Markwest New Mexico, L. L. C.
Second Revised Volume No. 1
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Effective Date: 08/01/2008, Docket: RP08-409-000, Status: Effective
Original Sheet No. 121 Original Sheet No. 1218. OVERRUN QUANTITIES 8.1 Overrun Charge (a) Authorized Overrun Charge If Shipper requests Transporter to deliver quantities of Gas in excess of Shipper's applicable Transportation Quantity, and Transporter agrees, Shipper shall be subject to an Overrun Charge in addition to the applicable reservation and commodity charges and any balancing charges pursuant to this section, equal to the 100% load factor maximum rate applicable to the service Shipper receives as specified in Shipper's Transportation Agreement per each MMBtu of Gas taken in excess of Shipper's Transportation Quantity. (b) Unauthorized Overrun Charge If Shipper exceeds its Transportation Quantity without the approval of the Transporter, Shipper shall be subject to an Overrun Charge in addition to the applicable reservation and commodity charges and any balancing charges pursuant to this section, equal to $10 per MMBtu for each MMBtu of Gas taken in excess of Shipper's Transportation Quantity. 8.2 A Shipper must comply with an OFO issued pursuant to Section 12 within the time period set forth therein, unless the Shipper is able to demonstrate that such compliance is prevented due to a Force Majeure event as defined in Section 14.1. In all instances, including Force Majeure, the Shipper shall make a good faith effort to comply with any such OFO, including seeking waivers of any contractual limits with third parties or modifications of operating conditions on third party systems. Shipper shall notify Transporter immediately if it believes that it is excused from compliance with the OFO for any reason, and shall provide Transporter with documentation sufficient to support its basis for non-compliance.