Kitsumkalum Agreement-in-Principle
25.
Before the Final Agreement, Kitsumkalum and British Columbia will discuss the matters of
property taxes, or grants in lieu of, related to the BC Hydro Right of Way referred to in
subparagraph 24.b).
26.
Subject to paragraph 24, every interest that before the Effective Date encumbered or applied to
Kitsumkalum Lands will cease to exist.
27.
On the Effective Date, Kitsumkalum will execute documents granting or issuing to each person
named in Appendices to the Final Agreement that person’s interest relating to its Kitsumkalum
Lands, as described in Appendix C-1, C-2 and C-4.
28.
On the Effective Date, Kitsumkalum will grant or issue the Rights of Way in favour of BC
Hydro referred to in subparagraph 24.b)relating to its Kitsumkalum Lands.
29.
A document executed in accordance with paragraph 27 for an interest listed in Appendix C-1,
C-2 and C-4 will be in the applicable form described in Appendix C-5, and in all cases will
include any modifications agreed upon in writing before the Effective Date by the Kitsumkalum
Indian Band and the person entitled to the interest.
30.
A document referred to in paragraphs 27 and 29 is deemed to be:
31.
32.
a)
delivered by Kitsumkalum on the Effective Date; and
b)
executed and delivered by the applicable person named in Appendix C-1, C-2 and C-4
on the Effective Date.
Kitsumkalum will physically deliver the applicable document:
a)
to the applicable person named in Appendix C-1, C-2 and C-4; or
b)
to any other person who, before the Effective Date, was identified by the Parties as the
correct interest holder, and the Parties will amend Appendix C-1, C-2 and C-4 in
accordance with the amendment provisions in the General Provisions Chapter to reflect
the correction.
If, following the Effective Date, Canada or British Columbia notifies Kitsumkalum that an
interest granted in accordance with paragraph 27:
a)
is in the name of a person who was not entitled to the interest on the Effective Date; or
b)
contains a clerical error or a wrong description of a material fact,
the appropriate Parties will take reasonable measures to rectify the error.
33.
Any right of way of the nature described in section 218 of the Land Title Act that is granted by
Kitsumkalum under the Final Agreement will be legally binding and enforceable
notwithstanding that Kitsumkalum Lands to which the right of way relates are not subject to the
Land Title Act.
34.
The interests listed in Appendices C-1 to C-4 are retained by the persons who hold those
interests on the Effective Date in accordance with the existing terms and conditions of the
interest on the Effective Date, modified where appropriate to reflect ownership of the land by
Kitsumkalum and Provincial Law. If such an interest is not renewed or replaced when it expires
in accordance with its terms or Provincial Law, that interest ceases to exist.
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