Common use of Interpretation and Survival of Provisions Clause in Contracts

Interpretation and Survival of Provisions. Article, Section, Schedule, and Exhibit references are to this Agreement, unless otherwise specified. All references to instruments, documents, contracts, and agreements are references to such instruments, documents, contracts, and agreements as the same may be amended, supplemented, and otherwise modified from time to time, unless otherwise specified. All references to a party in this Agreement shall include such party’s successors and permitted assigns. The word “including” shall mean “including but not limited to.” The terms “will” and “shall” shall be interpreted to have the same meaning. Words in the singular form will be construed to include the plural and vice versa, unless the context otherwise requires. The section headings contained in this Agreement are inserted for convenience only and will not affect in any way the meaning or interpretation of this Agreement. Whenever MarkWest has an obligation under the Basic Documents, the expense of complying with that obligation shall be an expense of MarkWest unless otherwise specified. Whenever any determination, consent, or approval is to be made or given by a Purchaser, such action shall be in such Purchaser’s sole discretion unless otherwise specified in this Agreement. If any provision in the Basic Documents is held to be illegal, invalid, not binding, or unenforceable, such provision shall be fully severable and the Basic Documents shall be construed and enforced as if such illegal, invalid, not binding, or unenforceable provision had never comprised a part of the Basic Documents, and the remaining provisions shall remain in full force and effect. The Basic Documents have been reviewed and negotiated by sophisticated parties with access to legal counsel and shall not be construed against the drafter. The representations and warranties set forth in Sections 3.01, 3.02, 3.06, 3.07, 3.08, 3.12, 3.13, 4.01, 4.02, 4.03, 4.04, 4.05, 4.06, 4.07 and 4.09 hereunder shall survive the execution and delivery of this Agreement indefinitely, and the other representations and warranties set forth herein shall survive for a period of twelve (12) months following the Closing Date regardless of any investigation made by or on behalf of MarkWest or each of the Purchasers. The covenants made in this Agreement or any other Basic Document shall survive the Closing of the transactions described herein and remain operative and in full force and effect regardless of acceptance of any of the Purchased Units and payment therefor and repayment or repurchase thereof. All indemnification obligations of MarkWest and the provisions of Section 5.02 shall remain operative and in full force and effect unless such obligations are expressly terminated in a writing referencing that individual Section, regardless of any purported general termination of this Agreement.

Interpretation and Survival of Provisions. Article, Section, Schedule, and Exhibit references are to this Agreement, unless otherwise specified. All references to instruments, documents, contracts, and agreements are references to such instruments, documents, contracts, and agreements as the same may be amended, supplemented, and otherwise modified from time to time, unless otherwise specified. All references to a party in this Agreement shall include such party’s successors and permitted assigns. The word “"including” " shall mean “"including but not limited to.” The terms “will” and “shall” shall be interpreted to have " Whenever the same meaning. Words in the singular form will be construed to include the plural and vice versa, unless the context otherwise requires. The section headings contained in this Agreement are inserted for convenience only and will not affect in any way the meaning or interpretation of this Agreement. Whenever MarkWest Seller has an obligation under the Basic Documents, the expense of complying with that obligation shall be an expense of MarkWest the Seller unless otherwise specified. Whenever any determination, consent, or approval is to be made or given by a Purchaserthe Purchasers, any holder of the Warrants or the Acquired Shares, such action shall be in such Purchaser’s Person's sole discretion unless otherwise specified in this Agreement. If any provision in the Basic Documents is held to be illegal, invalid, not binding, or unenforceable, such provision shall be fully severable and the Basic Documents shall be construed and enforced as if such illegal, invalid, not binding, or unenforceable provision had never comprised a part of the Basic Documents, and the remaining provisions shall remain in full force and effect. The Basic Documents have been reviewed and negotiated by sophisticated parties with access to legal counsel and shall not be construed against the drafter. The representations and warranties set forth in Sections 3.01representations, 3.02, 3.06, 3.07, 3.08, 3.12, 3.13, 4.01, 4.02, 4.03, 4.04, 4.05, 4.06, 4.07 and 4.09 hereunder shall survive the execution and delivery of this Agreement indefinitelywarranties, and the other representations and warranties set forth herein shall survive for a period of twelve (12) months following the Closing Date regardless of any investigation made by or on behalf of MarkWest or each of the Purchasers. The covenants made in this Agreement Agreement, the Notes or any other Basic Document shall survive the Closing of the transactions described herein and remain operative and in full force and effect regardless of (a) any investigation made by or on behalf of the Seller or the Purchasers or (b) acceptance of any of the Purchased Units Securities and payment therefor and repayment or repurchase thereof. All indemnification obligations of MarkWest the Seller and the provisions of Section 5.02 12.02 shall remain operative and in full force and effect unless such obligations are expressly terminated in a writing referencing that those individual SectionSections, regardless of any purported general termination of this Agreement.

