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| 1998 Legislative Session: 3rd Session, 36th Parliament FIRST READING |
| The following electronic version is for informational
purposes only. The printed version remains the official version. |
| BILL 51: NISGA'A FINAL AGREEMENT ACT -- APPENDICES | APPENDIX C - 4 |
Grant of Right of Way for
Secondary Provincial Roads
THIS GRANT OF RIGHT OF WAY made the __________ day of __________ , ____
BETWEEN:
NISGA'A NATION
[insert address]
("Nisga'a Nation")
AND:
HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA, as represented by the Minister of Transportation and Highways
[insert address]
("British Columbia")
WHEREAS:
A. The Nisga'a Nation, Canada and British Columbia have entered into the Nisga'a Final Agreement.
B. The Nisga'a Nation wishes to grant rights of way over areas of Nisga'a Lands for secondary provincial roads.
Therefore for good and valuable consideration the Nisga'a Nation and British Columbia agree as follows:
1. Grant of Right of Way. The Nisga'a Nation hereby grants a right of way to British Columbia for the secondary provincial road right of way areas described in Schedule A attached to this Grant of Right of Way.
2. Incorporation by Reference. This Grant of Right of Way incorporates by reference all provisions of the Roads and Rights of Way Chapter of the Nisga'a Final Agreement relating to secondary provincial roads and rights of way for those roads.
3. Other provisions.
(a) Notice. Any notice required under this Grant of Right of Way:
(i) must be in writing;
(ii) must be delivered to the address set out above, or to another address specified in writing by a party; and
(iii) may be given in one or more of the following ways:
(A) delivered personally or by courier, and it will be deemed to be received on the next business day;
(B) delivered by fax, and it will be deemed to be received on the next business day; or
(C) mailed by pre-paid post in Canada, and it will be deemed received on the eighth business day following.
(b) Runs with the Land. This Grant of Right of Way runs with and binds the Nisga'a Lands, to the extent reasonably necessary to give full force and effect to this Grant.
(c) Interpretation. In this Grant of Right of Way:
(i) all attached schedules form an integral part of this Grant;
(ii) headings are for convenience only and are not to be construed as defining or in any way limiting the scope or intent of this Grant.
IN WITNESS THEREOF the parties have duly executed this Agreement, as of the date first referred to above.
NISGA'A NATION
Per:____________________
Per:____________________
HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA, as represented by the Minister of Transportation and Highways
Per:____________________
Per:____________________
Grant of Private Road Easement
THIS AGREEMENT is dated ____________________ , __________
BETWEEN:
[NISGA'A NATION or NISGA'A VILLAGE]
(TO BE DETERMINED ON EXECUTION)
[insert address]
(the "Owner")
AND:
of
[insert address]
(the "Grantee")
WHEREAS:
A. The Grantee wishes an easement over the Servient Lands to provide access to the Grantee's Property.
B. The Owner is willing to grant to the Grantee an easement over the Servient Lands to provide access to the Grantee's Property.
Therefore in consideration of the payment of the fee to be paid by the Grantee, and the Grantee's covenants as set out in this Agreement, the Owner and Grantee agree as follows:
"Grantee's Property" means the lands described in Schedule A attached to this Agreement.
"Easement Area" means that portion of the Servient Lands as described in Schedule B attached to this Agreement.
"Security" means the security for the performance of the Grantee's obligations as set out in paragraph 11 in the amount of $__________________.
"Servient Lands" means the lands described in Schedule B attached to this Agreement.
"Special Conditions" means the conditions, if any, set out in Schedule C attached to this Agreement.
By this Agreement the Owner grants to the Grantee, and its invitees, permittees, representatives, employees, and agents, their heirs, executors, administrators and assigns, the full, free and uninterrupted easement, right and liberty over the Easement Area to enter on and use the Easement Area for the purpose of constructing and maintaining (including trimming or removing trees and vegetation) a road and using the Easement Area as a road to give pedestrian and vehicular access to the Grantee's Property.
This Easement is appurtenant to the Grantee's Property and passes with a conveyance or other disposition of the estate in fee simple of the Grantee's Property, and is binding on the Servient Lands.
The Grantee will pay the Owner an annual fee in advance in the amount of $________ to cover the Owner's costs of administering this Agreement.
The obligation of the Grantee in this Agreement constitutes both contractual obligations and covenants under Section 219 of the Land Title Act in respect of the Grantee's Property and runs with the Grantee's Property and binds successors in title.
