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. 275 Original Sheet No. 275 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
37. APPLICABLE LAWS, REGULATIONS AND WAIVERS
37.1 Duly Constituted Authorities, Laws, and Regulations. These General
Terms and Conditions and the Rate Schedules and Service Agreements to which
these apply shall be subject to all valid laws of the United States and of
the State of West Virginia provided, that in the event of any dispute
arising from any Service Agreement hereunder, Section 5.6 of the General
Terms and Conditions shall control, and the orders, rules and regulations
of duly constituted authorities having jurisdiction. Service Agreements
subject to the provisions of these General Terms and Conditions are
voidable by Transporter, in whole or in part, in the event that the orders,
rules, or regulations in effect on the date of execution of the Service
Agreement are stayed, overturned, or revised in a way that is
unsatisfactory to Transporter.
37.2 Suits and Proceedings. As to all matters within its actual or
imputed control, Shipper represents and warrants that service hereunder and
all arrangements incident thereto conform to applicable laws, orders,
rules, regulations and tariffs. Shipper agrees to indemnify and hold
Transporter harmless against any and all actions, suits or proceedings,
concerning such service or arrangements, which are brought or instituted by
any party or authority having jurisdiction, except that Shipper shall not
indemnify or hold Transporter harmless for Transporter's own gross
negligence or willful misconduct.
37.3 Waiver of Default. No waiver by Shipper or Transporter of any one or
more defaults by the other in performance of the provisions of these
General Terms and Conditions and the Rate Schedules and Service Agreements
to which these apply shall be construed as a waiver of any future default
or defaults, whether of a like or a different character.