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. 129 Original Sheet No. 129 not deviate in any material aspect from the form of Transportation Agreement in the tariff for the applicable rate schedule. 13.4 Nothing in this Section 13 shall authorize Transporter or Shipper to negotiate terms and conditions of service.14. FORCE MAJEURE 14.1 The phrase "Force Majeure", as used in these General Terms and Conditions, shall mean, without limitation, an act of God, terrorism, lightening, storm, fire, explosion, accident, unusual casualty, strike, lockout, labor dispute, civil dispute, civil disturbance or labor slow down; closure at the time of the Force Majeure event of all or part of the Shipper electric generating plant(s) at which gas delivered hereunder was to be utilized because of imminent danger, industrial disturbance, or labor trouble; breakdowns or damage to the Shipper electric generating plant(s) at which gas hereunder was to be utilized because of imminent danger, industrial disturbance, or labor trouble; breakdowns or damage to the Shipper electric generating plant(s) at which gas hereunder was to be utilized at the time of the Force Majeure event, or breakdown or damage to necessary electrical transmission equipment (including emergency outages of equipment or facilities for the purpose of making repairs to avoid breakdown or damage); freezing of gas lines or gas wells; breakdown or damage to gas supply facilities or gas transportation facilities; orders or acts of civil authority which are complied with in good faith; or any other cause, whether or not of the same class or kind specifically enumerated above and whether or not foreseen or foreseeable, which is not reasonably within the control of the party claiming Force Majeure; provided, however, that an adverse change to the expected economic benefits or costs associated with the party's continued performance of its obligations under a Transportation Agreement shall not constitute an event of Force Majeure for either Transporter or Shipper. Orders and acts of civil authority as used herein shall include, without limitation,