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. 203 Original Sheet No. 203 2.2 Shipper and Transporter agree to avail themselves of the FERC's pre-granted abandonment authority upon termination of this Agreement, subject to any right of first refusal Shipper may have under the FERC's rules and regulations and Transporter's Tariff. ARTICLE III RATES AND CHARGES, RATE SCHEDULE AND GENERAL TERMS AND CONDITIONS 3.1 Shipper agrees to and will pay Transporter all applicable maximum rates and charges provided for in Rate Schedule ___ and the GT&C, as effective from time to time, for service under this Service Agreement, unless service is rendered hereunder at discounted rates, or negotiated rates under Section 13 of the GT&C, in which event the rates and charges that Shipper shall pay Transporter are those agreed to and set forth in Article VIII of this Agreement. 3.2 All of the GT&C and provisions of Rate Schedule _____ shall be applicable to service hereunder and shall be made a part hereof. 3.3 Unless otherwise agreed, Shipper agrees that Transporter shall have the unilateral right to file with the appropriate regulatory authority and make changes effective in: (i) the rates and charges applicable to Transporter's Rate Schedule ___; (ii) the terms and conditions of service pursuant to which service hereunder is rendered; and/or (iii) any provision of the GT&C applicable to service hereunder. Transporter agrees that Shipper may protest or contest any such filings or may seek authorization from duly constituted regulatory authorities for such adjustments of Transporter's Tariff as may be necessary to ensure that the provisions in (i), (ii), or (iii) above are consistent with regulatory law and policy. ARTICLE IV RESERVATIONS Transporter shall have the right to take actions as may be required to preserve the integrity of Transporter's pipeline facilities, including maintenance that may affect Shippers firm transportation. ARTICLE V GOVERNMENTAL AUTHORIZATIONS It is hereby agreed that transportation service under this Agreement shall be implemented pursuant to applicable authorizations of the FERC.