Central Kentucky Transmission Company

Original Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

Effective Date: 05/01/2006, Docket: CP05- 48-002, Status: Effective

Original Sheet No. 74 Original Sheet No. 74 : Effective

 

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

(7) Entire Agreement. The Electronic Contracting Agreement,

the documents incorporated therein by reference, and the Documents

transmitted pursuant to the Electronic Contracting Agreement shall (i)

constitute the complete agreement of the parties relating to the

matters specified in the Electronic Contracting Agreement, and (ii)

supersede all prior representations or agreements, whether oral or

written, with respect to such matters. No oral modification or waiver

of any of the provisions of the Electronic Contracting Agreement shall

be binding on either party. No modification of or supplement to the

terms and provisions of the Electronic Contracting Agreement shall be

effective unless it is in a paper writing signed in original

handwriting by the parties. No obligation to enter into any

Transaction is to be implied from the execution or delivery of the

Electronic Contracting Agreement. The Electronic Contracting Agreement

is for the benefit of, and shall be binding upon, the parties and their

respective successors and assigns.

 

(m) Limitation of Damages.

 

(1) Neither party shall be liable to the other for any special,

incidental, exemplary or consequential damages arising from or as a

result of any delay, omission or error in the electronic transmission

or receipt of any Documents pursuant to the Electronic Contracting

Agreement, even if either party has been advised of the possibility of

such damages.

 

(2) Shipper or any other party with access to Transporter's EBB

shall defend and indemnify Transporter from and against any and all

claims, demands and actions, and any resulting loss, costs, damages and

expenses (including court costs and reasonable attorney fees) that may

be asserted against or imposed upon Transporter by any person or entity

as a result of the unauthorized or otherwise improper use of any User

Identification or Password issued by Transporter to that Shipper or

other party.