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. 158 Original Sheet No. 15827. CHANGES IN RATES OR GENERAL TERMS AND CONDITIONS Unless otherwise agreed, Transporter may, from time to time propose and file with FERC, in accordance with Section 4 of the Natural Gas Act, changes, amendments, revisions, and modifications to (a) Transporter's rates and rate schedules, and/or (b) the General Terms and Conditions of Transporter's tariff, provided, however, that unless they have otherwise agreed, Shippers shall have the right to intervene in and/or protest any such changes before FERC (or any successor governmental agency) or other authorities and to exercise any other rights that Shippers may have with respect thereto.28. ARBITRATION Any controversy arising out of or relating to any Agreement, if not resolved by the parties, may, by mutual agreement, be submitted to arbitration under the provisions of the Texas General Arbitration Act, Tex. Civ. Prac. & Rem. Code Section 171.001, et seq., as it may be amended from time to time and as modified by any Agreement. When the parties agree to arbitration, the controversy shall be determined by a board of three arbitrators to be selected as follows: either party may, at the time a board of arbitration is desired, notify the other of the name of any arbitrator of its choosing, and the other party shall, within ten (10) Days, notify the party desiring arbitration of the name of its arbitrator. The two arbitrators shall, within ten (10) Days after the notification of the identity of the second arbitrator, choose the third arbitrator. If they are unable to agree, the parties shall make application within two (2) Days to the Senior Judge of the United States District Court for the Northern District of Texas, who (acting in an individual and not official capacity) shall appoint the third arbitrator. All arbitrators appointed pursuant to this Section 28 shall be third-party individuals qualified by education, knowledge, and experience to pass on the matters submitted for arbitration and shall not be employed by nor regularly receive remuneration from either party other than for arbitration services.