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