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. 157 Original Sheet No. 157 be delivered to Shipper under the Transportation Agreement, multiplied by the Negotiated Rate, if any, under the Transportation Agreement. 26.3 Termination by Shipper - Upon the occurrence of an Event of Default by Transporter under a Transportation Agreement ("Agreement"), Shipper may terminate the Agreement upon ten (10) additional Days' prior written notice to Transporter. Except as otherwise provided in the Agreement, upon termination by Shipper, Shipper shall pay to Transporter all payments owed to Transporter for gas that flowed prior to termination. In addition, Transporter and Shipper may agree to a termination payment to be paid by Transporter, which shall be equal to the difference between the Negotiated Rate, if any, and the next highest rate that Shipper would be required to pay for equivalent capacity and service from another transportation service provider, multiplied by the quantity remaining to be delivered to Shipper under the Transportation Agreement. 26.4 Accounting Upon Termination - Any termination of a Transportation Agreement pursuant to the provisions of Sections 26.2 or 26.3 will be without prejudice to the right of either Transporter or Shipper to collect any amounts then due to it, to offset amounts owed to it by the other party from such amounts due to the other party, and will be without prejudice to the right of Shipper to receive any Gas that has been delivered to Transporter at the Receipt Point(s) but which Transporter has not yet redelivered to the Delivery Point(s), subject, however, to the payment of the applicable charge set forth in the terminated Transportation Agreement for such transportation and resolution of any applicable Gas imbalances, and without waiver of any remedy to which the party not in default may be entitled as a result of the defaulting party's default, breach or violation of the terms of the terminated Transportation Agreement. 26.5 Remedies - In the event of termination by either Transporter or Shipper under GT&C Sections 26.2 or 26.3, in addition to the remedies set forth in those Sections, the parties shall have such other rights and remedies as may exist at law or in equity.