The undersigned (hereinafter called the "Applicant") hereby applies for membership in, and agrees to purchase electric energy from West Kentucky Rural Electric Cooperative Corporation (hereinafter called the "Cooperative") upon the following terms and conditions:
1. MEMBERSHIP FEE
The Applicant will pay to the Cooperative the amount specified in the Cooperative's Bylaws which, if this application is accepted by the Cooperative, will constitute the Applicant's membership fee. Upon termination of service after the term of contract and upon settlement of final billing, the membership fee will be refunded to the Applicant or, at the option of the Cooperative, be applied against the final billing for electric service. In the event the Cooperative is unable to furnish service to the Applicant, the membership fee will be returned to the Applicant.
2. PAYMENT
The Applicant will purchase from the Cooperative all electric energy used on the premises described herein and will pay therefore monthly at rates to be determined from time to time in accordance with the Bylaws of the Cooperative. The Applicant will pay the minimum bill provided on the Rate Schedule applicable to the level being currently used by the Cooperative, regardless of the number of kilowatt hours consumed. The Cooperative reserves the right to discontinue service to the premises described herein upon non-payment of any bill for electric energy (or for minimum charge) furnished to the Applicant.
3. DELIVERY POINT
The Cooperative's meter shall constitute the delivery point, and all wiring and appliances beyond the meter shall be installed and maintained
by the Applicant. The Cooperative assumes no duty or liability for any appliances or wiring not installed by it, or for any injury to persons or property resulting from appliances or wiring installed on the Applicant's side of the meter. The Applicant hereby releases and agrees to hold the Cooperative harmless from any and all claims for injuries to persons or property occurring on the Applicant's side of the meter.
4. BYLAWS, RULES AND REGULATIONS
The Applicant will comply with and be bound by the provisions of the Articles of Incorporation and Bylaws of the Cooperative, and such rules and regulations as may from time to time be adopted by the Cooperative. The Cooperative is a regulated utility and has in its own right established rules and regulations; all the rules and regulations referred to herein, as well as its Bylaws and Articles of Incorporation, are made a part of this application, incorporated by references as if fully copied herein.
5. PERSONAL LIABILITY
The Applicant, by paying a membership fee and becoming a member, assumes no liability or responsibility for any debts or liabilities of the Cooperative, and it is expressly understood that under the law his private property is exempt from execution for any such debts or liabilities.
6. CONTINUITY
The Cooperative shall use reasonable diligence to provide the Applicant with a constant and uninterrupted supply of electric power and energy; but if such supply shall fail or be interrupted or become defective through act of God, or the public enemy, or by accident, strikes, labor troubles, or by action of elements or inability to secure rights-of-way, or other permits needed, or breaker or fuse operation, or any other cause beyond
reasonable control of the Cooperative, the Cooperative shall not be liable therefore.
7. TERM
The acceptance of this application by the Cooperative shall constitute an agreement between the Applicant and the Cooperative and the contract for electric service shall continue from the date service is made available by the Cooperative to the Applicant, and thereafter until cancelled by either party to the other. This section of the application does not apply to the right of the Cooperative to terminate this agreement for non-payment of bills or for violation of any of the rules and regulations, Bylaws, or Articles of Incorporation as herein referred to in Paragraph (4) of the application.
8. SUCCESSION
This agreement may be assigned by the Applicant only with the consent of the Cooperative but shall be binding upon and inure to the benefit of
the successors, legal representatives, heirs, devisees, and assignees of the respective parties hereto.
9. CONSENT TO OCCUPY
The Applicant hereby grants and conveys unto the Cooperative right-of-way easement rights to construct, operate, and maintain transmission or distribution lines and appurtenances, either overhead and/or underground, over and across land of the Applicant; together with right of ingress and egrees; as may be necessary or convenient to the extension of service. The Applicant hereby gives to the Cooperative without cost or expense,
the further right and privilege to cut and trim any trees or shrubbery near said overhead lines supplying the Applicant, so that adequate and proper service may be extended
hereunder.
10. CASH DEPOSIT
The Cooperative may require from the Applicant at any time a cash deposit not to exceed the amount of an estimated sixty (60) days billing as a guarantee of payment of current bills. Such deposit may be refunded after final bill has been paid or may be applied against any underpaid billing, at the Cooperative's option.
11. ALTERATIONS
No agent or representative of the Cooperative has the power to amend, modify, alter, or waive any of the provisions of this contract or any of the general terms and conditions relating not herein contained. Any promise, agreements, or representations made by any agent or representative of the Cooperative not herein set forth shall be void and of no effect.
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Applicant's Signature (husband or single)
Applicant's Signature (wife)