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. 103 Original Sheet No. 103

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

28. Liability

 

Except as specifically provided herein, any remedies or damages arising from a

breach of an FT or IT Agreement by either Transporter or Shipper shall be limited to

actual direct and foreseeable costs, losses, or damages caused by or resulting from

the breach and incurred by the party claiming damages. No party shall be liable to

any other party for any loss of profit or anticipated profit, business interruption,

loss of revenue, loss of use, loss of contract, loss of good will, increased cost of

working or loss of business opportunity, nor for any indirect loss, consequential

loss, punitive, or exemplary damages suffered by a party or any other person, all or

any part of which arise out of or relate to the FT or IT Agreement or the

performance or breach of the FT or IT Agreement, or to any act or omission related

to the FT or IT Agreement, whether in contract, warranty, tort (including

negligence), strict liability, or any other theory in contract, law, or equity,

except those that result from a party’s gross negligence or willful misconduct. For

the purposes of this Section 28, “direct costs, losses, or damages” shall not

include any cost, expense, loss, award or damage suffered or incurred by a party in

respect of any actions, proceedings, claims, or demands made against that party by

any of its customers or any other person.