(b) any act or omission on the part of Hydro in respect of or in relation to its Works including the construction, maintenance, operation or decommissioning of its Works, but only to the extent any such matter is found to be the responsibility of Hydro and was not contributed to by the negligence of, or breach, violation or non-performance by the Grantor or by those for whom the Grantor is responsible at law, and not for any matters based on nuisance or the rule in Rylands v. Fletcher unless Hydro was negligent. 14.0 DISPUTE RESOLUTION 14.1 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 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 subsection (b), or any further period of time agreed to by the parties, then, on the agreement of the parties, the dispute may be referred to a single arbitrator for final resolution, in accordance with the Commercial Arbitration Act [RSBC 1996] c. 54. If the parties do not agree to arbitration, then any party may refer the matter to a court of competent jurisdiction; except that it is not incompatible with this subsection 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. 15.0 RUNS WITH THE LAND 15.1 This Agreement runs with and binds the Lands to the extent necessary to give full force and effect to this Agreement. 16.0 NOTICE 16.1 Whenever it is required or permitted that notice or demand be given by any party to the other, the same will be in writing and will be forwarded to the following addresses: To the Grantor: Kitsumkalum First Nation P.O. Box 544 Terrace, British Columbia V8G 4B5 Fax: (250) 635-4622 120

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