Black Marlin Pipeline Company

First Revised Volume No. 1

Effective Date: 06/01/1997, Docket: RP97-110-003, Status: Effective

Original Sheet No. 321 Original Sheet No. 321 : Superseded

2.2.4. A functional acknowledgment, or a response document that has been

designated in the Appendix as a substitute for a functional acknowledgment,

shall constitute conclusive evidence a Document has been properly received.

2.2.5. Except as to conditions governed under Section 2.4, in the event the

receiving party fails to promptly and properly transmit a functional

acknowledgment or response document in return for a properly received Document,

where required, the originating party's records of the contents of the Document

shall control.

2.3. Acceptance. If acceptance of a Document is required by the Appendix, any

such Document which has been properly received shall not give rise to any

obligation unless and until the party initially transmitting such Document has

properly received in return an Acceptance Document (as specified in the

Appendix).

2.4. Garbled Transmissions. If any transmitted Document is received in an

unintelligible or garbled form, the receiving party shall promptly notify the

originating party (if identifiable from the received Document) in a reasonable

manner. In the absence of such a notice and where a functional acknowledgment

or response document has resulted, the originating party's records of the

contents of such Document shall control.

2.5. Retransmissions. If the originating party of a Document has not properly

received a corresponding functional acknowledgment or response document within

the Retransmission Timeframe indicated in the Appendix, the originating party

shall retransmit the Document.

Section 3. Transaction Terms.

3.1. Terms and Conditions. This Agreement is to be considered part of any other

written agreement referencing it or referenced in the Appendix. In the absence

of any other written agreement applicable to any Transaction made pursuant to

this Agreement, such Transaction (and any related communication) also shall be

subject to those terms and conditions, including any terms for payment,

included in the Appendix. The parties acknowledge that the terms and

conditions set forth on such forms may be inconsistent, or in conflict, but

agree that any conflict or dispute that arises between the parties in

connection with any such Transaction will be resolved as if such Transaction

had been effected through the use of such forms.