Black Marlin Pipeline Company

First Revised Volume No. 1

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Effective Date: 11/01/1993, Docket: RS92- 56-004, Status: Effective

Substitute Original Sheet No. 316 Substitute Original Sheet No. 316 : Superseded

Superseding: Original Sheet No. 316

ELECTRONIC BULLETIN BOARD SUBSCRIBER AGREEMENT

(continued)

 

transmission, backup system failures, or any interruption in or

malfunction of electronic communication or transmission not within the

reasonable control of Black Marlin. Such causes or contingencies

affecting the performance of this Agreement shall not relieve Black Marlin

of liability in the event (a) it fails to use due diligence to remedy the

situation and remove the causes or contingencies affecting performance of

the Agreement or (b) it fails to give EBB Customer notice and full

particulars of the same in writing or by telegraph or facsimile as soon as

possible after the event or situation arises. EBB Customer agrees to

protect, defend, indemnify, and hold harmless Black Marlin against any and

all loss, cost, damages, whether direct, indirect, special, incidental, or

consequential (including without limitation, loss of profits or business

interruptions), and expenses (including court costs and reasonable

attorneys' fees) and liabilities of any nature whatsoever arising out of

any breach of this agreement by EBB Customer or its authorized persons or

agents, or the use of EBB or the information contained therein by EBB

Customer, so long as such liabilities are not the direct result of the

negligence, bad faith, fraud, or willful misconduct of Black Marlin.

 

8. THIS AGREEMENT SHALL BE GOVERNED IN ACCORDANCE WITH THE LAWS OF THE STATE

OF TEXAS, EXCLUDING ANY CONFLICT OF LAWS PRINCIPLES THAT MIGHT REQUIRE THE

APPLICATION OF THE LAWS OF ANOTHER JURISDICTION.

 

9. This Agreement is subject to all terms and conditions of Black Marlin's

FERC Gas Tariff, as amended from time to time, which govern the use and

operation of Black Marlin's EBB.

 

IN WITNESS WHEREOF, the parties have duly executed this Agreement as of

the Effective Date above written.

 

 

BLACK MARLIN PIPELINE COMPANY

 

By:_________________________________

Name:_______________________________

Title:______________________________

 

EBB CUSTOMER

____________________________________

 

By:_________________________________

Name:_______________________________

Title:______________________________