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. 402 Original Sheet No. 402 : Effective
FORM OF ELECTRONIC CONTRACTING AGREEMENT
THIS ELECTRONIC CONTRACTING AGREEMENT (the Agreement) is made as of
______________, 20___, by and among CENTRAL KENTUCKY TRANSMISSION COMPANY,
with offices at 1700 MacCorkle Avenue, S.E., Charleston, West Virginia
25314 and ________________________________________________________________
(Subscriber), with offices at ____________________________________________.
RECITALS
WHEREAS, Transporter and Subscriber have entered into or may in the future
enter into one or more new or amended Service Agreements or Assignment
Agreements pursuant to the provisions of Pipeline's effective FERC Gas
Tariff, Original Volume No. 1 (Tariff), on file with the Federal Energy
Regulatory Commission, or nonjurisdictional agreements or contracts
(collectively "Contracts"); and
WHEREAS, Transporter provides an Electronic Bulletin Board service through
the Columbia Navigator, which includes an electronic data interchange
component, pursuant to Section 2 of the General Terms and Conditions (GTC)
of the Tariff; and
WHEREAS, Transporter and Subscriber desire to facilitate the provision and
receipt of service for their mutual benefit by entering into Contracts and
transacting business under such Contracts by electronically transmitting
and receiving data through Navigator in agreed formats (Transactions) in
substitution for conventional paper-based documents, and further desire to
assure that such Transactions and Contracts are not legally invalid or
unenforceable as a result of the use of available electronic technologies;
and
WHEREAS, the terms and conditions governing electronic contracting are
contained in General Terms and Conditions Section 5.7;
NOW THEREFORE, in consideration of the mutual covenants and agreements
herein contained and the benefits to be derived, the parties, intending to
be legally bound, agree as follows:
1. Any Contract entered into electronically between the parties
shall be governed by the provisions of said General Terms and Conditions
Section 5.7, as it may be amended or modified from time to time, which is
incorporated herein by reference.
2. The provisions of General Terms and Conditions Sections 2
(Electronic Bulletin Board), 5 (Service Agreement), 15 (Force Majeure), 28
(Schedules and Contracts Subject to Regulation and Revision) and 29
(Notices) of the Tariff are incorporated herein by reference and shall bind
the parties with respect to this Agreement.