This Agreement will not entitle the Grantee to exclusive possession of the Easement Area and the Owner reserves the right to grant other dispositions of the Easement Area so long as the grant does not impair the Grantee's permitted use of the Easement Area.
The Grantee covenants with the Owner:
(a) to pay the annual fee as described in paragraph 4 at the address of the Owner set out above or at such other place as the Owner may specify under paragraph 14;
(b) to pay and discharge when due all applicable taxes, levies, charges and assessments now or hereafter assessed, levied or charged which relate to the Easement Area or any of the Grantee's improvements on the Easement Area which the Grantee is liable to pay;
(c) to observe, abide by and comply with all applicable laws, bylaws, orders, directions, ordinances and regulations of any competent government authority, including an Owner government, in any way affecting the Easement Area and improvements situate thereon, or their use and occupation;
(d) not to commit or suffer any wilful or voluntary waste, spoil or destruction on the Easement Area or do or suffer to be done thereon by its invitees, permittees, representatives, employees, or agents, or anyone for whom the Grantee is responsible at law, anything that may be or becomes a nuisance;
(e) not to bury debris or rubbish of any kind on the Easement Area;
(f) not to commit or suffer any wilful or voluntary waste, spoil or destruction on the Easement Area, or anything that may be or become a nuisance or annoyance to the Servient Lands;
(g) to deliver to the Owner from time to time, upon demand, proof of insurance required under this Agreement, receipts or other evidence of payment of any taxes or charges owning, and other monetary obligations of the Grantee required to be observed by the Grantee pursuant to this Agreement;
(h) to indemnify and save harmless the Owner against all losses, damages, costs and liabilities, including fees of solicitors and other professional advisors, arising out of:
(i) any breach, violation or non-performance of any covenant, condition or obligation under this Agreement by the Grantee; and
(ii) any personal injury, death, or property damage, arising out of the Grantee's use or occupation of the Easement Area under this Agreement,
and the Owner may add the amount of any losses, damages, costs and liabilities to the fees payable under paragraph 4, and the amount added will be payable to the Owner immediately.
(i) to keep the Easement Area in a safe, clean and sanitary condition satisfactory to the Owner acting reasonably, and to make safe, clean and sanitary any portion of the Easement Area or any improvement thereon that the Owner, acting reasonably, may direct by notice in writing to the Grantee;
(j) to permit the Owner or its authorized representative to enter upon the Easement Area at any time to examine its condition;
(k) to use and occupy the Easement Area in accordance with the provisions of this Agreement including the Special Conditions, if any, set out in Schedule C;
(l) on the expiration or at the earlier cancellation of this Agreement:
(i) to quit peaceably and deliver possession of the Easement Area to the Owner;
(ii) to de-commission the road, including the removal of any structures or works on the Easement Area, and restore the surface of the Easement Area to the satisfaction of the Owner acting reasonably;
and to the extent necessary, this covenant shall survive the expiration or cancellation of this Agreement;
(m) to obtain and keep in force insurance covering the Owner and the Grantee (without any rights of cross-claim or subrogation against the Owner) against claims for personal injury, death, property damage or third party or public liability claims arising from any accident or occurrence on the Easement Area to an amount not less than $1,000,000.00;
(n) notwithstanding subparagraph (m), the Owner may from time to time, acting reasonably, considering the amount of insurance a prudent owner would carry, require the Grantee to increase the amount of insurance and the Grantee will, within 60 days of receiving the request, obtain the required additional insurance and deliver to the Owner written confirmation of the change;
(o) not to interfere with the activities, works or other improvements of any other person who enters on or uses or occupies the Easement Area under a subsequent right or interest granted by the Owner, or who is otherwise authorized by the Owner to enter on or use or occupy the Easement Area, in accordance with paragraph 6; and
(p) if the Grantee, or its agents, contractors or representatives, discover any archaeological material on the Easement Area, to take all reasonable steps and precautions to minimize disturbance of that material, and to immediately notify the Owner.
Despite any other provision of this Agreement, this Agreement may be cancelled if the Grantee fails or refuses to observe or perform any term in this Agreement, and the failure continues after the Owner gives written notice of the failure to the Grantee for a period of:
(a) 30 days; or
(b) 150 days, if the failure because of its nature reasonably requires more than 30 days to cure, and provided that the Grantee proceeds diligently and continuously to cure the failure
then the Owner may by further written notice to the Grantee cancel this Agreement and despite paragraph 7 (l), any fixtures to the Easement Area will, at the discretion of the Owner, become the property of the Owner.
