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. 124 Original Sheet No. 124 determined to be owing to Transporter within fifteen (15) Days from the date the dispute is resolved together with interest on such amount at one percent (1.0%) over the prime rate announced by the Index Bank as it may vary from time to time, commencing fifteen (15) Days after the date the invoice is delivered to Shipper, and continuing until paid. 9.2 Failure of Index Bank If the Index Bank (or any substitute Index Bank) no longer announces a prime rate or ceases to exist, Shipper shall designate a substitute Index Bank by notifying Transporter of the selection and the designation shall be effective as of the date the original Index bank ceased announcing a prime rate or ceased existence, as the case may be. A substitute Index Bank must be a national banking association that has capital and undivided profits of at latest $100,000,000.00 and is located in a metropolitan area of the United States of America that has a population greater than 500,000.10. CONTROL, OWNERSHIP, AND WARRANTIES 10.1 Control and Possession Shipper shall be in control and in possession of the gas prior to such gas being tendered to Transporter at the Receipt Point(s) and responsible for any damages, losses or injuries caused thereby until the same shall have been tendered to Transporter at the Receipt Point(s), except for injuries and damages which shall be occasioned solely and proximately by the negligent act or omission of Transporter or its designee. After the gas has been tendered by Shipper to Transporter, Transporter shall be deemed in exclusive control and possession of such gas until delivery thereof at the Delivery Points, and Transporter shall be responsible for any injuries or damages caused thereby, except injuries and damages which shall be occasioned solely and proximately by the negligent act or omission of Shipper or its designee. After the gas has been tendered by Transporter to