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.