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

(Continued)

 

23.3. (continued)

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.