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. 122 Original Sheet No. 122 8.3 If a shipper fails to comply with an OFO, it shall be subject to (a) a penalty of $25.00 per MMBtu for any volume of gas by which it deviated from the requirements of the OFO, and (b) any overrun or other charges that may be applicable under Section 8. A Shipper shall not incur any charges or penalties if such charges or penalties would not have been incurred but for Shipper's compliance with an OFO. A Shipper shall not incur any penalties if the OFO was necessitated exclusively by Transporter's negligence or willful misconduct. 8.4 Transporter may waive its right to collect all or any portion of an OFO penalty assessed against a Shipper, provided that such waiver is granted in a nondiscriminatory manner.9. BILLING AND PAYMENT 9.1 Payment Terms On or before the tenth (10th) Business Day of each Month, Transporter shall deliver invoices to Shipper for its services in transporting gas under the applicable Transportation Agreement. All invoices shall be sent to Shipper by facsimile transmission, or by other means of transmission acceptable to the Transporter and Shipper, and all invoices shall be deemed delivered to Shipper when sent by Transporter in this manner. In addition, Transporter shall mail to Shipper a confirmation copy of each invoice, but the date this copy is delivered shall have no effect on the due date for payment of any invoice for accounting purposes. Invoices shall be due and payable within fifteen (15) Days of Shipper's receipt of the original invoice. All past due payments shall bear interest at one percent above the prime rate per annum announced by Bank One, Texas N.A. ("Index Bank") as it may vary from time to time over the period beginning on the Day after the due date in question and ending on the date payment is sent by Shipper.