17.6
Nothing in this Agreement will be interpreted or construed to limit or restrict the
rights of Hydro as a Public Utility under the Final Agreement.
17.7
The Grantor agrees to execute an amendment of this Agreement, at the request of
Hydro, in order to:
(a)
extend the application of this Agreement to any additional lands that are
acquired by the Grantor after the Effective Date of the Final Agreement,
on which Works are located, provided such additional lands are treaty
settlement lands within the meaning of the Final Agreement, or
(b)
reflect any adjustment that may be needed in the description of the Lands
as a result of a re-survey of the Lands, or a portion thereof.
Hydro will be responsible for the cost of preparing any documentation that may be
necessary to amend the Agreement, and for any related costs of filing the document in
the appropriate land registry.
17.8
This Agreement constitutes the entire agreement between the parties hereto with
respect to the subject matter hereof and supersedes all prior understandings,
communications and agreements between the parties hereto with respect to the
subject matter hereof. There are no representations, warranties, terms, conditions,
undertakings or collateral agreements, either express or implied, between the parties
other than as expressly set forth in this Agreement.
17.9
This Agreement may not be modified or amended, nor any provision waived,
discharged or terminated, except by an instrument in writing signed by the parties.
18.0
INTERPRETATION
18.1
In this Agreement:
(a)
all attached schedules form an integral part of this Agreement;
(b)
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;
(c)
a reference to “party” or “parties” in this Agreement is a reference to Grantor
or Hydro, or both, as the context requires;
(d)
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;
(e)
unless the context otherwise requires, the singular includes the plural and the
masculine includes the feminine gender, body politic and a corporation;
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