MarkWest Pioneer, L.L.C.

Original Volume No. 1

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Effective Date: 04/01/2009, Docket: RP09-321-000, Status: Effective

Original Sheet No. 68 Original Sheet No. 68

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

11.6. Failure to Respond to OFO

 

11.6.1. Unilateral Action – In the event that Shipper does not respond to an

OFO, or the actions taken thereunder are insufficient to correct the

system problem for which the OFO was issued, or there is

insufficient time to carry out the procedures with respect to OFO’s,

Transporter may take unilateral action, including the curtailment of

firm service, to address the circumstances warranting the issuance

of the OFO pursuant to this Section 11.1.

 

11.6.2. OFO Penalty – If a Shipper fails to comply with an OFO it will be

subject to an OFO Penalty for each MMBtu of Gas by which it deviated

from the requirements of the OFO. The daily OFO Penalty shall be

computed based on a price per MMBtu equal to three times the

midpoint of the range of prices reported for “CENTERPOINT, EAST” as

published in Gas Daily for the day(s) on which the OFO is issued.

 

11.6.3. Amounts collected by Transporter as payment of OFO penalties, net of

resulting costs, shall be credited to firm shippers who complied

with the OFO.

 

11.7 Liability of Transporter – Transporter shall not be liable for any costs

incurred by any Shipper in complying with an OFO. Transporter shall not be

responsible for any damages resulting from a Shipper’s failure to comply

promptly and fully with an OFO, and the noncomplying Shipper shall indemnify

Transporter against any claims of responsibility. However, Transporter

shall use reasonable efforts to minimize any such costs or damages.

 

12. UNIFORM QUANTITIES

 

Shipper shall deliver and receive Gas in uniform daily quantities during any month,

and in uniform hourly quantities during any day; provided however, Transporter may

allow hourly receipts and deliveries at other than uniform quantities, if

Transporter determines that, it can do so without impairment to its other service

obligations.