling and grading disturbed soil.

    • Repairing and restoring lawns with topsoil and seed where necessary.

  3. Limitations on Liability: BENCO is not responsible for restoring ornamental landscaping, shrubs, flowers, gardens, sprinkler systems, or other specialized features unless such features were damaged due to BENCO’s negligence. The Member accepts the risk of incidental damage to these features during the normal course of utility work.

  4. Establishment of Vegetation: BENCO will not be responsible for the long-term establishment or maintenance of seeded or sodded areas. The Member assumes responsibility for watering and caring for restored vegetation.


Entire Agreement

This Service and Liability Agreement represents the entire understanding and agreement between BENCO and the Member. No other promises, representations, or inducements have been made.


Binding Effect

This Service and Liability Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.