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. 176 Original Sheet No. 176
MARKWEST PIONEER, L.L.C.
FORM OF CAPACITY RELEASE TRANSPORTATION SERVICE AGREEMENT
ARTICLE II – RELEASED TRANSPORTATION RIGHTS
In the event transportation rights are released to Bidder after bidding or the
exercise of matching rights, Transporter shall prepare and submit to Bidder an Exhibit
“R-____” (initially, “R-1”) setting forth the maximum daily quantity of the released
transportation service (“Release Quantity”), applicable receipt and delivery points, the
rates to be paid for service using released rights, the name of the Rate Schedule governing
such released transportation rights and any special terms and conditions applicable to the
release, including conditions of curtailment or recall. If Replacement Shipper subsequently
obtains additional released transportation rights pursuant to the terms and conditions of
Transporter’s Tariff, an additional exhibit (designated sequentially as Exhibit R-2, Exhibit
R-3, etc.) shall be added to this Agreement for each such award of transportation rights.
Each such Exhibit shall be added to this Agreement without any requirement of execution by
Replacement Shipper (except in the case of prearranged transactions to be executed prior to
submission to Transporter) and, upon such addition, shall be incorporated in and be
considered a part of this Agreement. In the case of prearranged release transactions,
Releasing Shipper shall prepare the Exhibit R-__ with all terms set forth therein; and,
after execution by Replacement Shipper, such Exhibit shall be submitted to Transporter with
the Release Request. If consistent with the tariff and not superseded by a higher
third-party or matching bid, such Exhibit R-__ will be accepted and incorporated into this
Agreement.
ARTICLE III – TERMS AND CONDITIONS
This Agreement shall be subject to, governed by, and shall incorporate the
applicable provisions of Transporter’s Tariff, including, without limitation, Section 22 of
the General Terms and Conditions thereof, the governing Rate Schedule, and the special terms
and conditions stated in each Exhibit hereto with respect to the released transportation
rights described in such Exhibit. Subject to the terms, conditions, and limitations of this
Agreement and Transporter’s Tariff, Replacement Shipper shall be deemed a Shipper for
purposes of the governing Rate Schedule and the applicable provisions of Transporter’s
Tariff and shall be subject to all obligations thereof.