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. 152 Original Sheet No. 152 Shipper elects to provide an irrevocable standby letter of credit or pre-payment, the completed credit application, and financial statement requirement is waived by Transporter. Transporter shall have the right to review a Shipper's creditworthiness on an ongoing basis and Shipper shall provide, upon Transporter's request, updated financial statements periodically in order to determine the continuing creditworthiness of a Shipper. (e) Transporter shall also consider the Shipper's past payment record with Transporter. Specifically, if Shipper is current with its payments to Transporter, and has not been delinquent in paying bills to Transporter over the past twelve (12) months (with good faith billing disputes excepted), the Shipper shall be deemed to have met the creditworthiness standard with respect to its existing transportation and storage contracts with Transporter. Shipper's past payment record with Transporter and other pipelines shall also be considered in establishing creditworthiness requirements for new transportation and storage contracts on Transporter.22. RIGHT OF FIRST REFUSAL 22.1 If a Firm Transportation Agreement at the maximum recourse rate for a term of twelve (12) or more consecutive months of service contains no automatic extension provision, Shipper shall be entitled to a right of first refusal ("ROFR") to the renewal of its Transportation Quantity in accordance with the following procedures. Transporter shall post the capacity for bidding on its Web Site no later than 180 days prior to the expiration of Shipper's Firm Transportation Agreement. The capacity will remain posted on the Web Site for a minimum of 20 days ("ROFR Bidding Period"), with such posting containing the following information with respect to the capacity: (a) Daily Transportation Quantity;