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This Act is current to September 19, 2018
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Despite the above date, the Schedule to the Act, including the Map of Nisga'a Lands and the Appendices, is current to May 11, 2000. See "Amending Agreements" for amendments to the Schedule.

Nisga'a Final Agreement Act

[SBC 1999] CHAPTER 2

APPENDIX C
INTERESTS ON NISGA'A LANDS

Appendix C-1Interests on Nisga'a Lands
Appendix C-2Applicable forms of document for existing interests listed in Part 1 of Appendix C-1
Appendix C-3Applicable forms of document for Public Utility Transmission and Distribution Facilities listed in Part 2 of Appendix C-1
Appendix C-4Applicable forms of document for Roads listed in Part 3 of Appendix C-1
Appendix C-5Certificates of Possession issued by Canada on former Nisga'a Indian reserves on Nisga'a Lands
Appendix C-6Persons with an interest authorized by Band Council Resolution on former Nisga'a Indian reserves on Nisga'a Lands
Appendix C-7Angling guide licences, trapline licences and guide outfitter licence wholly or partially on Nisga'a Lands

Appendix C - 1
INTERESTS ON NISGA'A LANDS

Part 1 Existing Interests
Part 2 Public utility transmission and distribution facilities
Part 3 Roads

Part 1 of Appendix C - 1
Existing Interests

Interest HolderFacilityLocationPrevious
Document
Nisga'a Replacement Document
BC TELCommunication siteBlk. B of D.L. 2626, Cassiar
District (103P.025)
632928 BCLicence of Occupation for Communication Site with Road Access
 Communication site with buried power cable - Ishkeenickh siteSouth of
Laxgalts'ap (103P.003)
633669 BCLicence of Occupation for Communication Site with Utility Access
 Communication site - KwinyarhAlong Nass River (103P.014)633670 BCLicence of Occupation for Communication Site with Road Access and Utility Access
 Communication site - Aiyansh siteNear New
Aiyansh (103P.025)
633171 BCLicence of Occupation for Communication Site
 Communication siteOn former
Kincolith I.R. 14 (103I.091)
89339 CanLicence of Occupation for Telephone Exchange
 Communication siteOn former
Laxgalts'ap I.R. 9 (103P.003)
87527 CanLicence of Occupation for Telephone Exchange
British Columbia
Ministry of
Forests
Experimental PlotsNear SE corner of former Andequlay I.R. 8 (103P.003) and in D.L. 1734, Cassiar District (103P.036)Exp00702 Blocks 4 and 5 BCLicence of Occupation for Forestry
Experimental Plots
Ministry of
Transportation and Highways
Communication siteLocated on 103P.003File 6406499 BCLicence of Occupation for Provincial
Communication Site
British Columbia
Hydro and Power Authority
Communication siteNear Maughlin Cr. (103P.035)633793 BCLicence of Occupation for Hydro
Communication Site
Canada
Department of Fisheries and Oceans (Canadian Coast Guard)Navigation
Beacon
Leading Point (103I.091)Notation of Interest BCLicence of Occupation for a Navigational Light
 Navigation
Beacon
Fort Point (103I.091)Notation of Interest BCLicence of Occupation for a Navigational Light
 Navigation
Beacon
Mill Bay (103I.091)Notation of Interest BCLicence of Occupation for a Navigational Light
Environment
Canada
Hydrometric station and cablewayOn former Old Aiyansh I.R. (103P.025)28-2
Permit Can (File
70-444)
Licence of Occupation for a Hydrometric
Station
 Hydrometric stationNear Ansedagan Creek (103P.014) Licence of Occupation for a Hydrometric
Station
Canadian
Broadcasting
Corporation
Communication siteIn D.L. 2626,
Cassiar District (103P.025)
2659 BCLicence of Occupation for Communication Site and Road Access
Gitlakdamix Development
Corporation
Store and
laundry
Lot 19-6 in former New Aiyansh I.R. 1 (103P.025)85074 CanLease
N.D. Hayduk/
C.A. Hayduk
owners of Lot A of D.L. 1729,
Cassiar District, Plan 9553
Waterworks
Source - Hughan Brook
In D.L. 1718,
Cassiar District (103P.025)
Permit 16666 BC (Water Act)Permit of Occupation for Waterworks
N.D. Hayduk (P.H. Hugan's executor) owner of the S 1/2 of the S.W. 1/4 of
D.L. 1718,
Cassiar District, except Plans 5830 and 7486
Waterworks
Source - Hughan Brook
In D.L. 1718,
Cassiar District (103P.025)
Permit 20062 BC (Water Act)Permit of Occupation for Waterworks
Royal Canadian Mounted PoliceCommunication siteNear Kwinamuck Lake (103P.035)632776 BCLicence of Occupation for Communication Site
 Communication siteNear Ginlulak Creek (103P.003)634208 BCLicence of Occupation for Communication Site
The Board of School Trustees of School District No. 92 (Nisga'a)School siteLot 28 in former Gitwinksihlkw I.R. 7 (103P. 014)PC 1994-685
Section 53(1)
Lease Can
Lease
Sim Gan Forest CorporationCamp and officeNear Kwinatahl
River (103P.045)
SUP 19897
BC
Special Use Permit for Forestry Operations
 Dryland SortNear Kwinatahl
River (103P.035)
SUP 22417
BC
Special Use Permit for Forestry Operations
Skeena Cellulose IncLog sort and dumpNear Ginlulak (103P.003)SUP 9764 BCSpecial Use Permit for Forestry Operations
 Camp and officeNear SE corner of D.L. 2944,
Cassiar (103P.013)
SUP 16189 BCSpecial Use Permit for Forestry Operations
M.W. Spisak, owner of D.L. 1729, Cassiar
District, except Plans 8537 and 9553
Waterworks Source - Hughan BrookPt of D.L. 1718, Cassiar District (103P.025)Permit 20064 BC (Water Act)Permit of Occupation for Waterworks
TOK
Communications
Communication siteIn D.L. 2626,
Cassiar District (103P.025)
633073 BCLicence of Occupation for Communication Site and Road Access

