Central Kentucky Transmission Company
Original Volume No. 1
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Effective Date: 05/01/2006, Docket: CP05- 48-002, Status: Effective
Original Sheet No. 68 Original Sheet No. 68 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
the Service Agreement. Shipper, Transporter, and their successors may
assign or pledge the Service Agreement under the provisions of any
mortgage, deed of trust, indenture or similar instrument that it has
executed or may execute hereafter; provided, however, that such mortgage,
deed of trust, indenture or similar instrument shall cover the properties
of such party as an entirety unless such party is an Affiliated Successor
in Interest as described above. Otherwise no party shall assign the
Service Agreement or any of its rights thereunder unless it first shall
have obtained in writing the consent thereto of the other party; provided,
however, that Shipper may release and assign service rights contracted for
under such Service Agreement pursuant to the conditions, and subject to the
limitations, of Section 14 (Release and Assignment of Service Rights) of
the General Terms and Conditions. Any direct or indirect assignment of
service rights by Shipper under this paragraph shall be made in good faith
and not for the purpose of avoiding the requirements of Section 14.
5.5 Waiver of default. No waiver by either party of any one or more
defaults by the other in the performance of any provisions of the Service
Agreement shall operate or be construed as a waiver of any future default
or defaults, whether of a like or different character.
5.6 Choice of Law. Unless otherwise specifically stated in the Service
Agreement, interpretation of the provisions of all Service Agreements or
other agreements entered into between Shipper and Transporter, including
any provisions of this Tariff related to such agreements, and any disputes
arising from such agreements, shall be governed by the law of the State of
West Virginia.
5.7 Electronic Contracting Agreement.
(a) In General. Transporter and Shipper may, and when required by
the Tariff shall, enter into new or amended Service Agreements or
Assignment Agreements by electronic communications through Transporter's
EBB. Transporter and Shipper may also by mutual agreement enter into any
other contract through electronic