Interpretation and Survival of Provisions. Article, Section, Schedule, and Exhibit references are to this Agreement, unless otherwise specified. All references to instruments, documents, contracts, and agreements are references to such instruments, documents, contracts, and agreements as the same may be amended, supplemented, and otherwise modified from time to time, unless otherwise specified. All references to a party in this Agreement shall include such party’s successors and permitted assigns. The word “"including” " shall mean “"including but not limited to.” The terms “will” and “shall” shall be interpreted to have " Whenever the same meaning. Words in the singular form will be construed to include the plural and vice versa, unless the context otherwise requires. The section headings contained in this Agreement are inserted for convenience only and will not affect in any way the meaning or interpretation of this Agreement. Whenever MarkWest Company has an obligation under the Basic Documents, the expense of complying with that obligation shall be an expense of MarkWest the Company unless otherwise specified. Whenever any determination, consent, or approval is to be made or given by a Purchaser, such action shall be in such Purchaser’s 's sole discretion unless otherwise specified in this Agreement. If any provision in the Basic Documents is held to be illegal, invalid, not binding, or unenforceable, such provision shall be fully severable and the Basic Documents shall be construed and enforced as if such illegal, invalid, not binding, or unenforceable provision had never comprised a part of the Basic Documents, and the remaining provisions shall remain in full force and effect. The Basic Documents have been reviewed and negotiated by sophisticated parties with access to legal counsel and shall not be construed against the drafter. The representations representation and warranties set forth in Sections 3.01, 3.02, 3.06, 3.07, 3.08, 3.12, 3.13, 4.01, 4.02, 4.03, 4.04, 4.05, 4.06, 4.07 and 4.09 hereunder shall survive for the execution and delivery applicable two-year periods identified in the first paragraph of this Agreement indefinitelyArticle III above, and the other representations and warranties set forth herein shall survive for a period of twelve (12) months following the Closing Date regardless of any investigation made by or on behalf of MarkWest or each of the Purchasers. The covenants made in this Agreement Agreement, or any other Basic Document shall survive the Closing closing of the transactions described herein and remain operative and in full force and effect regardless of (a) any investigation made by or on behalf of the Company or Purchaser or (b) acceptance of any of the Purchased Units Securities and payment therefor and repayment or repurchase thereof. All indemnification obligations of MarkWest the Company and the provisions of Section 5.02 7.02 shall remain operative and in full force and effect unless such obligations are expressly terminated in a writing referencing that those individual SectionSections, regardless of any purported general termination of this Agreement.

Interpretation and Survival of Provisions. Article, Section, Schedule, and Exhibit references are to this Agreement, unless otherwise specified. All references to instruments, documents, contracts, and agreements are references to such instruments, documents, contracts, and agreements as the same may be amended, supplemented, and otherwise modified from time to time, unless otherwise specified. All references to a party in this Agreement shall include such party’s successors and permitted assigns. The word “including” shall mean “including but not limited to.” The terms “will” and “shall” shall be interpreted to have the same meaning. Words in the singular form will be construed to include the plural and vice versa, unless the context otherwise requires. The section headings contained in this Agreement are inserted for convenience only and will not affect in any way the meaning or interpretation of this Agreement. Whenever MarkWest has an obligation under the Basic Documents, the expense of complying with that obligation shall be an expense of MarkWest unless otherwise specified. Whenever any determination, consent, or approval is to be made or given by a Purchaser, such action shall be in such Purchaser’s sole discretion unless otherwise specified in this Agreement. If any provision in the Basic Documents is held to be illegal, invalid, not binding, or unenforceable, such provision shall be fully severable and the Basic Documents shall be construed and enforced as if such illegal, invalid, not binding, or unenforceable provision had never comprised a part of the Basic Documents, and the remaining provisions shall remain in full force and effect. The Basic Documents have been reviewed and negotiated by sophisticated parties with access to legal counsel and shall not be construed against the drafter. The representations and warranties set forth in Sections 3.01, 3.02, 3.06, 3.07, 3.08, 3.12, 3.13, 4.01, 4.02, 4.03, 4.04, 4.05, 4.06, 4.07 and 4.09 hereunder shall survive the execution and delivery of this Agreement indefinitely, and the other representations and warranties set forth herein shall survive for a period of twelve (12) months following the Closing Date regardless of any investigation made by or on behalf of MarkWest or each of the Purchasers. The covenants made in this Agreement or any other Basic Document shall survive the Closing of the transactions described herein and remain operative and in full force and effect regardless of acceptance of any of the Purchased Units and payment therefor and repayment or repurchase thereof. All indemnification obligations of MarkWest and the provisions of Section 5.02 6.02 shall remain operative and in full force and effect unless such obligations are expressly terminated in a writing executed by all the parties to this Agreement referencing that individual Section, regardless of any purported general termination of this Agreement.

