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 If consistent with the tariff and not superseded by a higher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.