Black Marlin Pipeline Company

First Revised Volume No. 1

Effective Date: 10/01/1990, Docket: CP89-2041-001, Status: Effective

Original Sheet No. 215 Original Sheet No. 215 : Effective

GENERAL TERMS AND CONDITIONS

(continued)

employees. Gas received for transportation by Transporter may be

commingled with other gas in Transporter's system, and the specific

gas made available by Shipper for transportation may not be the same

gas delivered to Shipper.

13. LIABILITY OF PARTIES

Transporter and Shipper each assume responsibility and liability for

the installation, maintenance and operation of its respective

properties and shall indemnify and save harmless the other party from

all liability and expense on account of any and all losses, damages,

claims or actions, including injury to or death of persons, arising

from any act or accident resulting from the installation, presence,

maintenance and operation of the property and equipment of the

indemnifying party.

14. MISCELLANEOUS PROVISIONS

14.1 Waiver of Default: No waiver by either party of any default by

the other in the performance of any provisions of an executed

Service Agreement shall operate as a waiver of any continuing or

future default, whether of a like or different character.

14.2 Successors and Assigns: Any party which shall succeed by pur-

chase, merger or consolidation to the properties, substantially

as an entirety, of any party shall be subject to the obligations

of its predecessor in title under a Service Agreement. No other

assignment of a Service Agreement or any of the rights or obliga-

tions thereunder shall be made; provided, however, that nothing

contained herein shall prevent either party from pledging, mort-

gaging or assigning its rights as security for its indebtedness

and either party may assign to the pledgee or mortgagee (or to a

trustee for the holder of such indebtedness) any money due or to

become due under any Service Agreement.