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. 128 Original Sheet No. 128 provide updated information concerning the need for the OFO and will issue a notice informing Shipper(s) when any OFO in effect will be canceled.13. NEGOTIATED RATES 13.1 Notwithstanding anything to the contrary contained in this Tariff, Transporter and Shipper may negotiate a rate for service under any Rate Schedule contained in this Tariff. Transporter's maximum Rate Schedule FT rate as shown on Sheet No. 6, Transporter's Statement of Rates and Charges ("Recourse Rate") is available for any Shipper that does not desire to negotiate a rate with Transporter. 13.2 A Negotiated Rate shall mean a rate for service, which may be less than, equal to or greater than Transporter's maximum Reservation Charge, if applicable, or Commodity Charge, as stated on Transporter's Statement of Rates and Charges for that service, shall not be less than the minimum rate, may be based on a rate design other than Straight Fixed Variable ("SFV"), and may include a minimum quantity. With respect to a Negotiated Rate which, when calculated on a 100% load factor basis, exceeds Transporter's maximum allocation of receipts and deliveries pursuant to Section 7, Shippers who have agreed to pay said Negotiated Rate would be considered to have paid the maximum Recourse Rate. For purposes of exercising rights to continue service pursuant to Section 22, the highest rate that a Shipper must match if it desires to retain all or a portion of its capacity and continue to receive firm service under the same Rate Schedule beyond the expiration date of such Firm Transportation Agreement is the maximum rate applicable to such service. 13.3 On or before the date service commences, Transporter will submit to the Commission Tariff Sheet No. 201 stating the exact legal name of the Shipper, the negotiated rate, the rate schedule, the Receipt Point(s), Delivery Point(s) and TQ. Unless Transporter executes and files a non-conforming Agreement, such tariff sheet will contain a statement that the negotiated rate Agreement does