Part 2 of Appendix C - 1
Public Utility Transmission and Distribution Facilities

Interest Holder Facility General Location Previous Document Nisga'a Replacement Document
British Columbia Hydro and Power AuthorityTransmission Line No.s 1L387 and 1L381Running from: Firstly: The
southerly
boundary of Nisga'a Lands near Fulmar Creek to the Aiyansh sub-station (Block A of D.L. 1726, Cassiar District); and Secondly: Aiyansh sub-station to the northwesterly boundary of Nisga'a Lands near Kwinatahl within D.L. 1661, Cassiar District, and Thirdly: Aiyansh sub-station to the northeasterly boundary of Nisga'a Lands within D.L. 1751, Cassiar District. All as generally depicted on Appendix A-2.
1634 BC
634078 BC
Grant of Right of Way and Licence for Public Utility Works to British Columbia Hydro and Power Authority (Hydro)
(Right of Way)
 Transmission lineRunning between Nisga'a Highway and Block B of 2626, Cassiar District 2087 BCGrant of Right of Way and Licence for Public Utility Works to Hydro (Right of Way)
 Transmission lineRunning from Aiyansh
sub-station to the S.E. 1/4 of D.L. 4011, Cassiar
District and
continuing in a general
southwesterly direction, passing through the village of Laxgalts'ap and former I.R.s, to Gingolx, with a feeder line to Gitwinksihlkw.
2116 BC
634145 BC
Permit 7491 Can
Permit 7493 Can
633472 BC
Permit 56112 Can
Grant of Right of Way and Licence for Public Utility Works to Hydro (Right of Way)
 Transmission LineRunning from Aiyansh
sub-station to Block B of D.L. 1726, Cassiar
District, Plan 7237
2116 BCGrant of Right of Way and Licence for Public Utility Works to Hydro (Right of Way)
 Distribution LinesWithin the Village of New AiyanshPermit
70-2156 Can
Grant of Right of Way and Licence for Public Utility Works to Hydro (Licence)
 Distribution LinesWithin the Village of Laxgalts'ap Permit X16157 and 54679 CanGrant of Right of Way and Licence for Public Utility Works to Hydro (Licence)
 Distribution LinesWithin the Village of GingolxPermit No. 56112Grant of Right of Way and Licence for Public Utility Works to Hydro (Licence)
 Distribution LinesWithin the Village of GitwinksihlkwPermit X16158Grant of Right of Way and Licence for Public Utility Works to Hydro (Licence)
 Other transmission and distribution facilitiesNisga'a Lands other than within Hydro rights of way areas, the above noted
Villages or areas in respect of which Hydro has been granted rights under a separate instrument in Appendix C
 Grant of Right of Way and Licence for Public Utility Works to Hydro (Licence)
BC TELDistribution LineOn former
Laxgalts'ap I.R. 9
80067, 81439 and 104253 CanGrant of Right of Way and Licence for
Telecommunications to BC TEL (Right of Way)
 Tele-
communication lines
Within the Village of New Aiyansh Grant of Right of Way and Licence for
Telecommunications to BC TEL (Licence)
 Tele-
communication lines
Within the Village of Laxgalts'ap Grant of Right of Way and Licence for
Telecommunications to BC TEL (Licence)
 Tele-
communication lines
Within the Village of Gingolx Grant of Right of Way and licence for public utility works to BC TEL (Licence)
 Tele-
communication lines
Within the Village of Gitwinksihlkw Grant of Right of Way and Licence for
Telecommunications to BC TEL (Licence)
 Other
distribution and tele-
communication facilities
Nisga'a Lands other than within BC TEL's right of way area, the above noted
Villages or areas in respect of which BC TEL has been granted rights under a separate instrument in Appendix C
 Grant of Right of Way and Licence for
Telecommunications to BC TEL (Licence)

