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. 153 Original Sheet No. 153 (b) Receipt and Delivery Points; (c) Maximum reservation charge; (d) Any applicable restrictions; and (e) The last day of the ROFR Bidding Period. Transporter may require bidders to insure that offers are bona fide by providing financial assurances satisfactory to Transporter. A Shipper's ROFR rights apply only when the Shipper is seeking to contract for its entire geographic historical Transportation Quantity, however a Shipper may elect to retain a portion of its Transportation Quantity subject to ROFR rights, in which case Transporter's pregranted abandonment authority would apply to the remainder of the service. 22.2 Upon conclusion of the ROFR Bidding Period, Transporter shall evaluate the bids in accordance with the procedures set forth in section 20, provided that the term used for purposes of the formula will be the lesser of the term proposed by the bidder or five years; and provided further that any bid rate higher than the maximum applicable recourse rate shall be deemed to be equal to the maximum applicable recourse rate. Transporter shall not be required to accept any bid at less than Transporter's maximum applicable recourse rate. 22.3 If Transporter receives no bids, or if Transporter receives no bids at its maximum applicable recourse rate and Transporter determines not to accept any bids below the maximum applicable recourse rate, Transporter shall notify Shipper of the bid having the highest value to Transporter ("Highest Bid"), or that no bids were received. If Transporter receives a bid at its maximum applicable recourse rate, or if it accepts any bid below the