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. 144 Original Sheet No. 144 Conditions of this Tariff including the right to release firm capacity pursuant to this Section unless the conditions prescribed by the Shipper Notice require otherwise. Transporter shall allow re-releases on the same terms and basis as the primary release (except as prohibited by the Commission's regulations). (e) Replacement Shipper shall have no Right of First Refusal with respect to the released capacity, unless such release is permanent. 20.7 Rights and Obligations of Transporter (a) Transporter shall determine the best bid based upon the best bid criteria. Transporter shall have the right, but not the obligation, to reject, in whole or in part, the terms of any Shipper Notice or bid which is discriminatory or conflicts with any order or regulation issued by the FERC, or provision of the Transportation Agreement, Rate Schedule or General Terms and Conditions. Such Shipper Notice shall be rejected in its entirety unless Shipper permits a partial rejection. Transporter shall provide notification to Shipper, through the Web Site, of the reason(s) for rejecting a release notice with the notice of rejection. (b) Transporter shall not have any liability to any Shipper, Releasing Shipper, Replacement Shipper, bidder or any other party as a result of Transporter's performance of its obligations under its capacity release program, and such Shippers, Releasing Shippers, Replacement Shippers, and bidders shall indemnify Transporter from and against any and all losses, damages, expenses, claims, suits, actions and proceedings whatsoever threatened, incurred or initiated as a result of Transporter's performance hereunder, except to the extent such loss, damage, expense, claim, suit, action or proceeding is the result of Transporter's gross negligence, undue discrimination or willful misconduct, provided that Transporter shall be responsible for direct damages, if any, resulting from Transporter's own negligence.