Part 3 of Appendix C - 1

Roads

SECONDARY PROVINCIAL ROADS:

Rights of Way granted to British Columbia as represented by
the Minister of Transportation and Highways

Road No. 183 - between that portion of Nisga'a Highway running through the South 1/2 of District Lot 4011, Cassiar District and the northerly boundary of the Northeast 1/4 of District Lot 4011.
Map 103P. 025

Landfill Road - between Nisga'a Highway and the easterly boundary of District Lot 1714, Cassiar District.
Map 103P. 025

Road No. 179 (east portion) - between Nisga'a Highway and the westerly boundary of District Lot 1718.
Map 103P. 025

Road No. 179 (west portion) - between Nisga'a Highway and the left natural boundary of Nass River, passing through District Lots 1717, 1715, 1719, 1720, unsurveyed Crown land, and former Kitladamas Indian Reserve No.1.
Map 103P. 025

Road No. 325 - between Nisga'a Highway and the Grease Trail Forest Service Road (FSR 8672.01) and passing through Block B of District Lot 1726, Block A of District Lot 1730 and Block A of District Lot 3051.
Maps 103P. 025 and 026

Road access to District Lot 4015, Cassiar District - between Road No. 179 (west portion) and the easterly boundary of the District Lot.
Map 103P. 025

Road access to District Lot 3061, Cassiar District - between the Grease Trail Forest Service Road and the southerly boundary of the District Lot, and passing through District Lots 3058, 3054, and 3055.
Map 103P. 035

Rights of Way granted to British Columbia as represented
by the Minister of Forests

R04088 - Section A Tchitin River - running between junction with Nass Forest Service Road 942-7876.03 in the East 1/2 of District Lot 3128, Cassiar District, to its intersection with the boundary of Nisga'a Lands within District Lot 3129, Cassiar District.

Tchitin Road - Section 1 - running between RO4088 and the northerly boundary of Nisga'a Lands and being the most southerly spur within the northwest 1/4 of District Lot 3124, Cassiar District.

Tchitin Road - Section 2 - running between RO4088 and the northerly boundary of Nisga'a Lands and being the most northerly spur within the northwest 1/4 of District Lot 3124 Cassiar District.

Tchitin Road - Section 3 - running between RO4088 and the northerly boundary of Nisga'a Lands and being the most southerly spur within District Lot 3128, Cassiar District.

Tchitin Road - Section 4 - running between RO4088 and the northerly boundary of Nisga'a Lands and being the most northerly spur within District Lot 3128, Cassiar District.
Map sheet 103P.056

R07185 - Taylor Lake Road - running between junction with Nass Forest Service Road 942-07876.04, within the Northeast 1/4 of District Lot 3104, Cassiar District, and its intersection with the northerly boundary of Nisga'a Lands within District Lot 3111, Cassiar District.
Map 103P.045

R07521 - Section A South Kshadin - running between junction with Special Use Permit 9228 within District Lot 1661, Cassiar District, and its intersection with the boundary of Nisga'a Lands within District Lot 3098, Cassiar District.
Map 103P.045

R07694 - Sections A, B and C - Ksedin Creek - running from Nisga'a Highway in a general southeasterly direction to the boundary of Nisga'a Lands in the general vicinity of Ksedin Creek.
Maps 103P.003 and 103P.004

R07708 - Sections A and B - Beaupre Road

Section A - running from the boundary of Nisga'a Memorial Lava Bed Park in a general southerly direction to the boundary of Nisga'a Lands.

