Kitsumkalum Agreement-in-Principle
c)
other matters with respect to the implementation of the provisions of the Final
Agreement as the Parties may agree in writing.
49.
Unless the Parties agree otherwise, the discussion under paragraph 48 will take place on the
Periodic Review Date and such other dates as the Parties agree, but will not exceed the
applicable Review Period, and within 60 days of the end of that discussion each Party will
provide the other Parties with its written response on any matter discussed during that Review
Period.
50.
The periodic review contemplated by paragraphs 46 to 53 and all discussions and information
relating to the matter of the periodic review are without prejudice to the respective legal
positions of the Parties, unless the Parties otherwise agree, and nothing made or done with
respect to a periodic review, including the discussions or the responses provided by the Parties,
except for any amendments made pursuant to paragraph 52, creates any legally binding rights or
obligations.
51.
Except for the Parties’ commitment to meet and provide written responses as set out in
paragraph 49, neither the periodic review process contemplated by paragraphs 46 to 53, nor the
decisions and actions of the Parties relating in any way to the periodic review process are:
52.
53.
a)
subject to the process set out in the Dispute Resolution Chapter; or
b)
reviewable by a court or in any other forum.
For greater certainty:
a)
none of the Parties are required to agree to amend the Final Agreement or any agreement
contemplated by the Final Agreement as a result of the periodic review contemplated by
paragraphs 46 to 53;
b)
if the Parties agree to amend the Final Agreement any such amendment will be made in
accordance with paragraphs 54 to 58; and
c)
if the Parties agree to amend an agreement contemplated by the Final Agreement, the
agreement will be amended in accordance with its terms.
Each of the Parties will be responsible for its own costs in relation to the periodic review
process.
Amendment Provisions
54.
The Final Agreement will only be amended with the agreement of the Parties.
55.
Any one or more of the Parties may propose an amendment to the Final Agreement.
56.
In the event of a proposal pursuant to paragraph 55, the Parties agree that, before they proceed
with amending the Final Agreement they may attempt to find other means of satisfying the
interests of the Party or Parties proposing the amendment.
57.
The processes for ratifying amendments to the Final Agreement after the Effective Date will be
set out in the Final Agreement.
58.
The Parties agree to take the necessary steps to implement amended provisions of the Final
Agreement as soon as possible after the amendment has been ratified by all of the Parties.
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