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.