(i)
"Filed Terms" means these filed standard charge terms;
(j)
“Final Agreement” means the Kitsumkalum First Nation Final Agreement
among the Grantor, Canada and British Columbia;
(k)
“General Instrument” means the Form C General Instrument – Part I, which
refers to these Filed Terms and any other pages attached thereto;
(l)
“Grantor” means the person named as the transferor in Item 5 of the General
Instrument;
(m)
“Hydro” means the person named as the transferee in Item 6 of the General
Instrument;
(n)
“Lands” means the Area of the Works and Area C, as shown on the Plan;
(o)
“Plan” means the Plan attached as Schedule “A” to the General Instrument, as
described in section (a) of Item 3 of the General Instrument .
(p)
“Right of Way Area” means those portions of the Lands shown as “Area A”
on the Plan, as they may be modified from time to time; and
(q)
“Works” means all things and components, using any type of technology
from time to time, necessary or convenient for the purposes of distributing
and/or transmitting electricity, telecommunications or communications by any
method or process whatsoever, including poles, towers, antennae (except for
monopole free standing antennae), anchors, guy wires, brackets, cross arms,
insulators, foundations, overhead and underground conductors, wires, lines,
cables and transformers, underground conduits and pipes, access nodes,
cabinets, all ancillary appliances and fittings, reasonably required associated
protective installations, and related works such as fencing for safety or
security, devices and identifying colours for aircraft warning and utility
services for the operation of any of the foregoing.
1.2
With respect to any obligation on the part of Hydro under this Agreement, any
reference to Hydro includes its respective servants, officers, employees, agents,
contractors, sub-contractors, invitees, licensees, successors, assigns, and those for
whom Hydro is responsible in law, as and to the extent reasonably applicable.
2.0
RIGHTS RELATED TO RIGHT OF WAY AREA
2.1
The Grantor grants over the Lands to Hydro and its employees, representatives,
contractors, agents, licensees, successors and assigns for so long as required the
uninterrupted right, liberty and right of way to:
(a)
use the Right of Way Area as follows:
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