If the Owner requires the Easement Area for another purpose, the Owner may, on 180 days written notice to the Grantee and in consultation with the Grantee:
(a) at its cost locate and construct an alternate road providing access to the Grantee's Property to a standard at least equivalent to the original road;
(b) grant a replacement Agreement for the alternate road on the same terms as this Agreement; and
(c) by further written notice to the Grantee cancel this Agreement;
and on cancellation the Grantee will quit peaceably and deliver possession of the Easement Area, except that the Grantee may, at its election, within 60 days of the cancellation, or such longer time as reasonably required, remove any fixtures from the Easement Area, but the Grantee will not be required to comply with paragraph 7 (l) (ii).
The Owner will not dispose of, or agree to dispose of, the Servient Lands without first notifying any intended purchaser of the existence of this Agreement.
All timber of commercial value on the Easement Area will remain the property of the Owner.
The Grantee will deliver the Security to the Owner within 30 days of the commencement of this Agreement, and in any event prior to the Grantee's use of the Easement Area, as security for the performance of the Grantee's obligations under this Agreement, and the following will apply:
(a) the Grantee will maintain the Security in full until the later of:
(i) the termination of this Agreement; or
(ii) the complete fulfillment of all of the Grantee's obligations under this Agreement;
(b) if the Grantee defaults in the performance of any of its obligations under this Agreement, the Owner may, in its sole election, draw on and use the Security to reimburse the Owner for all reasonable costs and expenses, including legal and other professional services costs if any, caused by or arising out of the Grantee's breach, and in the event of a call on the Security the Grantee will, as a condition of the continuation of this Agreement, immediately pay to the Owner the amount of the draw so that the full amount of the Security is available.
Any dispute arising out of or in connection with this Agreement will be resolved as follows:
(a) the parties will attempt to resolve disputes by good faith negotiations, including timely disclosure of all relevant facts, information and documents;
(b) either party may, at any time, by written notice request that the dispute be referred to mediation, conducted by a mediator, knowledgeable about the matters in dispute;
(c) if the dispute is not resolved within 30 days of the notice to mediate under subparagraph (b) then, on the agreement of both parties, the dispute may be referred to a single arbitrator for final resolution. If the parties do not agree to arbitration then either party may refer the matter to the courts;
except that it is not incompatible with this paragraph for a party to apply to a court at any time for interim or conservatory relief, and for the court to grant that relief.
If notice is required or permitted under this Agreement, the notice:
(a) must be in writing;
(b) must be delivered to the address set out above, or other address as specified in writing by a party; and
(c) may be given in one or more of the following ways:
(i) delivered personally or by courier, and it will be deemed received on the next business day;
(ii) delivered by fax, and it will be deemed received on the next business day; or
(iii) mailed by pre-paid post in Canada, and it will be deemed received on the eighth business day following.
A breach of any term, condition, covenant or other provision of this Agreement may only be waived in writing, and any waiver will not be construed as a waiver of any subsequent breach. Consent to or approval of any act, where consent or approval is required under this Agreement, will not be construed as consent to or approval of any subsequent act.
No remedy set out in this Agreement is exclusive of any other remedy provided by law, but will be in addition to any other remedy existing at law, in equity, or by statute.
The terms and provisions of this Agreement shall extend to, be binding upon and enure to the benefit of the parties hereto and their successors and permitted assigns.
In this Agreement:
(a) all attached schedules form an integral part of this Agreement;
(b) unless the context otherwise requires, the singular includes the plural and the masculine include the feminine gender, body politic and a corporation;
(c) the headings are for convenience only and are not to be construed as defining or in any way limiting the scope or intent of the Agreement;
(d) a reference to an enactment of British Columbia or of Canada will be deemed to include a reference to any subsequent amendments or replacements; and
(e) if any provision is determined by a court or arbitrator of competent jurisdiction to be illegal or unenforceable, that provision will be considered separate and severable, and the legality or enforceability of the remaining provisions will not be affected by that determination.
IN WITNESS THEREOF the parties have duly executed this Agreement, as of the date first referred to above.