Interpretation and Survival of Provisions. Article, Section, Schedule, and Exhibit references are to this Agreement, unless otherwise specified. All references to instruments, documents, contracts, and agreements are references to such instruments, documents, contracts, and agreements as the same may be amended, supplemented, and otherwise modified from time to time, unless otherwise specified. All references to a party in this Agreement shall include such party’s successors and permitted assigns. The word “including” shall mean “including but not limited to.” The terms “will” and “shall” shall be interpreted to have the same meaning. Words in the singular form will be construed to include the plural and vice versa, unless the context otherwise requires. The section headings contained in this Agreement are inserted for convenience only and will not affect in any way the meaning or interpretation of this Agreement. Whenever MarkWest has an obligation under the Basic Documents, the expense of complying with that obligation shall be an expense of MarkWest unless otherwise specified. Whenever any determination, consent, or approval is to be made or given by a Purchaser, such action shall be in such Purchaser’s sole discretion unless otherwise specified in this Agreement. If any provision in the Basic Documents is held to be illegal, invalid, not binding, or unenforceable, such provision shall be fully severable and the Basic Documents shall be construed and enforced as if such illegal, invalid, not binding, or unenforceable provision had never comprised a part of the Basic Documents, and the remaining provisions shall remain in full force and effect. The Basic Documents have been reviewed and negotiated by sophisticated parties with access to legal counsel and shall not be construed against the drafter. The representations and warranties set forth in Sections 3.01, 3.02, 3.06, 3.07, 3.08, 3.12, 3.13, 4.01, 4.02, 4.03, 4.04, 4.05, 4.06, 4.07 and 4.09 hereunder shall survive the execution and delivery of this Agreement indefinitely, and the other representations and warranties set forth herein shall survive for a period of twelve (12) months following the Closing Date regardless of any investigation made by or on behalf of MarkWest or each of the Purchasers. The covenants made in this Agreement or any other Basic Document shall survive the Closing of the transactions described herein and remain operative and in full force and effect regardless of acceptance of any of the Purchased Units and payment therefor and repayment or repurchase thereof. All indemnification obligations of MarkWest and the provisions of Section 5.02 shall remain operative and in full force and effect unless such obligations are expressly terminated in a writing executed by all the parties to this Agreement referencing that individual Section, regardless of any purported general termination of this Agreement.

Interpretation and Survival of Provisions. Article, Section, Schedule, and Exhibit references are to this AgreementIndenture, unless otherwise specified. All references to instruments, documents, contracts, and agreements are references to such instruments, documents, contracts, and agreements as the same may be amended, supplemented, and otherwise modified from time to time, unless otherwise specified. All references to a party in this Agreement shall include such party’s successors and permitted assigns. The word “"including” " shall mean “"including but not limited to.” The terms “will” and “shall” shall be interpreted to have " Whenever the same meaning. Words in the singular form will be construed to include the plural and vice versa, unless the context otherwise requires. The section headings contained in this Agreement are inserted for convenience only and will not affect in any way the meaning or interpretation of this Agreement. Whenever MarkWest Borrower has an obligation under the Basic Documents, the expense of complying with that obligation shall be an expense of MarkWest the Borrower unless otherwise specified. Whenever any determination, consent, or approval is to be made or given by a Purchaserthe Noteholders, such action shall be in such Purchaser’s the Noteholders' sole discretion unless otherwise specified in this AgreementIndenture. If any provision in the Basic Documents is held to be illegal, invalid, not binding, or unenforceable, such provision shall be fully severable and the Basic Documents shall be construed and enforced as if such illegal, invalid, not binding, or unenforceable provision had never comprised a part of the Basic Documents, and the remaining provisions shall remain in full force and effect. The Basic Documents have been reviewed and negotiated by sophisticated parties with access to legal counsel and shall not be construed against the drafter. The representations and warranties set forth in Sections 3.01representations, 3.02, 3.06, 3.07, 3.08, 3.12, 3.13, 4.01, 4.02, 4.03, 4.04, 4.05, 4.06, 4.07 and 4.09 hereunder shall survive the execution and delivery of this Agreement indefinitelywarranties, and the other representations and warranties set forth herein shall survive for a period of twelve (12) months following the Closing Date regardless of any investigation made by or on behalf of MarkWest or each of the Purchasers. The covenants made in this Agreement Indenture, the Notes or any other Basic Document shall survive the Closing of the transactions described herein and remain operative and in full force and effect regardless of (a) any investigation made by or on behalf of the Borrower or the Noteholders or (b) acceptance of any of the Purchased Units Notes and payment therefor and repayment or repurchase thereof. All indemnification obligations of MarkWest the Borrower and the provisions of Section 5.02 13.02 shall remain operative and in full force and effect unless such obligations are expressly terminated in a writing referencing that those individual SectionSections, regardless of any purported general termination of this AgreementIndenture or any other Basic Document.

