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. 162 Original Sheet No. 162 Provisions of the Agreement shall be construed as a whole according to their common meaning, and not strictly for or against either Transporter or Shipper. No amendment or modification of the Agreement shall be effective unless in writing and signed by both Transporter and Shipper. 29.9 Modification - No modification of the terms and provisions of a Transportation Agreement shall be made except by the execution of written contracts. 29.10 Non-waiver and Future Default - No waiver by either Transporter or Shipper of anyone or more defaults by the other in the performance of any provisions of any Transportation Agreement shall operate or be construed as a waiver of any future default or defaults, whether of a like or of a different character. 29.11 Schedules and Contract Subject to Regulation - This Tariff shall be subject to all present and future applicable laws, orders, rules and regulations of any duly constituted governmental authority, whether federal, state, or local, having jurisdiction over Transporter and Shipper, their facilities, or any provision of this Tariff including, without limitation, all applicable Federal Energy Regulatory Commission rules and regulations. The Transportation Agreement shall be subject to all present and future applicable laws, orders, rules and regulations of any duly constituted governmental authority, whether federal, state, or local, having jurisdiction over the parties to the Agreement, their facilities, or any provision of the Agreement including, without limitation, all applicable Federal Energy Regulatory Commission rules and regulations. 29.12 Survival - The provisions of any Transportation Agreement shall survive the termination of that Transportation Agreement for so long as is necessary to complete all business transactions outstanding between the parties related to the Transportation Agreement, but in no event beyond two (2) Years after its termination.