(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
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