Interpretation and Survival of Provisions. Article, Section, Schedule, and Exhibit references are to this Agreement, unless otherwise specified. All references to instruments, documents, contracts, and agreements are references to such instruments, documents, contracts, and agreements as the same may be amended, supplemented, and otherwise modified from time to time, unless otherwise specified. All references to a party in this Agreement shall include such party’s successors and permitted assigns. The word “"including” " shall mean “"including but not limited to.” The terms “will” and “shall” shall be interpreted to have the same meaning. Words in the singular form will be construed to include the plural and vice versa, unless the context otherwise requires. The section headings contained in this Agreement are inserted for convenience only and will not affect in any way the meaning or interpretation of this Agreement. " Whenever MarkWest PAA has an obligation under the Basic Documents, the expense of complying with that obligation shall be an expense of MarkWest PAA unless otherwise specified. Whenever any determination, consent, or approval is to be made or given by a Purchaser, such action shall be in such Purchaser’s 's sole discretion unless otherwise specified in this Agreement. If any provision in the Basic Documents or the Amendment is held to be illegal, invalid, not binding, or unenforceable, such provision shall be fully severable and the Basic Documents shall be construed and enforced as if such illegal, invalid, not binding, or unenforceable provision had never comprised a part of the Basic Documents, and the remaining provisions shall remain in full force and effect. The Basic Documents have been reviewed and negotiated by sophisticated parties with access to legal counsel and shall not be construed against the drafter. The representations and warranties set forth in Sections 3.01, 3.02, 3.06, 3.07, 3.08, 3.12, 3.13, 4.01, 4.02, 4.03, 4.04, 4.05, 4.06, 4.07 and 4.09 hereunder shall survive the execution and delivery of this Agreement indefinitely, and the other representations and warranties set forth herein shall survive for a period of twelve (12) months following the Closing Date regardless of any investigation made by or on behalf of MarkWest PAA or each of the Purchasers. The covenants made in this Agreement or any other Basic Document shall survive the Closing closing of the transactions described herein and remain operative and in full force and effect regardless of acceptance of any of the Purchased Units and payment therefor and repayment repayment, conversion, exercise or repurchase thereof. All indemnification obligations of MarkWest PAA and the provisions of Section 5.02 shall remain operative and in full force and effect unless such obligations are expressly terminated in a writing referencing that individual Section, regardless of any purported general termination of this Agreement.

Interpretation and Survival of Provisions. Article, Section, Schedule, and Exhibit references are to this Agreement, unless otherwise specified. All references to instruments, documents, contracts, and agreements are references to such instruments, documents, contracts, and agreements as the same may be amended, supplemented, and otherwise modified from time to time, unless otherwise specified. All references to a party in this Agreement shall include such party’s successors and permitted assigns. The word “"including” " shall mean “"including but not limited to.” The terms “will” and “shall” shall be interpreted to have " Whenever the same meaning. Words in the singular form will be construed to include the plural and vice versa, unless the context otherwise requires. The section headings contained in this Agreement are inserted for convenience only and will not affect in any way the meaning or interpretation of this Agreement. Whenever MarkWest Company has an obligation under the Basic Documents, the expense of complying with that obligation shall be an expense of MarkWest the Company unless otherwise specified. Whenever any determination, consent, or approval is to be made or given by a Purchaser, such action shall be in such Purchaser’s 's sole discretion unless otherwise specified in this Agreement. If any provision in the Basic Documents is held to be illegal, invalid, not binding, or unenforceable, such provision shall be fully severable and the Basic Documents shall be construed and enforced as if such illegal, invalid, not binding, or unenforceable provision had never comprised a part of the Basic Documents, and the remaining provisions shall remain in full force and effect. The Basic Documents have been reviewed and negotiated by sophisticated parties with access to legal counsel and shall not be construed against the drafter. The representations and warranties set forth in Sections 3.01, 3.02, 3.06, 3.07, 3.08, 3.12, 3.13, 4.01, 4.02, 4.03, 4.04, 4.05, 4.06, 4.07 and 4.09 hereunder shall survive for the execution applicable one-year period identified in the first paragraph of Article III and delivery of this Agreement indefinitelyArticle IV above, and the other representations and warranties set forth herein shall survive for a period of twelve (12) months following the Closing Date regardless of any investigation made by or on behalf of MarkWest or each of the Purchasers. The covenants made in this Agreement or any other Basic Document shall survive the Closing closing of the transactions described herein and remain operative and in full force and effect regardless of (a) any investigation made by or on behalf of the Company or Purchaser or (b) acceptance of any of the Purchased Units and payment therefor and repayment repayment, conversion, exercise or repurchase thereof. All indemnification obligations of MarkWest the Company and the provisions of Section 5.02 7.02 shall remain operative and in full force and effect unless such obligations are expressly terminated in a writing referencing that individual Section, regardless of any purported general termination of this Agreement.

