Kitsumkalum Agreement-in-Principle
73.
The Final Agreement will be the entire agreement among the Parties in relation to the subject
matter of the Final Agreement and, except as set out in the Final Agreement, there is no
representation, warranty, collateral agreement, condition, right or obligation affecting the Final
Agreement.
No Implied Waiver
74.
Any waiver of:
a)
a provision of the Final Agreement;
b)
the performance by a Party of an obligation under the Final Agreement; or
c)
a default by a Party of an obligation under the Final Agreement,
will be in writing and signed by the Party or Parties giving the waiver and will not be a waiver
of any other provision, obligation or subsequent default.
Obligation to Negotiate
75.
Whenever the Parties are obliged under any provision of the Final Agreement to negotiate and
attempt to reach agreement, all Parties will participate in the negotiations unless the Parties
otherwise agree.
76.
Where the Final Agreement provides that the Parties, or any two of them, “will negotiate and
attempt to reach agreement”, those negotiations will be conducted as set out in the Dispute
Resolution Chapter, but none of the Parties are obliged to proceed to arbitration under Stage
Three of the Dispute Resolution Chapter unless, in a particular case, they are required to do so
under paragraph 28 of the Dispute Resolution Chapter.
Official Languages
77.
For greater certainty, the Parties acknowledge that the Official Languages Act applies to the
Final Agreement, including the execution of the Final Agreement.
Assignment
78.
Unless the Parties otherwise agree, the Final Agreement may not be assigned, either in whole or
in part, by any Party.
Enurement
79.
The Final Agreement will enure to the benefit of and be binding on the Parties and their
respective permitted assigns.
Deposit of Final Agreement
80.
The Parties will deposit a copy of the Final Agreement and any amendments to the Final
Agreement, including any instruments giving effect to an amendment, in the following
locations:
a)
b)
by Canada in:
i)
the Library of Parliament; and
ii)
the library of the Department of Indian Affairs and Northern Development in the
National Capital Region.
By British Columbia in:
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