Common use of Fees and Consideration Clause in Contracts

Fees and Consideration. A. As full consideration for the services provided by MEA, MarkWest shall pay the following fees and MEA shall make the following deliveries: i. For the transportation of Raw Make by MEA, MarkWest shall pay MEA a Transportation Fee equal to the gallons of Raw Make delivered to MEA at the Receipt Point(s) multiplied by $*. ii. A portion of each of the Transportation Fee shall be subject to annual adjustments. *% of the Transportation Fee, shall be adjusted on an annual basis in proportion to the percentage change, from the preceding year, in the Producer Price Index for oil and Gas field services (SIC 138) as published by the Department of Labor ("PPI"). The adjustment of the Fees shall be made effective January 1 of each year, and shall reflect the percentage change in the PPI as it existed for the immediately preceding January from the PPI for the second immediately preceding January. iii. MEA shall deliver the Raw Make transported for MarkWest to the Redelivery Point. B. During the Primary Term of this Agreement or any extension thereof, MarkWest (i) shall not seek to challenge the level of the Transportation Fee before any regulatory authorities of the federal government or of any state in which the facilities of the Pipeline are located; (ii) shall not seek to invoke the jurisdiction of any such regulatory authorities with regard to the Transportation Fee; and (iii) shall not encourage, assist, or support any *Denotes Confidential Portion Omitted and Filed Separately with the Commission 1 other person in invoking the jurisdiction of any such regulatory authorities with regard to the Transportation Fee.

Fees and Consideration. A. As full consideration for the services provided by MEA, MarkWest shall pay the following fees and MEA shall make the following deliveries: i. For the transportation of Raw Make by MEA, MarkWest shall pay MEA a Transportation Fee equal to the gallons of Raw Make delivered to MEA at the Receipt Point(s) multiplied by $*. ii. A portion of each of the Transportation Fee shall be subject to annual adjustments. *% of the Transportation Fee, shall be adjusted on an annual basis in proportion to the percentage change, from the preceding year, in the Producer Price Index for oil and Gas field services (SIC 138) as published by the Department of Labor ("PPI"). The adjustment of the Fees shall be made effective January 1 of each year, and shall reflect the percentage change in the PPI as it existed for the immediately preceding January from the PPI for the second immediately preceding January. iii. MEA shall deliver the Raw Make transported for MarkWest to the Redelivery Point. B. During the Primary Term of this Agreement or any extension thereof, MarkWest (i) shall not seek to challenge the level of the Transportation Fee before any regulatory authorities of the federal government or of any state in which the facilities of the Pipeline are located; (ii) shall not seek to invoke the jurisdiction of any such regulatory authorities with regard to the Transportation Fee; and (iii) shall not encourage, assist, or support any *Denotes Confidential Portion Omitted and Filed Separately with the Commission 1 other person in invoking the jurisdiction of any such regulatory authorities with regard to the Transportation Fee.

Fees and Consideration. A. As full consideration for the services provided by MEA, MarkWest shall pay the following fees and MEA shall make the following deliveries: i. For the transportation of Raw Make by MEA, MarkWest shall pay MEA a Transportation Fee equal to the gallons of Raw Make delivered to MEA at the Receipt Point(s) multiplied by $*. ii. A portion of each of the Transportation Fee shall be subject to annual adjustments. *% of the Transportation Fee, shall be adjusted on an annual basis in proportion to the percentage change, from the preceding year, in the Producer Price Index for oil and Gas field services (SIC 138) as published by the Department of Labor ("PPI"). The adjustment of the Fees shall be made effective January 1 of each year, and shall reflect the percentage change in the PPI as it existed for the immediately preceding January from the PPI for the second immediately preceding January. iii. MEA shall deliver the Raw Make transported for MarkWest to the Redelivery Point. B. During the Primary Term of this Agreement or any extension thereof, MarkWest (i) shall not seek to challenge the level of the Transportation Fee before any regulatory *Denotes Confidential Portion Omitted and Filed Separately with the Commission authorities of the federal government or of any state in which the facilities of the Pipeline are located; (ii) shall not seek to invoke the jurisdiction of any such regulatory authorities with regard to the Transportation Fee; and (iii) shall not encourage, assist, or support any *Denotes Confidential Portion Omitted and Filed Separately with the Commission 1 other person in invoking the jurisdiction of any such regulatory authorities with regard to the Transportation Fee.