Interpretation and Survival of Provisions. Article, Section, Schedule, and Exhibit references are to this Agreement, unless otherwise specified. All references to instruments, documents, contracts, and agreements are references to such instruments, documents, contracts, and agreements as the same may be amended, supplemented, and otherwise modified from time to time, unless otherwise specified. All references to a party in this Agreement shall include such party’s successors and permitted assigns. The word “"including” " shall mean “"including but not limited to.” The terms “will” and “shall” shall be interpreted to have " Whenever the same meaning. Words in the singular form will be construed to include the plural and vice versa, unless the context otherwise requires. The section headings contained in this Agreement are inserted for convenience only and will not affect in any way the meaning or interpretation of this Agreement. Whenever MarkWest Company has an obligation under the Basic Documents, the expense of complying with that obligation shall be an expense of MarkWest the Company unless otherwise specified. Whenever any determination, consent, or approval is to be made or given by a the Purchaser, such action shall be in such the Purchaser’s 's sole discretion unless otherwise specified in this Agreement. If any provision in the Basic Documents is held to be illegal, invalid, not binding, or unenforceable, such provision shall be fully severable and the Basic Documents shall be construed and enforced as if such illegal, invalid, not binding, or unenforceable provision had never comprised a part of the Basic Documents, and the remaining provisions shall remain in full force and effect. The Basic Documents have been reviewed and negotiated by sophisticated parties with access to legal counsel and shall not be construed against the drafter. The representations and warranties set forth in Sections 3.01representations, 3.02, 3.06, 3.07, 3.08, 3.12, 3.13, 4.01, 4.02, 4.03, 4.04, 4.05, 4.06, 4.07 and 4.09 hereunder shall survive the execution and delivery of this Agreement indefinitelywarranties, and the other representations and warranties set forth herein shall survive for a period of twelve (12) months following the Closing Date regardless of any investigation made by or on behalf of MarkWest or each of the Purchasers. The covenants made in this Agreement or any other Basic Document shall survive the Closing of the transactions described herein and remain operative and in full force and effect regardless of (a) any investigation made by or on behalf of the Company or the Purchaser or (b) acceptance of any of the Purchased Units Securities and payment therefor and repayment or repurchase thereof. All indemnification obligations of MarkWest and the The provisions of Section 5.02 Sections 3.21 and 7.02 shall remain operative and in full force and effect unless such obligations Sections are expressly terminated in a writing referencing that those individual SectionSections, regardless of any purported general termination of this Agreement.

Interpretation and Survival of Provisions. Article, Section, Schedule, and Exhibit references are to this Agreement, unless otherwise specified. All references to instruments, documents, contracts, and agreements are references to such instruments, documents, contracts, and agreements as the same may be amended, supplemented, and otherwise modified from time to time, unless otherwise specified. All references to a party in this Agreement shall include such party’s successors and permitted assigns. The word “including” shall mean “including but not limited to.” The terms “will” and “shall” shall be interpreted to have the same meaning. Words in the singular form will be construed to include the plural and vice versa, unless the context otherwise requires. The section headings contained in this Agreement are inserted for convenience only and will not affect in Whenever any way the meaning or interpretation of this Agreement. Whenever MarkWest Debtor has an obligation under the Basic Documentsthis Agreement, the expense of complying with that obligation shall be an expense of MarkWest the Debtors unless otherwise specified. Whenever any determination, consent, or approval is to be made or given by a Purchaserthe Collateral Trustee, such action shall be in such Purchaserthe Collateral Trustee’s sole reasonable discretion unless otherwise specified in this Agreement. If any provision in the Basic Documents this Agreement is held to be illegal, invalid, not binding, or unenforceable, such provision shall be fully severable and the Basic Documents this Agreement shall be construed and enforced as if such illegal, invalid, not binding, or unenforceable provision had never comprised a part of the Basic Documentsthis Agreement, and the remaining provisions shall remain in full force and effect. The Basic Documents have This Agreement has been reviewed and negotiated by sophisticated parties with access to legal counsel and shall not be construed against the drafter. The representations and warranties set forth in Sections 3.01representations, 3.02, 3.06, 3.07, 3.08, 3.12, 3.13, 4.01, 4.02, 4.03, 4.04, 4.05, 4.06, 4.07 and 4.09 hereunder shall survive the execution and delivery of this Agreement indefinitelywarranties, and the other representations and warranties set forth herein shall survive for a period of twelve (12) months following the Closing Date regardless of any investigation made by or on behalf of MarkWest or each of the Purchasers. The covenants made in this Agreement or any other Basic Document shall survive the Closing of the transactions described herein and remain operative and in full force and effect regardless of (a) any investigation made by or on behalf of any Person, or (b) the issuance and acceptance of any of the Purchased Units Master Debt and payment therefor and repayment or repurchase thereoftherefor. All indemnification obligations of MarkWest and the provisions of Section 5.02 Provisions which expressly state so shall remain operative and in full force and effect unless such obligations provisions are expressly terminated in a writing referencing that those individual Sectionprovisions, regardless of any purported general termination of this Agreement.

