MarkWest Pioneer, L.L.C.
Original Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 04/01/2009, Docket: RP09-321-000, Status: Effective
Original Sheet No. 178 Original Sheet No. 178
MARKWEST PIONEER, L.L.C.
FORM OF CAPACITY RELEASE TRANSPORTATION SERVICE AGREEMENT
ARTICLE VI – REPLACEMENT SHIPPER’S INDEMNIFICATION
Replacement Shipper recognizes that its rights to transportation service hereunder
are solely those rights released by Releasing Shipper(s). The Replacement Shipper agrees
that it will indemnify Transporter against any claim or suite of any kind by any Releasing
Shipper, its successor or assigns arising from any action taken by Transporter in reliance
upon the nominations, scheduling instructions or other communications from Replacement
Shipper or its agents. Replacement Shipper further agrees that it will hold Transporter
harmless for any action taken by Transporter in reliance upon the nominations, scheduling
instructions or other communications of the Releasing Shipper or its agents. Replacement
Shipper further recognizes and agrees that Transporter shall have no obligation to honor any
nomination or scheduling request from Replacement Shipper or its agents that in
Transporter’s sole opinion conflicts with communications or instructions received by
Transporter from the Releasing Shipper (or is agents) which is the source of the released
transportation rights sought to be utilized by Replacement Shipper hereunder.
ARTICLE VII – MISCELLANEOUS PROVISIONS
7.1 No waiver by any party of any one or more defaults by the other in the performance
of any provisions of this Agreement shall operate or be construed as a waiver of any
future default or defaults, whether of a like or of a different character.
7.2 The headings of the articles of this Agreement are inserted for convenience of
reference only and shall not affect the meaning or construction thereof.
7.3 The interpretation and performance of this Agreement shall be in accordance with and
controlled by the laws of the State of Oklahoma, without regard to choice of law
doctrine that refers to the laws of another jurisdiction.
7.4 This Agreement, including all provisions expressly incorporated by reference,
constitutes the entire agreement between the parties pertaining to the subject
matter hereof and supersedes all prior agreements, representations, and
understandings, written or oral, pertaining thereto. Except as otherwise provided
herein, any modifications, amendments or changes to this Agreement shall be binding
upon the parties only if agreed upon in a written instrument executed by both
Parties which expressly refers to this Agreement.