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. 79 Original Sheet No. 79

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

19.6.4. At any time thereafter within 20 days of a demand made by

Transporter furnishes good and sufficient surety bond or other

mutually agreeable security guaranteeing payment to Transporter of

the amount ultimately found due upon such bill after a final

determination which may be reached either by agreement or judgment

of the courts, as may be the case, then Transporter shall not be

entitled to suspend further transportation services because of such

non-payment pursuant to this section unless and until default be

made in the conditions of such bond.

 

19.7. Prior period adjustment time limits will be six (6) Months from the date of

the initial transportation invoice and seven (7) Months from the date of

initial sales invoice with a three (3) Month rebuttal period, excluding

government required rate changes. This standard shall not apply in the case

of a deliberate omission or misrepresentation or mutual mistake of fact.

Parties’ other statutory or contractual rights shall not otherwise be

diminished by this standard.

 

20. NEW FACILITIES POLICY

 

20.1. Transporter is under no obligation to build, acquire and/or install service

lateral pipelines, taps and metering facilities necessary to provide

transportation service to any new or existing Shipper. Transporter may

construct facilities on a non-discriminatory basis.

 

20.2. Except as provided in Section 20.4, Shipper shall reimburse Transporter: (a)

for the costs of any facilities installed by Transporter with Shipper’s

consent to receive, measure, transport or deliver Gas for Shipper’s account,

and (b) for any and all filing fees required in connection with Shipper’s FT

or IT Agreement that Transporter is obligated to pay to the Commission. Any

reimbursement due Transporter by Shipper shall be due and payable to

Transporter within ten (10) Days receipt of Transporter’s bill. Transporter

may consent that such reimbursement, plus carrying charges thereon, be

amortized over a mutually agreeable period. Carrying charges shall be

computed using Commission-established interest rates.