MarkWest Pioneer, L.L.C.
Original Volume No. 1
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Effective Date: 12/31/9999, Docket: RP09-367-000, Status: Accepted
Substitute Original Sheet No. 165 Substitute Original Sheet No. 165
Superseding: Original Sheet No. 165
MARKWEST PIONEER, L.L.C.
FORM OF SERVICE AGREEMENT
RATE SCHEDULE FT-2
Exhibit B(Continued)
ARTICLE II
OBLIGATIONS AND RIGHTS
2.1 Subject to the provisions of Sections 2.3, 2.4 and 2.5 of this Production Commitment
Agreement, Shipper hereby commits to deliver at the Receipt Point and transport
through the Arkoma Connector Pipeline all gas, produced from the “Commitment Area”
as set forth on Attachment A that, on any day, is owned or controlled by Shipper, or
its wholly-owned or controlled subsidiaries, and is produced from well(s) where
Shipper, its wholly-owned or controlled subsidiaries is electing to take its gas
in-kind from wells in which Shipper, or its wholly-owned or controlled subsidiaries
has an interest, and which are operated by a third party (the “Committed
Production”); provided that for shippers making an Option 1 Production Commitment,
Committed Production shall not include production committed to a third party under a
binding agreement existing prior to the close of Transporter’s open season
(“Pre-existing Agreement”), as identified on Attachment A; provided further that
natural gas covered by any Pre-existing Agreement shall become Committed Production
after termination of the Pre-existing Agreement to which such gas had been subject.
The foregoing notwithstanding, any gas that cannot be delivered to the Arkoma
Connector Pipeline shall not be Committed Production for so long as such gas cannot
be delivered to the Arkoma Connector Pipeline, but only to the extent that Shipper
has no commercially reasonable means of ensuring delivery of such gas to the Arkoma
Connector Pipeline.
2.2 In the event of any transfer or assignment of any rights, title and/or interest in
the Committed Production, Shipper agrees that any such transfer or assignment will
be made subject to the terms of this Agreement, it being the intent of the Parties
hereto that the Committed Production remain dedicated for purposes of transportation
on the Arkoma Connector Pipeline for the Term of FT-2 Agreement. All of the
provisions of this Agreement shall be applicable to assignees of interests in the
Committed Production and such assignees shall receive a proportionate assignment of
the rights and obligations hereunder with respect to the Committed Production so
assigned, to the extent that such assignee satisfies the creditworthiness
requirements of GT&C Section 7 of Transporter’s Tariff, as applicable. Upon such
assignment, Shipper shall be relieved of its obligations under this Agreement to the
extent, and only to the extent, so assigned to a third party.