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. 101 Original Sheet No. 101

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

27.4. Force Majeure Defined/Relief From Liability. Neither Transporter nor

Shipper shall be liable in damages to the other for any act, omission or

circumstances occasioned by or in consequence of any event constituting

Force Majeure. The term Force Majeure shall mean acts of God, strikes,

lockouts, acts of the public enemy, wars, blockades, insurrections, riots,

epidemics, landslides, lightning, earthquakes, fires, storms, floods,

washouts, arrests and restraints of rulers and peoples, civil disturbances,

explosions, breakage or accident to machinery or lines of pipe, line

freeze-ups, the binding order of any court or governmental authority which

has been resisted in good faith by all reasonable legal means, and any other

cause, whether of the kind herein enumerated, or otherwise, and whether

caused or occasioned by or happening on account of the act or omission of

one of the parties to the contract between Transporter and Shipper or some

person or concern not a party thereto, which is not within the control of

the party claiming excuse and which by the exercise of due diligence such

party is unable to prevent or overcome. A failure to settle or prevent any

strike or other controversy with employees or with anyone purporting or

seeking to represent employees shall not be considered to be a matter within

the control of the party claiming excuse. Under no circumstances will lack

of finances be construed to constitute Force Majeure.

 

27.5. If, due to an event of Force Majeure, Transporter is unable to deliver any

portion of the Shipper’s firm MDQ under an FT-1 Agreement for a period

greater than ten (10) consecutive days, then for the period beyond ten (10)

days that Transporter so fails to provide service, the applicable

reservation charges shall not apply to the quantity of Gas not delivered by

Transporter within the Shipper’s firm MDQ. However, the applicable

reservation charges shall not be eliminated to the extent that the Shipper

utilizes secondary points on Transporter’s system.