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. 81 Original Sheet No. 81

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

21.1 (continued)

encumbrances and claims whatsoever, that Shipper shall indemnify Transporter

and save it harmless from all suits, actions (including but not limited to

enforcement actions of the Commission or other regulatory or judicial

bodies), debts, accounts, damages, penalties, fines, assessments, costs,

losses, royalties, taxes, license fees, charges, or other expenses resulting

from breach of this warranty.

 

21.2. If Shipper’s title or right to deliver Gas to be transported is questioned

or involved in any action, Transporter shall not be obligated to continue

providing service to Shipper unless and until Shipper provides a bond or

other security satisfactory to Transporter that provides adequate assurances

satisfactory to Transporter that such questions will adequately be resolved.

21.3. Title to the Gas received by Transporter at the Receipt Point(s) shall not

pass to Transporter, except that title to Gas delivered for Transporter’s

(1) Fuel and Gas losses, (2) imbalance or cash-out volumes where applicable,

and (3) Gas left on system by Shippers, shall pass to Transporter upon

delivery at the Receipt Point(s).

 

22. CAPACITY RELEASE

 

22.1. Capacity Eligible for Release – Shippers under Rate Schedule FT-1 shall be

permitted to release their capacity on a temporary or permanent basis, in

accordance with this section. Capacity eligible to be released hereunder

shall be limited to the firm capacity reserved by the Releasing Shipper, as

defined by the Primary Receipt Point(s) and the Primary Delivery Point(s)

contained in the Shipper’s FT Agreement. Releases may be made on an

interruptible (i.e., subject to recall) or firm basis and may be billed by

Transporter based on usage.