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. 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.