Black Marlin Pipeline Company
First Revised Volume No. 1
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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Original Sheet No. 321 Original Sheet No. 321 : Superseded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
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
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.