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. 80 Original Sheet No. 80

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

20.3. For the purposes of this section, Transporter’s construction, acquisition,

and/or installation costs shall include, but shall not be limited to:

Transporter’s design costs, equipment costs, labor costs, material costs,

supervision costs, construction financing costs (including a return on

equity), taxes (whether income or otherwise), filing fees, right of way

costs, environmental compliance costs and permitting costs.

 

20.4. Transporter may waive all or a portion of the facility cost reimbursement

requirement if Transporter determines that the expected throughput, revenues

or other benefits make construction of the facilities economical to

Transporter. Transporter shall treat requests for waiver in a manner which

is not unduly discriminatory.

 

20.5. Within ninety (90) days after commencing service for the requesting Shipper,

Transporter shall determine the actual cost of constructing and installing

the requested facilities. If the actual cost is less than the new

facilities cost paid by the requesting Shipper under this section, the

difference shall be refunded to the requesting Shipper within thirty (30)

days of such determination. If the actual costs is greater than the new

facilities cost paid by the requesting Shipper under this section, the

difference shall be paid by the requesting Shipper within thirty (30) days

of such determination.

 

20.6. Unless mutually agreed otherwise by Transporter and Shipper, Transporter

shall have title to, own and operate all new facilities added to its system

pursuant to this section.

 

21. WARRANTY TO TITLE

 

21.1. Shipper warrants for itself, its successors and assigns, that it will have,

at the time of tender of Gas to Transporter hereunder, good title to the Gas

it tenders, that the Gas it tenders hereunder shall be free and clear of all

liens,