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Original Sheet No. 322 Original Sheet No. 322 : Superseded


The terms of this Agreement shall prevail in the event of any conflict with any

other terms and conditions applicable to any Transaction. Notwithstanding the

foregoing and Section 4.1 of this Agreement, if any party determines that this

Agreement is in conflict with either that party's existing tariff or an

obligation imposed by a governmental entity exercising jurisdiction over that

party, then the affected party shall give notice of termination of this

Agreement as provided in Section 4.7, effective immediately upon receipt of

such notice by the other party to this Agreement.


3.2. Confidentiality. No information contained in any Document or otherwise

exchanged between the parties shall be considered confidential, except to the

extent provided in Section 1.5, by written agreement between the parties, or by

applicable law.


3.3. Validity: Enforceability.


3.3.1. This Agreement has been executed by the parties to evidence their mutual

intent to create binding obligations pursuant to the electronic transmission

and receipt of Documents specifying certain of the applicable terms.


3.3.2. Any Document properly transmitted pursuant to this Agreement shall be

considered, in connection with any Transaction, any other written agreement

described in Section 3.1, or this Agreement, to be a "writing" or "in writing";

and any such Document when containing, or to which there is affixed, a

Signature Code ("Signed Documents") shall be deemed for all purposes (a) to

have been "signed" and (b) to constitute an "original" when printed from

electronic files or records established and maintained in the normal course of



3.3.3. The conduct of the parties pursuant to this Agreement, including the use

of Signed Documents properly transmitted pursuant to this Agreement, shall, for

all legal purposes, evidence a course of dealing and a course of performance

accepted by the parties in furtherance of this Agreement, any Transaction and

any other written agreement described in Section 3.1.


3.3.4. The parties agree not to contest the validity or enforceability of

Signed Documents under the provisions of any applicable law relating to whether

certain agreements are to be in writing or signed by the party to be bound

thereby. Signed Documents, if introduced as evidence