Kitsumkalum Agreement-in-Principle
c)
Canada, British Columbia and all other persons do not have any obligations in respect of
any aboriginal rights, including aboriginal title, that Kitsumkalum may have to the
extent that those rights, including title, might be in any way other than or different in
attributes or geographic extent from, the Kitsumkalum Section 35 Rights set out in the
Final Agreement.
Rights Not Extinguished
36.
For greater certainty, any aboriginal rights including aboriginal title that Kitsumkalum may have
will not be extinguished but will be modified and continue as modified as set out in the Final
Agreement.
Release of Past Claims
37.
The Final Agreement will provide that Kitsumkalum will release Canada, British Columbia and
all other persons from all suits, claims, demands, actions or proceedings, of whatever kind,
whether known or unknown, that Kitsumkalum ever had, now has or may have in the future,
relating to or arising from any act or omission before the Effective Date that may have affected,
interfered with or infringed any aboriginal right, including aboriginal title, of Kitsumkalum as it
may have existed anywhere in Canada before the Effective Date.
Indemnities
38.
39.
The Final Agreement will provide that Kitsumkalum will indemnify and forever save harmless
Canada or British Columbia, as they case may be, from any and all damages, costs, excluding
fees and disbursements of solicitors and other professional advisors, losses or liabilities, that
Canada or British Columbia, respectively, may suffer or incur in connection with or as a result
of any suit, action, cause of action, claim, proceeding or demand before or after the Effective
Date relating to or arising from:
a)
the existence of an aboriginal right, including aboriginal title, of Kitsumkalum that is
determined to be other than, or different in attributes or geographical extent from, the
Kitsumkalum Section 35 Rights set out in the Final Agreement; or
b)
any act or omission by Canada or British Columbia, before the Effective Date, that may
have affected, interfered with or infringed any aboriginal right, including aboriginal title,
of Kitsumkalum as it may have existed anywhere in Canada before the Effective Date.
The Final Agreement will provide that a Party who is the subject of a suit, claim, demand,
action or proceeding that may give rise to a requirement to provide payment to that Party
pursuant to an indemnity under the Final Agreement:
a)
will vigorously defend the suit, claim, demand, action or proceeding; and
b)
will not settle or compromise the suit, claim, demand, action or proceeding except with
the consent of the Party who has granted the indemnity, which consent will not be
arbitrarily or unreasonably withheld or delayed.
Specific Claims
40.
Notwithstanding any other provision of the Final Agreement, nothing in the Final Agreement
will preclude Kitsumkalum from pursuing any claims that fall within the scope of Canada’s
Specific Claims Policy, in accordance with that policy, the Specific Claims Tribunal Act, or in
court.
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