THE MANAGER:
MarkWest Hydrocarbon, Inc.
155 Inverness Drive West, Suite 200
Englewood, Colorado 80112
Facsimile:
303-290-8769
Either party may alter the address to which communications or copies are to be
sent by giving notice of such change of address in conformity with the
provisions of this Section 19 for the giving of notice.
20.
BINDING NATURE OF AGREEMENT; SUCCESSORS AND ASSIGNS.
THIS AGREEMENT
SHALL BE BINDING UPON AND INURE TO THE BENEFIT OF THE PARTIES HERETO AND
12
their respective heirs, personal representatives, successors and permitted
assigns as provided in this Agreement.
21.
ENTIRE AGREEMENT.
THIS AGREEMENT CONTAINS THE ENTIRE AGREEMENT AND
UNDERSTANDING AMONG THE PARTIES HERETO WITH RESPECT TO THE SUBJECT MATTER OF
THIS AGREEMENT, AND SUPERSEDES ALL PRIOR AND CONTEMPORANEOUS AGREEMENTS,
UNDERSTANDINGS, INDUCEMENTS AND CONDITIONS, EXPRESS OR IMPLIED, ORAL OR WRITTEN,
OF ANY NATURE WHATSOEVER WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT.
THE EXPRESS TERMS OF THIS AGREEMENT CONTROL AND SUPERSEDE ANY COURSE OF
PERFORMANCE AND/OR USAGE OF THE TRADE INCONSISTENT WITH ANY OF THE TERMS OF THIS
AGREEMENT. THIS AGREEMENT MAY NOT BE MODIFIED OR AMENDED OTHER THAN BY AN
AGREEMENT IN WRITING.
22.
CONTROLLING LAW.
THIS AGREEMENT AND ALL QUESTIONS RELATING TO ITS
VALIDITY, INTERPRETATION, PERFORMANCE AND ENFORCEMENT SHALL BE GOVERNED BY AND
CONSTRUED, INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF
DELAWARE, NOTWITHSTANDING ANY DELAWARE OR OTHER CONFLICT-OF-LAW PROVISIONS TO
THE CONTRARY.
23.
INDULGENCES, NOT WAIVERS.
NEITHER THE FAILURE NOR ANY DELAY ON THE PART
OF A PARTY TO EXERCISE ANY RIGHT, REMEDY, POWER OR PRIVILEGE UNDER THIS
AGREEMENT SHALL OPERATE AS A WAIVER THEREOF, NOR SHALL ANY SINGLE OR PARTIAL
EXERCISE OF ANY RIGHT, REMEDY, POWER OR PRIVILEGE PRECLUDE ANY OTHER OR FURTHER
EXERCISE OF THE SAME OR OF ANY OTHER RIGHT, REMEDY, POWER OR PRIVILEGE, NOR
SHALL ANY WAIVER OF ANY RIGHT, REMEDY, POWER OR PRIVILEGE WITH RESPECT TO ANY
OCCURRENCE BE CONSTRUED AS A WAIVER OF SUCH RIGHT, REMEDY, POWER OR PRIVILEGE
WITH RESPECT TO ANY OTHER OCCURRENCE. NO WAIVER SHALL BE EFFECTIVE UNLESS IT IS
IN WRITING AND IS SIGNED BY THE PARTY ASSERTED TO HAVE GRANTED SUCH WAIVER.
24.
TITLES NOT TO AFFECT INTERPRETATION.
THE TITLES OF PARAGRAPHS AND
SUBPARAGRAPHS CONTAINED IN THIS AGREEMENT ARE FOR CONVENIENCE ONLY, AND THEY
NEITHER FORM A PART OF THIS AGREEMENT NOR ARE THEY TO BE USED IN THE
CONSTRUCTION OR INTERPRETATION OF THIS AGREEMENT.
25.
EXECUTION IN COUNTERPARTS.
THIS AGREEMENT MAY BE EXECUTED IN ANY NUMBER
OF COUNTERPARTS, EACH OF WHICH SHALL BE DEEMED TO BE AN ORIGINAL AS AGAINST ANY
PARTY WHOSE SIGNATURE APPEARS THEREON, AND ALL OF WHICH SHALL TOGETHER
CONSTITUTE ONE AND THE SAME INSTRUMENT. THIS AGREEMENT SHALL BECOME BINDING WHEN
ONE OR MORE COUNTERPARTS OF THIS AGREEMENT, INDIVIDUALLY OR TAKEN TOGETHER,
SHALL BEAR THE SIGNATURES OF ALL OF THE PARTIES REFLECTED HEREON AS THE
SIGNATORIES.
26.
PROVISIONS SEPARABLE.
THE PROVISIONS OF THIS AGREEMENT ARE INDEPENDENT
OF AND SEPARABLE FROM EACH OTHER, AND NO PROVISION SHALL BE AFFECTED OR RENDERED
INVALID OR UNENFORCEABLE