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

(Continued)

 

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.