NISGA'A NATION
Per:____________________
Per:____________________
GRANTEE
Per:____________________
(authorized signatory of Grantee)
SCHEDULE A - DESCRIPTION OF GRANTEE'S PROPERTY
SCHEDULE B - DESCRIPTION OF BOTH SERVIENT LANDS AND EASEMENT AREA
SCHEDULE C - SPECIAL CONDITIONS
Grant of Right of Way for Access Roads To
British Columbia Hydro and Power Authority
This Agreement is dated ____________________ , __________
BETWEEN:
NISGA'A NATION
[insert address]
(the "Nisga'a Nation")
AND:
BRITISH COLUMBIA HYDRO AND POWER AUTHORITY, continued under the Hydro and Power Authority Act, RSBC 1996, c. 212
[insert address]
("Hydro")
WHEREAS:
A. The Nisga'a Nation, Canada and British Columbia have entered into the Nisga'a Final Agreement.
B. The Nisga'a Nation wish to grant to Hydro rights on Nisga'a Lands for certain roads existing on Nisga'a Lands on the effective date.
Therefore for good and valuable consideration the Nisga'a Nation and Hydro agree as follows:
"BC TEL" means BC TEL, and its successors and assigns.
"Final Agreement" means the Nisga'a Final Agreement between the Nisga'a Nation, Canada and British Columbia.
"Hydro Access Roads" means trails or roads that provide access to a Hydro right of way or works, including surfacing, bridges, drainage and support works, and other works required to maintain the integrity of the travelled surface.
"Hydro Access Road Areas" means those portions of Nisga'a Lands as described in Schedule A attached to this Agreement.
"Hydro Purposes" means the transmission and distribution of electric energy and telecommunications.
This Agreement is made under the Final Agreement, and defined terms in the Final Agreement will have the same meaning in this Agreement.
The Nisga'a Nation grants to Hydro, and its employees, representatives, agents, contractors, licensees and assignees, the full, free and uninterrupted right, liberty and right of way, as follows:
(a) to construct, operate, maintain, repair, alter, upgrade, remove and replace Hydro Access Roads, and remove and trim trees, vegetation and obstructions, on the Hydro Access Road Areas;
(b) to install, maintain and use gates in all fences constructed by others which are now or hereafter shall be on the Hydro Access Road Areas;
(c) to pass and repass over the Hydro Access Road Areas with or without equipment, machinery and materials as reasonably required by Hydro; and
(d) to generally do all acts or things necessary in connection with the foregoing.
This Agreement will not entitle Hydro to exclusive possession of the Hydro Access Road Areas or other parts of the Nisga'a Lands and the Nisga'a Nation reserves the right to grant other dispositions of the Hydro Access Road Areas so long as the grant does not materially affect the exercise of Hydro's rights under this Agreement.
In respect of a Hydro Access Road Area, the rights, liberties and rights of way granted under this Agreement are for so long as required and will terminate, without compensation to Hydro, when:
(a) the Hydro right of way that the Hydro Access Road Area serves terminates; or
(b) Hydro no longer requires the Hydro Access Road Areas, and:
(i) Hydro gives 90 days written notice to the Nisga'a Nation; or
(ii) the Nisga'a Nation gives 90 days written notice to Hydro.
Except in an emergency, Hydro will provide to the Nisga'a Nation a written work plan describing proposed work on or related to a Hydro Access Road Area prior to undertaking the construction or development of any Hydro Access Road. Hydro will provide the work plan in time to afford the Nisga'a Nation the opportunity to comment, and Hydro will use reasonable efforts to accommodate any suggestions or requests presented by the Nisga'a Nation provided they do not result in significant increased costs.
Hydro will undertake activities permitted under this Agreement having regard for the impact on the environment, and will take prudent measures to minimize damage or disruption to the environment.
Hydro, and its employees, representatives, agents, contractors, licensees and assignees, may enter onto Nisga'a Lands outside the Hydro Access Road Areas for the purpose of undertaking works to protect Hydro Access Roads, or to protect persons and property, as follows:
(a) Hydro will before commencing any work deliver a written work plan describing the effect and extent of the proposed work on Nisga'a Lands to the Nisga'a Nation for approval;
(b) the Nisga'a Nation will not unreasonably withhold approval of the work plan, considering the effect of the proposed work, including the cost of the proposed works compared to the cost of alternate solutions, the extent of the risk of not undertaking the work, and the impact on the Nisga'a Lands. If Hydro and the Nisga'a Nation cannot agree on a work plan requested by Hydro within 30 days of receipt by the Nisga'a Nation of the proposed work plan, then either party may refer the disagreement to dispute resolution under Paragraph 14 of this Agreement;
(c) Hydro will minimize the damage to and time spent on Nisga'a Lands;
(d) Hydro will pay fair compensation, as defined in the Final Agreement, for any interference with or damage to adjacent Nisga'a Lands.