Interpretation and Survival of Provisions. Article, Section, ----------------------------------------- Schedule, and Exhibit references are to this Agreement, unless otherwise specified. All references to instruments, documents, contracts, and agreements are references to such instruments, documents, contracts, and agreements as the same may be amended, supplemented, and otherwise modified from time to time, unless otherwise specified. All references to a party in this Agreement shall include such party’s successors and permitted assigns. The word “"including” " shall mean “"including but not limited to.” The terms “will” and “shall” shall be interpreted to have the same meaning. Words in the singular form will be construed to include the plural and vice versa, unless the context otherwise requires. The section headings contained in this Agreement are inserted for convenience only and will not affect in " Whenever any way the meaning or interpretation of this Agreement. Whenever MarkWest Debtor has an obligation under the Basic Documentsthis Agreement, the expense of complying with that obligation shall be an expense of MarkWest the Debtors unless otherwise specified. Whenever any determination, consent, or approval is to be made or given by a Purchaserthe Collateral Trustee, such action shall be in such Purchaser’s sole the Collateral Trustee's reasonable discretion unless otherwise specified in this Agreement. If any provision in the Basic Documents this Agreement is held to be illegal, invalid, not binding, or unenforceable, such provision shall be fully severable and the Basic Documents this Agreement shall be construed and enforced as if such illegal, invalid, not binding, or unenforceable provision had never comprised a part of the Basic Documentsthis Agreement, and the remaining provisions shall remain in full force and effect. The Basic Documents have This Agreement has been reviewed and negotiated by sophisticated parties with access to legal counsel and shall not be construed against the drafter. The representations and warranties set forth in Sections 3.01representations, 3.02, 3.06, 3.07, 3.08, 3.12, 3.13, 4.01, 4.02, 4.03, 4.04, 4.05, 4.06, 4.07 and 4.09 hereunder shall survive the execution and delivery of this Agreement indefinitelywarranties, and the other representations and warranties set forth herein shall survive for a period of twelve (12) months following the Closing Date regardless of any investigation made by or on behalf of MarkWest or each of the Purchasers. The covenants made in this Agreement or any other Basic Document shall survive the Closing of the transactions described herein and remain operative and in full force and effect regardless of (a) any investigation made by or on behalf of any Person, or (b) the issuance and acceptance of any of the Purchased Units Master Debt and payment therefor and repayment or repurchase thereoftherefor. All indemnification obligations of MarkWest and the provisions of Section 5.02 Provisions which expressly state so shall remain operative and in full force and effect unless such obligations provisions are expressly terminated in a writing referencing that those individual Sectionprovisions, regardless of any purported general termination of this Agreement.

Interpretation and Survival of Provisions. Article, Section, Schedule, and Exhibit references are to this Senior Loan Agreement, unless otherwise specified. All references to instruments, documents, contracts, and agreements are references to such instruments, documents, contracts, and agreements as the same may be amended, supplemented, and otherwise modified from time to time, unless otherwise specified. All references to a party in this Agreement shall include such party’s successors and permitted assigns. The word “"including” " shall mean “"including but not limited to.” The terms “will” and “shall” shall be interpreted to have " Whenever the same meaning. Words in the singular form will be construed to include the plural and vice versa, unless the context otherwise requires. The section headings contained in this Agreement are inserted for convenience only and will not affect in any way the meaning or interpretation of this Agreement. Whenever MarkWest Borrower has an obligation under the Basic Senior Loan Documents, the expense of complying with that obligation shall be an expense of MarkWest the Borrower unless otherwise specified. Whenever any determination, consent, or approval is to be made or given by a Purchaserthe Senior Agent or the Senior Lenders, such action shall be in such Purchaser’s the Senior Agent's or Senior Lenders', as applicable, sole discretion unless otherwise specified in this Senior Loan Agreement. If any provision in the Basic Senior Loan Documents is held to be illegal, invalid, not binding, or unenforceable, such provision shall be fully severable and the Basic Senior Loan Documents shall be construed and enforced as if such illegal, invalid, not binding, or unenforceable provision had never comprised a part of the Basic Senior Loan Documents, and the remaining provisions shall remain in full force and effect. The Basic Senior Loan Documents have been reviewed and negotiated by sophisticated parties with access to legal counsel and shall not be construed against the drafter. The representations and warranties set forth in Sections 3.01representations, 3.02, 3.06, 3.07, 3.08, 3.12, 3.13, 4.01, 4.02, 4.03, 4.04, 4.05, 4.06, 4.07 and 4.09 hereunder shall survive the execution and delivery of this Agreement indefinitelywarranties, and covenants made in this Senior Loan Agreement and the other representations Notes shall remain operative and warranties set forth herein shall survive for a period of twelve (12) months following the Closing Date in full force and effect regardless of any investigation made by or on behalf of MarkWest or each of the Purchasers. The covenants made in this Agreement Borrower, the Senior Agent, or any other Basic Document shall survive the Closing of the transactions described herein and remain operative and in full force and effect regardless of acceptance of any of the Purchased Units and payment therefor and repayment or repurchase thereofSenior Lender. All indemnification obligations of MarkWest the Borrower hereunder and the provisions of Section 5.02 9.2 shall remain operative and in full force and effect unless such obligations are expressly terminated in a writing referencing that individual Sectionsuch obligations, regardless of any purported general termination of this Senior Loan Agreement.

