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. 160 Original Sheet No. 160 underpayment has been made, and if the other party disagrees with the report, both parties shall cooperate in an attempt to resolve any differences regarding the report. If any difference regarding an audit report is not resolved within thirty (30) Days following delivery of that report, Shipper and Transporter may, by mutual agreement, submit the controversy to arbitration, and failing such agreement, may use any legal means at their disposal to resolve the dispute. The amount of the underpayment or overpayment, as the case may be, shall promptly be paid to the party to whom it is owed by the other party upon final resolution of any difference. 29.2 Governing Laws - Any Transportation Agreement made pursuant to Transporter's Rates Schedules shall be construed under and in accordance with the substantive laws of the State of New Mexico, except any provision of such laws that requires the application of the laws of another state. 29.3 Government Contract Clauses - To the extent applicable, Transporter shall be bound by any government contract clauses that are incorporated into a Transportation Agreement, and any other clauses which Shipper has notified Transporter are required by governmental statutes, rules or regulations to be included in a Transportation Agreement. No Transportation Agreement shall be interpreted to require Transporter to be bound by the provisions of any law unless that law itself provides for applicability to Transporter. 29.4 Cumulative Remedies - Pursuit, by either Transporter or Shipper, of any remedy available under this Tariff or any Transportation Agreement as may exist between Transporter and Shipper, shall not constitute a waiver of any other remedy that may be available. No waiver of any event of default or other breach of an Agreement shall be deemed or construed to constitute a waiver of any subsequent occurrence of the same event of default or breach of the same provision of the Agreement.