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.