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. 94 Original Sheet No. 94
GENERAL TERMS AND CONDITIONS
Transporter may require bidders to insure that offers are bona fide by
providing financial assurances satisfactory to Transporter.
23.4. A Shipper may elect to retain a portion of its Contracted Capacity subject
to ROFR rights, in which case Transporter’s pregranted abandonment authority
shall apply to the remainder of the service.
23.5. Upon conclusion of the ROFR Bidding Period, Transporter shall evaluate the
bids in accordance with the procedures set forth in Section 22 for the
evaluation of bids under Transporter’s capacity release mechanism, provided
that any bid rate higher than the maximum applicable recourse rate shall be
deemed to be equal to the maximum applicable recourse rate. Transporter
shall not be required to accept any bid at less than Transporter’s maximum
applicable recourse rate.
23.6. If Transporter receives no bids, or if Transporter receives no bids at its
maximum applicable recourse rate and Transporter determines not to accept
any bids below the maximum applicable recourse rate, Transporter shall
notify Shipper of the bid having the highest value to Transporter (“Highest
Bid”), or that no bids were received. If Transporter receives a bid at its
maximum applicable recourse rate, or if it accepts any bid below the maximum
applicable recourse rate, Transporter shall, within five days of the close
of the ROFR Bidding Period, inform Shipper of the offer to purchase capacity
solicited pursuant to this section that Transporter intends to accept.
Shipper shall have twenty-five (25) days after receiving notice to notify
Transporter as to whether it will match the Highest Bid in terms of price,
quantity and duration. If the Shipper elects to match the Highest Bid, it
must execute a new transportation agreement that contains the terms of the
Highest Bid; provided, however, that Shipper shall not be required to pay
any rate higher than the maximum applicable recourse rate. If the Shipper
fails to match the offer presented by Transporter, Transporter shall enter
into an FT Agreement with the Person submitting the competing offer.