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.