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. 100 Original Sheet No. 100
GENERAL TERMS AND CONDITIONS
(Continued)
27. IMPAIRMENT OF DELIVERIES/FORCE MAJEURE
27.1. Routine Repair and Maintenance. Transporter shall have the right to
restrict the scheduling of service in whole or in part on all or a portion
of its system from time to time to perform routine repair, maintenance, and
other construction or testing procedures on Transporter’s System or to
comply with applicable regulatory requirements. Transporter’s repair and
maintenance plans should not disrupt the delivery of confirmed services.
Transporter shall exercise due diligence to schedule such activity so as to
minimize disruptions of service to Shippers. Transporter shall have no
liability to Shipper or any other party for such curtailment of interruption
of service. Transporter will post notice of such events on its Internet
website.
27.2. Non-Force Majeure Service Interruption. If, due to an event other than
described below in Section 27.4, Transporter is unable to deliver on any day
under an FT-1 Agreement at least 98% of the Shipper’s MDQ then the
applicable Reservation Charges and related reservation-based surcharges
shall be eliminated for the quantity of gas not delivered. This reduction
in Reservation Charges shall not apply if the Shipper uses alternate points
under the FT-1 Agreement. Transporter shall not be obligated to adjust the
Shipper’s Reservation Charges when Transporter’s failure to deliver on any
day is the result of the conduct of the Shipper or the operator of the
downstream facilities at the delivery point. Notwithstanding this reduction
in Reservation Charges, Transporter shall have no other liability to any
Shipper or any other party for the scheduling of service to accommodate the
routine repair and maintenance of its system.
27.3. Force Majeure. Service under this Tariff may be interrupted or curtailed
for reasons of Force Majeure as defined in Section 27.4, and Transporter
shall give Shipper notice as soon as reasonably possible of such
interruptible or curtailment.