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. 159 Original Sheet No. 159 The board so constituted shall meet within ten (10) Days after the identity of the third arbitrator is determined, at which time the board shall set a reasonable schedule so that the parties may submit evidence and argument as they may see fit and be represented by counsel. The action of a majority of the members of the board shall govern and, unless otherwise agreed by both parties or otherwise set forth in any Agreement, their decision shall be rendered within seventy-two (72) hours from the conclusion of submission of the evidence, shall be in writing, and shall be final and binding on the parties. Each party shall pay the expense of the arbitrator selected by it and its own attorney's fees and costs associated with preparation of its case. All other costs of the arbitration shall be divided between the parties according to a method mutually agreed to by them at the outset of the arbitration proceeding and, failing such agreement, according to the decision of a majority of the members of the arbitration board, which shall likewise be final and binding on the parties. Without regard to any terms of any Agreement which may appear to be in conflict with this Section 28, neither party shall be entitled to recovery or reimbursement of costs incurred. Procedures not specified in the Agreement are established by the provisions of the Texas General Arbitration Act.29. MISCELLANEOUS 29.1 Audit - Shipper and Transporter shall maintain books and records relating to their operation and performance under a Transportation Agreement in order that the provisions of the Agreement can adequately be administered. Shipper and Transporter shall have the right, during the term of such Agreement and within a two-Year period following its expiration, to enter upon the premises of the other party at reasonable times for the purposes of examining and auditing all books and records relating directly to performance under the Agreement. Audits shall be conducted at the sole expense of the party conducting the audit. Such party shall furnish the other party a report stating the results of any audit and the basis of those results. If any such report discloses that any error has occurred and that, as a result, an overpayment or an