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. 147 Original Sheet No. 147 relieve Transporter of its duties and obligations under such Agreement, and it shall remain principally liable to Shipper for the performance thereof. Likewise, prior written consent shall not be required to employ third parties to perform services incidental to the performance of any Agreement, but no such employment shall relieve Transporter of its ultimate responsibility to perform the Agreement. Except as provided herein, Shipper shall not assign its rights or delegate any of its duties under a Transportation Agreement as may exist between Transporter and Shipper without prior written consent of Transporter, which consent shall not be unreasonably withheld, and any attempted assignment or delegation by Shipper without the prior written consent of Transporter shall be void; provided, however, that Shipper may, upon reasonable notice to Transporter as provided in Section 16 above, assign its rights or delegate its duties under such Agreement, in whole or in part, to any affiliate of Shipper or any subsequent purchaser(s) of any electric generating plants served by an Agreement, without the necessity of obtaining consent from Transporter. Unless a release is consented to by Transporter, no assignment by Shipper shall relieve Shipper of its duties and obligations under such Agreement, and it shall remain principally liable to Transporter for the performance thereof. Likewise, prior written consent shall not be required to employ third parties to perform services incidental to the performance of any Agreement, but no such employment shall relieve Shipper of its ultimate responsibility to perform the Agreement. 21. REQUESTS FOR SERVICE Subject to any conditions set forth in the applicable Rate Schedules, this section shall govern qualifications for receipt of service under Rate Schedules FT and IT.