Interpretation and Survival of Provisions. Article, Section, Schedule, and Exhibit references are to this Agreement, unless otherwise specified. All references to instruments, documents, contracts, and agreements are references to such instruments, documents, contracts, and agreements as the same may be amended, supplemented, and otherwise modified from time to time, unless otherwise specified. All references to a party in this Agreement shall include such party’s successors and permitted assigns. The word “"including” " shall mean “"including but not limited to.” The terms “will” and “shall” shall be interpreted to have the same meaning. Words in the singular form will be construed to include the plural and vice versa, unless the context otherwise requires. The section headings contained in this " Whenever any Agreement are inserted for convenience only and will not affect in any way the meaning or interpretation of this Agreement. Whenever MarkWest Obligor has an obligation under the Basic Documentsthis Agreement, the expense of complying with that obligation shall be an expense of MarkWest the Companies unless otherwise specified. Whenever any determination, consent, or approval is to be made or given by a Purchaserthe Collateral Agent, such action shall be in such Purchaser’s sole the Collateral Agent's reasonable discretion unless otherwise specified in this Agreement. If any provision in the Basic Documents this Agreement is held to be illegal, invalid, not binding, or unenforceable, such provision shall be fully severable and the Basic Documents this Agreement shall be construed and enforced as if such illegal, invalid, not binding, or unenforceable provision had never comprised a part of the Basic Documentsthis Agreement, and the remaining provisions shall remain in full force and effect. The Basic Documents have This Agreement has been reviewed and negotiated by sophisticated parties with access to legal counsel and shall not be construed against the drafter. The representations and warranties set forth in Sections 3.01representations, 3.02, 3.06, 3.07, 3.08, 3.12, 3.13, 4.01, 4.02, 4.03, 4.04, 4.05, 4.06, 4.07 and 4.09 hereunder shall survive the execution and delivery of this Agreement indefinitelywarranties, and the other representations and warranties set forth herein shall survive for a period of twelve (12) months following the Closing Date regardless of any investigation made by or on behalf of MarkWest or each of the Purchasers. The covenants made in this Agreement or any other Basic Document shall survive the Closing of the transactions described herein and remain operative and in full force and effect regardless of (a) any investigation made by or on behalf of any Person, or (b) the issuance and acceptance of any of the Purchased Units Master Debt and payment therefor and repayment or repurchase thereoftherefor. All indemnification obligations of MarkWest and the provisions of Section 5.02 Provisions which expressly state so shall remain operative and in full force and effect unless such obligations provisions are expressly terminated in a writing referencing that those individual Sectionprovisions, regardless of any purported general termination of this Agreement.

Interpretation and Survival of Provisions. Article, Section, Schedule, and Exhibit references are to this Agreement, unless otherwise specified. All references to instruments, documents, contracts, and agreements are references to such instruments, documents, contracts, and agreements as the same may be amended, supplemented, and otherwise modified from time to time, unless otherwise specified. All references to a party in this Agreement shall include such party’s successors and permitted assigns. The word “including” shall mean “including but not limited to.” The terms “will” and “shall” shall be interpreted to have the same meaning. Words in the singular form will be construed to include the plural and vice versa, unless the context otherwise requires. The section headings contained in this Agreement are inserted for convenience only and will not affect in any way the meaning or interpretation of this Agreement. Whenever MarkWest Seller has an obligation under the Basic Documents, the expense of complying with that obligation shall be an expense of MarkWest Seller unless otherwise specified. Whenever any determination, consent, or approval is to be made or given by a Purchaser, such action shall be in such Purchaser’s sole discretion unless otherwise specified in this Agreement. If any provision in the Basic Documents is held to be illegal, invalid, not binding, or unenforceable, such provision shall be fully severable and the Basic Documents shall be construed and enforced as if such illegal, invalid, not binding, or unenforceable provision had never comprised a part of the Basic Documents, and the remaining provisions shall remain in full force and effect. The Basic Documents have been reviewed and negotiated by sophisticated parties with access to legal counsel and shall not be construed against the drafter. The representations and warranties set forth in Sections 3.01, 3.02, 3.06, 3.07, 3.08, 3.12, 3.13, 4.01, 4.02, 4.03, 4.04, 4.05, 4.06, 4.07 and 4.09 hereunder shall survive for the execution and delivery applicable one-year period identified in the first paragraph of this Agreement indefinitelyArticle III above, and the other representations and warranties set forth herein shall survive for a period of twelve (12) months following the Closing Date regardless of any investigation made by or on behalf of MarkWest or each of the Purchasers. The covenants made in this Agreement or any other Basic Document shall survive the Closing closing of the transactions described herein and remain operative and in full force and effect regardless of (a) any investigation made by or on behalf of Seller or any Purchaser or (b) acceptance of any of the Purchased Units or Option Units, if any, and payment therefor and repayment repayment, conversion, exercise or repurchase thereof. All indemnification obligations of MarkWest Seller and the provisions of Section 5.02 6.02 shall remain operative and in full force and effect unless such obligations are expressly terminated in a writing referencing that individual Section, regardless of any purported general termination of this Agreement.

