Kitsumkalum Agreement-in-Principle
8.
This Chapter does not apply to:
a)
an agreement, plan, guideline or other document made between or among the Parties that
is ancillary, subsequent, or supplemental to the Final Agreement unless the Parties have
agreed that this Chapter applies to that agreement;
b)
the Implementation Plan; or
c)
a dispute, where excluded from this Chapter.
9.
Nothing in this Chapter limits the application of a dispute resolution process, under Federal Law
or Provincial Law, to a dispute involving a person if that dispute is not a Disagreement.
10.
Nothing in any Federal Law or Provincial Law limits the right of a Party to refer a
Disagreement to this Chapter.
Disagreements to Go Through Stages
11.
The Parties desire and expect that most Disagreements will be resolved by informal discussions
between or among the Parties, without the necessity of invoking this Chapter.
12.
Except as otherwise provided, Disagreements not resolved informally will progress, until
resolved, through the following stages:
a)
Stage One: formal, unassisted efforts to reach agreement between or among the Parties,
in collaborative negotiations under Appendix J-1;
b)
Stage Two: structured efforts to reach agreement between or among the Parties with the
assistance of a Neutral, who has no authority to resolve the dispute, in a facilitated
process under Appendix J-2, J-3 or J-4 as applicable; and
c)
Stage Three: final adjudication in arbitral proceedings under Appendix J-5, or in judicial
proceedings.
13.
Except as otherwise provided, no Party may refer a Disagreement to final adjudication in Stage
Three without first proceeding through Stage One and a facilitated process in Stage Two as
required in this Chapter.
14.
Nothing in this Chapter prevents a Party from commencing arbitral or judicial proceedings at
any time:
a)
to prevent the loss of a right to commence proceedings due to the expiration of a
limitation period; or
b)
to obtain interlocutory or interim relief that is otherwise available pending resolution of
the Disagreement under this Chapter.
Stage One: Collaborative Negotiations
15.
If a Disagreement is not resolved by informal discussion, and a Party directly engaged in the
Disagreement wishes to invoke this Chapter, that Party will deliver written notice, as required
under Appendix J-1, as soon as practicable to the other Parties, requiring the commencement of
collaborative negotiations.
16.
Upon receiving the notice under paragraph 15, a Party directly engaged in the Disagreement
will participate in the collaborative negotiations.
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