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. 154 Original Sheet No. 154 maximum applicable recourse rate, Transporter shall, within five days of the close of the ROFR Bidding Period, inform Shipper of the offer to purchase capacity solicited pursuant to section 20 herein that Transporter intends to accept. Shipper shall have twenty-five (25) days after receiving notice to notify Transporter as to whether it will match the Highest Bid in terms of price, quantity and duration. If the Shipper elects to match the Highest Bid, it must execute a new Transportation Agreement that contains the terms of the Highest Bid; provided, however, that Shipper shall not be required to pay any rate higher than the maximum applicable recourse rate. If the Shipper fails to match the offer presented by Transporter, Transporter shall enter into a Firm Transportation Agreement with the Person submitting the competing offer. 22.4 If Transporter receives no bids at the maximum applicable recourse rate and Transporter refuses to accept a lower bid, Transporter may abandon service to Shipper, unless Shipper agrees to pay the maximum applicable recourse rate for a period of one year, or if Transporter and Shipper negotiate the terms and conditions of a Firm Transportation Agreement extension.23. CREDITING OF PENALTIES Penalties Net of Out-of-Pocket Costs - Transporter will flow through to its Shippers the amount of all out-of-pocket costs incurred and collected as a direct result of the Shipper conduct that was penalized pursuant to sections 8.1(b) and 8.3 of the GT&C. Transporter will net all revenues received pursuant to those sections against the costs incurred for such revenues. Transporter will credit the net amount to those Shippers that were not billed pursuant to those sections during the applicable Month.24. INCORPORATION IN RATE SCHEDULES AND TRANSPORTATION AGREEMENTS These General Terms and Conditions are incorporated in and are made a part of Transporter's Rate Schedules and Transportation Agreements. To the extent there is any inconsistency between terms in these General Terms and Conditions and terms in Transporter's Rate Schedules or Transportation Agreements, these General Terms and Conditions shall govern.