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. 91 Original Sheet No. 91
GENERAL TERMS AND CONDITIONS
22.5.10. Replacement Shipper shall have no ROFR with respect to the released
capacity, unless such release is permanent.
22.5.11. Replacement Shipper shall have the right to nominate secondary
delivery points, subject to the availability of capacity, and
subject to the priorities set forth in Sections 9 and 10 of the GT&C
22.6. Rights and Obligations of Transporter
22.6.1. Transporter shall determine the best bid based upon the best bid
criteria. Transporter shall have the right, but not the obligation,
to reject, in whole or in part, the terms of any Shipper Notice or
bid which is discriminatory or conflicts with any order or
regulation issued by the Commission, or provision of the FT
Agreement, FT Rate Schedules or GT&C. Such Shipper notice shall be
rejected in its entirety unless Shipper permits a partial rejection.
Transporter shall provide notification to Shipper, through the
Website, of the reason(s) for rejecting a release notice with the
notice of rejection.
22.6.2. Transporter shall not have any liability to any Shipper, Releasing
Shipper, Replacement Shipper, bidder or any other party as a result
of Transporter’s performance of its obligations under its capacity
release program, and such Shippers, Releasing Shippers, Replacement
Shippers, and bidders shall indemnify Transporter from and against
any and all losses, damages, expenses, claims, suits, actions and
proceedings whatsoever threatened, incurred or initiated as a result
of Transporter’s performance hereunder, except to the extent such
loss, damage, expense, claim, suite, action or proceeding is the
result of Transporter’s gross negligence, or willful misconduct,
provided that Transporter shall be responsible for direct damages,
if any, resulting from Transporter’s own negligence.