Black Marlin Pipeline Company

First Revised Volume No. 1

Effective Date: 02/27/2009, Docket: RP09-290-000, Status: Effective

First Revised Sheet No. 213E First Revised Sheet No. 213E

Superseding: Original Sheet No. 213E

GENERAL TERMS AND CONDITIONS

(continued)

"best bid" under Section 10.1.C. Once a bid on an offer of

temporary or permanent release of capacity is accepted, the

Acquiring Shipper shall execute a separate Service Agreement with

Transporter under the terms and conditions of Transporter's FERC Gas

Tariff.

Releasing Shipper: The Releasing Shipper shall remain fully liable

on its existing Service Agreement with Transporter for the payment

of all reservation charges for the contract quantities.

E.2 Billing and Payment. The Releasing Shipper's bill for a month in

which it released capacity on a temporary basis shall be credited by

the amount Transporter bills Acquiring Shipper for the released

capacity; provided however, that if Acquiring Shipper fails to pay

Transporter the amount credited to Releasing Shipper's bill,

Transporter reserves the right to reverse the credit on Releasing

Shipper's bill in a later month. The Releasing Shipper is not

responsible for any commodity charges or penalties incurred by

Acquiring Shipper; provided however, that Releasing Shipper is

responsible for any reservation charges associated with capacity

rights obtained by volumetric bids. If any of the rates billed to

and paid by the Acquiring Shipper under its Service Agreement

exceeds the rate the Commission determines to be just and reasonable

and Transporter is ordered to make refunds, the Acquiring Shipper

shall be eligible to receive such refunds to the extent of any

payments it made are in excess of the rates the Commission

subsequently determined to be just and reasonable. Any rate paid by

an Acquiring Shipper in any capacity release transaction which is

not subject to the maximum rate cap is deemed to be a final rate and

is not subject to refund.

10.1 F. Marketing Fee. Transporter may receive compensation for actively

marketing and successfully placing released capacity. The level of

such compensation shall be negotiated between Transporter and

Releasing Shipper and proceeds received from the placement of

capacity and will be deducted from the reservation fee credit due

releasing Shipper.