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. 89 Original Sheet No. 89

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

22.5. Rights and Obligations of Releasing and Replacement Shippers

 

22.5.1. Releasing Shipper shall remain liable for all its contractual

obligations including the Reservation Charges, Negotiated Rates,

Discounted Rates, and all other applicable charges and surcharges,

attributable to the released capacity unless otherwise agreed to in

writing and in advance by Transporter. In the event of a permanent

release, Transporter may waive liability of Releasing Shipper for

all its contractual obligations.

 

22.5.2. When capacity is awarded to Replacement Shipper, Releasing Shipper

must adjust or reconfirm its nominations to reflect the capacity

released. Transporter may automatically change Releasing Shipper’s

nominations to zero for the FT Agreement under which capacity was

released unless such nominations are adjusted or reconfirmed by the

Releasing Shipper.

 

22.5.3. Releasing Shipper shall retain all Rights of First Refusal with

respect to the released capacity, unless such release is a permanent

release.

 

22.5.4. Releasing Shippers may, to the extent permitted as a condition of

the capacity release, recall released capacity (scheduled or

unscheduled) at the Timely Nomination cycle and the Evening

Nomination cycle, and recall unscheduled released capacity at the

Intra-Day 1 and Intra-Day 2 Nomination cycles by providing notice to

Transporter by the following times for each cycle: 8:00 am CCT for

the Timely Nomination cycle; 5:00 pm CCT for the Evening Nomination

cycle; 8:00 am CCT for the Intra-Day 1 Nomination cycle, and 3:00 pm

for the Intra-Day 2 Nomination cycle. Notification to Replacement

Shippers provided by Transporter within one hour of receipt of

recall notification.