Black Marlin Pipeline Company

First Revised Volume No. 1

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Effective Date: 11/02/1998, Docket: RP99- 15-000, Status: Effective

Second Revised Sheet No. 211 Second Revised Sheet No. 211 : Effective

Superseding: First Revised Sheet No. 211




is occasioned by an event or occurrence of the character described in

this Section as constituting force majeure; any legislative,

administrative or judicial action which has been resisted in good

faith by all reasonable legal means; any act of omission whether of

the kind herein enumerated or otherwise not within the control of the

party invoking this Section and which by the exercise of due

diligence such party could not have prevented, or shall be occasioned

by the necessity for making repairs to or reconditioning machinery,

equipment, or pipelines, not resulting from the fault or negligence

of such party; such failure shall be deemed not to be a breach of the

obligation of such party, but such party shall use reasonable

diligence to put itself in a position to carry out its obligations.

Nothing contained herein shall be construed to require either party

to settle a strike or lockout by acceding against its judgment to the

demands of the opposing parties.


8.2 No such cause affecting the performance of either party shall

continue to relieve such party from its obligation after the

expiration of a reasonable period of time within which by the use of

due diligence such party could have remedied the situation preventing

its performance, nor shall any such cause relieve either party from

any obligation unless such party shall give notice thereof in writing

to the other party with reasonable promptness; and like notice shall

be given upon termination of such cause.




9.1 Nomination:

A. General

Quantities nominated and scheduled shall be reflected in MMBtu.

Unless otherwise agreed to by Transporter, Shipper shall nominate

in writing to Transporter's Gas Management and Control Department

the following information:

(1) The contract number under which service is being nominated;

(2) The quantity in dekatherms per day of gas to be tendered at

each receipt point;

(3) The quantity in dekatherms per day of gas to be tendered at

each receipt point;

(4) The term of the nomination. All nominations should be

considered original nominations and should be replaced to be


(5) A receipt and delivery rank for each upstream and downstream

party can be submitted by Shipper. This will be used when

making reductions during the scheduling processing.