Notwithstanding other provisions of this paragraph or this Agreement, in an emergency Hydro may undertake works and take steps on Nisga'a Lands as are reasonably required to be taken immediately in order to protect Hydro Access Roads, and in that event Hydro will as soon as reasonably possible notify the Nisga'a Nation in writing.
If the Nisga'a Nation requires a portion of a Hydro Access Road Area for another purpose, then upon request by the Nisga'a Nation, Hydro will relocate any Hydro Access Road Area, including the related Hydro Access Road, to a new location as follows:
(a) the relocation will proceed only if the new location is reasonably suitable for use for a Hydro Access Road considering construction, maintenance and operation and costs; and
(b) the Nisga'a Nation will give reasonable notice to permit design, planning and construction of the Hydro Access Road to be relocated; and
(c) the Nisga'a Nation will pay all reasonable costs, including costs of design, supervision and construction.
The Nisga'a Nation will extend a Hydro Access Road Area as reasonably required, so that the extended Hydro Access Road Area has similar priority over other charges and encumbrances as the original. When a portion of a Hydro Access Road Area is relocated, then the Hydro Access Road Area for the portion that is abandoned will be terminated.
Hydro will indemnify and save harmless the Nisga'a Nation from and against all losses, damages, costs, liabilities, claims, expenses, and suits, including fees of solicitors and other professional advisors, arising out of:
(a) any breach, violation or non-performance by Hydro of any of Hydro's covenants, conditions or obligations under this Agreement; and
(b) any personal injury, death, or property damage, including environmental damage, occurring on or to Nisga'a Lands arising from Hydro's use or occupation of Nisga'a Lands under this Agreement,
but not for any claims based on nuisance or the rule in Rylands v Fletcher unless Hydro was negligent.
Hydro covenants with the Nisga'a Nation:
(a) to pay compensation to the Nisga'a Nation for any damage to buildings, crops (except for trees in the Hydro Access Road Areas), livestock, drains, ditches, culverts, fences, trails, bridges, roads and fruit, nut or ornamental trees caused by Hydro;
(b) despite subparagraph (a), to pay compensation to its owner, in accordance with generally accepted principles of timber valuation, for all merchantable timber cut or damaged by Hydro on Nisga'a Lands on or adjacent to the Hydro Access Road Areas, and the parties agree that, on payment, title to any timber cut on the Nisga'a Lands under this Agreement vests in Hydro;
(c) to pay and discharge when due all applicable taxes, levies, charges and assessments now or hereafter assessed, levied or charged to the account of Hydro which relate to the Hydro Access Road Areas and which Hydro is liable to pay;
(d) to keep the Hydro Access Road Areas in a safe, clean and sanitary condition to the extent the condition relates to Hydro's use or occupation, and on written notice from the Nisga'a Nation to make safe, clean and sanitary any portion of the Hydro Access Road Areas that contravene the provisions of this covenant, provided that Hydro has no obligation to keep the Hydro Access Roads suitable for use by anyone except Hydro;
(e) not to disturb or interfere with any survey monuments, bars or iron pins located on the Nisga'a Lands including the Hydro Access Road Areas;
(f) not to bury debris or rubbish of any kind on Nisga'a Lands in excavations or backfill, and to remove shoring and similar temporary structures as backfilling proceeds;
(g) to bury and maintain all underground works as may be required so as not to unduly interfere with the drainage of Nisga'a Lands;
(h) not to commit or suffer any wilful or voluntary waste, spoil or destruction on the Hydro Access Road Areas, or anything that may be or become a nuisance or annoyance to the owners of the Nisga'a Lands, except to the extent necessary to carry out any of the matters under this Agreement;
(i) to observe, abide by and comply with all applicable laws, bylaws, orders, directions, ordinances and regulations of any competent governmental authority which relate to the Hydro Access Road Areas;
(j) to permit the Nisga'a Nation to enter upon the Hydro Access Road Areas at any time to examine its condition;
(k) if for any reason this Agreement terminates with respect to a portion of the Hydro Access Road Areas, to:
(i) quit peaceably that portion of the Hydro Access Road Areas; and
(ii) decommission any Hydro Access Roads on, and restore the surface of, that portion of the Hydro Access Road Areas to a condition to which similar lands are typically restored in British Columbia, unless otherwise agreed to in writing by the Nisga'a Nation and Hydro at the time of restoration;
and to the extent necessary, this covenant will survive the termination of this Agreement; and
(l) if Hydro, or its employees, representatives, agents, contractors, licensees or assignees, discover any archaeological material on the Hydro Access Road Areas, to take all reasonable steps and precautions to minimize disturbance of that material, and to immediately notify the Nisga'a Nation.