Interpretation and Survival of Provisions. Article, Section, Schedule, and Exhibit references are to this Subordinated Loan Agreement, unless otherwise specified. All references to instruments, documents, contracts, and agreements are references to such instruments, documents, contracts, and agreements as the same may be amended, supplemented, and otherwise modified from time to time, unless otherwise specified. All references to a party in this Agreement shall include such party’s successors and permitted assigns. The word “"including” " shall mean “"including but not limited to.” The terms “will” and “shall” shall be interpreted to have " Whenever the same meaning. Words in the singular form will be construed to include the plural and vice versa, unless the context otherwise requires. The section headings contained in this Agreement are inserted for convenience only and will not affect in any way the meaning or interpretation of this Agreement. Whenever MarkWest Borrower has an obligation under the Basic Subordinated Loan Documents, the expense of complying with that obligation shall be an expense of MarkWest the Borrower unless otherwise specified. Whenever any determination, consent, or approval is to be made or given by a Purchaserthe Subordinated Agent or the Subordinated Lenders, such action shall be in such Purchaser’s the Subordinated Agent's or Subordinated Lenders', as applicable, sole discretion unless otherwise specified in this Subordinated Loan Agreement. If any provision in the Basic Subordinated Loan Documents is held to be illegal, invalid, not binding, or unenforceable, such provision shall be fully severable and the Basic Subordinated Loan Documents shall be construed and enforced as if such illegal, invalid, not binding, or unenforceable provision had never comprised a part of the Basic Subordinated Loan Documents, and the remaining provisions shall remain in full force and effect. The Basic Subordinated Loan Documents have been reviewed and negotiated by sophisticated parties with access to legal counsel and shall not be construed against the drafter. The representations and warranties set forth in Sections 3.01representations, 3.02, 3.06, 3.07, 3.08, 3.12, 3.13, 4.01, 4.02, 4.03, 4.04, 4.05, 4.06, 4.07 and 4.09 hereunder shall survive the execution and delivery of this Agreement indefinitelywarranties, and covenants made in this Subordinated Loan Agreement and the other representations Notes shall remain operative and warranties set forth herein shall survive for a period of twelve (12) months following the Closing Date in full force and effect regardless of any investigation made by or on behalf of MarkWest or each of the Purchasers. The covenants made in this Agreement Borrower, the Subordinated Agent, or any other Basic Document shall survive the Closing of the transactions described herein and remain operative and in full force and effect regardless of acceptance of any of the Purchased Units and payment therefor and repayment or repurchase thereofSubordinated Lender. All indemnification obligations of MarkWest the Borrower hereunder and the provisions of Section 5.02 9.2 shall remain operative and in full force and effect unless such obligations are expressly terminated in a writing referencing that individual Sectionsuch obligations, regardless of any purported general termination of this Subordinated Loan Agreement.

Interpretation and Survival of Provisions. Article, Section, Schedule, and Exhibit references are to this Agreement, unless otherwise specified. All references to instruments, documents, contracts, and agreements are references to such instruments, documents, contracts, and agreements as the same may be amended, supplemented, and otherwise modified from time to time, unless otherwise specified. All references to a party in this Agreement shall include such party’s successors and permitted assigns. The word “"including” " shall mean “"including but not limited to.” The terms “will” and “shall” shall be interpreted to have " Whenever the same meaning. Words in the singular form will be construed to include the plural and vice versa, unless the context otherwise requires. The section headings contained in this Agreement are inserted for convenience only and will not affect in any way the meaning or interpretation of this Agreement. Whenever MarkWest Company has an obligation under the Basic Documents, the expense of complying with that obligation shall be an expense of MarkWest the Company unless otherwise specified. Whenever any determination, consent, or approval is to be made or given by a Purchaser, such action shall be in such Purchaser’s 's sole discretion unless otherwise specified in this Agreement. If any provision in the Basic Documents is held to be illegal, invalid, not binding, or unenforceable, such provision shall be fully severable and the Basic Documents shall be construed and enforced as if such illegal, invalid, not binding, or unenforceable provision had never comprised a part of the Basic Documents, and the remaining provisions shall remain in full force and effect. The Basic Documents have been reviewed and negotiated by sophisticated parties with access to legal counsel and shall not be construed against the drafter. The representations representation and warranties set forth in Sections 3.01, 3.02, 3.06, 3.07, 3.08, 3.12, 3.13, 4.01, 4.02, 4.03, 4.04, 4.05, 4.06, 4.07 and 4.09 hereunder of the Company shall survive for the execution and delivery applicable two-year period identified in the first paragraph of this Agreement indefinitelyArticle III above, and the other representations and warranties set forth herein shall survive for a period of twelve (12) months following the Closing Date regardless of any investigation made by or on behalf of MarkWest or each of the Purchasers. The covenants made in this Agreement Agreement, or any other Basic Document shall survive the Closing closing of the transactions described herein and remain operative and in full force and effect regardless of (a) any investigation made by or on behalf of the Company or Purchaser or (b) acceptance of any of the Purchased Units Securities and payment therefor and repayment or repurchase thereof. All indemnification obligations of MarkWest the Company and the provisions of Section 5.02 7.02 shall remain operative and in full force and effect unless such obligations are expressly terminated in a writing referencing that those individual SectionSections, regardless of any purported general termination of this Agreement.