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. 161 Original Sheet No. 161 29.5 Limitation on Damages - In all situations arising out of a Transportation Agreement, Transporter and Shipper shall attempt to avoid and minimize the damages resulting from the act or omission of the other party. Notwithstanding anything to the contrary in the Agreement, no party shall be liable to any other party for any lost or prospective profits or any special, punitive, exemplary, consequential, incidental or indirect losses or damages (in tort, contract or otherwise) under or in respect of the Agreement or arising from any failure of performance related hereto howsoever caused. 29.6 Ownership of Pipeline - Unless otherwise agreed, in the event that Transporter at any time during the term of a Transportation Agreement desires to sell its pipeline system, Transporter shall notify Shipper of the full particulars of any bona fide offer received by Transporter that Transporter is willing to accept. Shipper shall have an exclusive first option to purchase the system by providing to Transporter, within thirty (30) Days after receipt of the notice from Transporter, a written offer to purchase the system on the same terms or terms more favorable to Transporter. These rights to purchase shall not extend to the sale, transfer or other disposition of all or substantially all of Transporter's assets, or to a sale or disposition to another party being a wholly-owned subsidiary or entity holding more than fifty- percent (50%) of the stock of Transporter, or by merger, or by way of pledge or hypothecation for purposes of obtaining financing. 29.7 Calculations - The end results of all calculations under a Transportation Agreement shall be rounded to three (3) decimal places. 29.8 Entire Agreement - The Transportation Agreement, Rate Schedules, and the General Terms and Conditions contain the entire agreement of Transporter and Shipper with respect to the matters contained therein. No other agreement, statement, or promise made by any party, or by any employee, officer, or agent of any party, which is not contained in such materials shall be binding or valid.