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. 177 Original Sheet No. 177
MARKWEST PIONEER, L.L.C.
FORM OF CAPACITY RELEASE TRANSPORTATION SERVICE AGREEMENT
ARTICLE III – TERMS AND CONDITIONS (Continued)
Performance of this Agreement shall be subject to all valid laws, orders, decisions,
rules and regulations of duly constituted governmental authorities having jurisdiction or
control of any matter related hereto. Should either of the parties, by force of any such
law, order, decision, rule or regulation, at any time during the term of this Agreement be
ordered or required to do any act inconsistent with the provisions hereof, then for the
period during which the requirements of such law, order, decision, rule or regulation are
applicable, this Agreement shall be deemed modified to conform with the requirement of such
law, order, decision, rule or regulation; provided, however, nothing in this Article III
shall alter, modify or otherwise affect the respective rights of the parties to cancel or
terminate this Agreement under the terms and conditions hereof.
ARTICLE IV – TERM
This Agreement shall become effective on the date first written above and shall
remain in force and effect until terminated by either Party upon thirty days prior written
notice to the other party; provided however, no such termination may take effect during the
term of any release of transportation rights to Replacement Shipper hereunder.
ARTICLE V – SUCCESSORS AND ASSIGNS
5.1 Either Party may assign or pledge this Agreement and all rights and obligations
hereunder under the provisions of any mortgage, deed of trust, indenture, or other
instrument that it has executed or may execute hereafter as security for
indebtedness; otherwise, Shipper shall not assign this Agreement or any of its
rights and obligations hereunder.
5.2 Any person or entity that shall succeed by purchase, transfer, merger, or
consolidation to the properties, substantially or as an entirety, of either Party
hereto shall be entitled to the rights and shall be subject to the obligations of
its predecessor in interest under this Agreement.