The Nisga'a Nation covenants with Hydro:
(a) not to use or authorize the use of the Hydro Access Road Areas for any purpose, including the construction of any improvements, that in the reasonable opinion of Hydro would be unsafe or would interfere with Hydro's use of the Hydro Access Road Areas; and
(b) not to intentionally do or authorize any act or thing that injures or endangers the Hydro Access Roads.
Hydro will not licence the use of the Hydro Access Road Areas, in whole or in part, without the prior written consent of the Nisga'a Nation provided that:
(a) Hydro may grant a licence to BC Tel for the use of the Hydro Access Road Areas without the consent of the Nisga'a Nation;
(b) the Nisga'a Nation may attach conditions to its consent to any licence, including the provision of insurance and security, in a form and amount acceptable to the Nisga'a Nation; and
(c) no licence will act as a release of any of Hydro's obligations as set out in this Agreement.
Any dispute arising out of or in connection with this Agreement will be resolved as follows:
(a) the parties will attempt to resolve disputes by good faith negotiations, including timely disclosure of all relevant facts, information and documents;
(b) either party may, at any time, by written notice request that the dispute be referred to mediation, conducted by a mediator, knowledgeable about the matters in dispute;
(c) if the dispute is not resolved within 30 days of the notice to mediate under subparagraph (b) then, on the agreement of both parties, the dispute may be referred to a single arbitrator for final resolution. If the parties do not agree to arbitration then either party may refer the matter to a court of competent jurisdiction
except that it is not incompatible with this paragraph for a party to apply to a court of competent jurisdiction at any time for interim or conservatory relief and for the court to grant that relief.
If notice is required or permitted under this Agreement, the notice:
(a) must be in writing;
(b) must be delivered to the address set out above, or other address as specified in writing by a party;
(c) may be given in one or more of the following ways:
(i) delivered personally or by courier, and it will be deemed received on the next business day;
(ii) delivered by fax, and it will be deemed received on the next business day; or
(iii) mailed by pre-paid post in Canada, and it will be deemed received on the eighth business day following.
This Agreement runs with and binds Nisga'a Lands, to the extent reasonably necessary to give full force and effect to this Agreement.
A breach of any term, condition, covenant or other provision of this Agreement may only be waived in writing, and any waiver will not be construed as a waiver of any subsequent breach. Consent to or approval of any act, where consent or approval is required under this Agreement, will not be construed as consent to or approval of any subsequent act.
No remedy set out in this Agreement is exclusive of any other remedy provided by law, but will be in addition to any other remedy existing at law, in equity, or by statute.
The terms and provisions of this Agreement will extend to, be binding upon and enure to the benefit of the parties and their successors and assigns.
In this Agreement:
(a) all attached schedules form an integral part of this Agreement;
(b) unless the context otherwise requires, the singular includes the plural and the masculine include the feminine gender, body politic and a corporation;
(c) the headings are for convenience only and are not to be construed as defining or in any way limiting the scope or intent of this Agreement;
(d) a reference to an enactment of British Columbia or of Canada will be deemed to include a reference to any subsequent amendments or replacements; and
(e) if any provision is determined by a court or arbitrator of competent jurisdiction to be illegal or unenforceable, that provision will be considered separate and severable, and the legality or enforceability of the remaining provisions will not be affected by that determination.
IN WITNESS THEREOF the parties have duly executed this Agreement, as of the date first referred to above.
NISGA'A NATION
Per:____________________
Per:____________________
BRITISH COLUMBIA HYDRO AND POWER AUTHORITY
Per:____________________
Per:____________________
SCHEDULE A - DESCRIPTION OF HYDRO ACCESS ROAD AREAS
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