Section B - partially constructed with approximately 2.3 kms within Nisga'a Lands requiring construction.
Map 103P.015

R07816 - Sections A, B, C, C-1 and D - Ishkheenickh Road - running from Nisga'a Highway in a general southwesterly direction, with portions following the left and right banks of the Ishkheenickh River.
Maps 103I.083, 103I.093 and 103P.003

R07817 - Section A - Ksedin Creek - running from Nisga'a Highway in a general easterly direction to the boundary of Nisga'a Lands in the general vicinity of Ksemanaith Creek.
Maps 103P.003, 103P.004 and 103P.014

R07818 - Sections A and B - Hoadley Creek Road

Section A - running from the junction with the Nass Forest Service Road in District Lot 1731, Cassiar District, to the boundary of Nisga'a Lands in the vicinity of Hoadley Creek.

Section B - running from RO7818 - Section A easterly to the boundary of Nisga'a Lands and within District Lots 1743 and 1744.

Maps 103P.026 and 103P.036

R07889 - Sections A, B, and C - North Hoodoo Road

Section A - running from the junction with the Nass Forest Service Road near the southerly boundary of District Lot 1751, Cassiar District, and its junction with the Nass Forest Service Road within District Lot 4006, Cassiar District;

Section B - running between Section A of North Hoodoo Road and the easterly boundary of Nisga'a Lands within District Lot 1751, Cassiar District;

Section C - running in a northeasterly direction between Section A of North Hoodoo Road and the easterly boundary of Nisga'a Lands within District Lot 1759, Cassiar District;

Jackpine - Section 1 - running northeasterly from Section A of North Hoodoo Road to the easterly boundary of Nisga'a Lands within District Lot 1763, Cassiar District;

Jackpine - Section 2 - running in a northerly direction between Section A of North Hoodoo Road and the easterly boundary of Nisga'a Lands within District Lot 1772, Cassiar District; and

Jackpine - Section 3 - running northeasterly from Section A of North Hoodoo Road to the easterly boundary of Nisga'a Lands within District Lot 3079, Cassiar District.
Maps 103P.036 and 103P.046

RO10521 - Section A - Branch 5000 - running in a general southeasterly direction between Nisga'a Highway and the southerly boundary of Nisga'a Lands.
Maps 103P.003 and 103P.004

FSR 8672.01 - Section 01 - Grease Trail - running from junction with Road No. 325 within Block A of District Lot 1730, Cassiar District, to the northerly boundary of the BC Hydro.right of way, Plan 5612, which lies within District Lot 3063, Cassiar District.
Maps 103P.025 and 103P.035

FSR 7876.03 - Section 03 (Nass-Kinskuch) - running northwesterly between sections of the boundary of Nisga'a Lands from the northerly boundary of District Lot 4006 to the northerly boundary of District Lot 3128, Cassiar District;

Section 1 - running northeasterly from Nass-Kinskuch FSR within the north 1/2 of District Lot 3125, Cassiar District;

Section 3 - running in a general northerly direction from Kinskuch-Section 4 within the south 1/2 of District Lot 3125, Cassiar District; and

Section 4 - running in a general northeasterly direction from Nass-Kinskuch FRS within the south 1/2 of District Lot 3125, Cassiar District.
Maps 103P.046 and 103P.056

FSR 7876.04 - Section 04 (Nass -Kwinatahl) - runs southwesterly from its junction with FSR 7876.03 to the northwesterly boundary of Nisga'a Lands crossing the boundary within the East 1/2 of District Lot 3104, Cassiar District.
Maps 103P.045 and 103P.046

S.U.P 9228 Kshadin to Alice Arm (Amax of Canada) - running in a general southwesterly direction from Kshadin Creek, within District Lot 3101, to the southerly boundary of District Lot 1661, Cassiar District. This road straddles the boundary of Nisga'a Lands.
Maps 103P.035 and 103P.045

North Hoodoo Access Road 1 - running in a general northeasterly direction between North Hoodoo Road and the easterly boundary of Nisga'a Lands, within District Lots 1759 and 1763, Cassiar District.

North Hoodoo Access Road 2 - running in a general northeasterly direction between North Hoodoo Road and the easterly boundary of Nisga'a Lands, within District Lot 1768, Cassiar District.

North Hoodoo Access Road 3 - running in a general northeasterly direction between North Hoodoo Road and the easterly boundary of Nisga'a Lands, within District Lot 1772, Cassiar District.

North Hoodoo Access Road 4 - running in a general northeasterly direction between North Hoodoo Road and the easterly boundary of Nisga'a Lands, within District Lot 4003, Cassiar District.

SECONDARY PROVINCIAL ROAD EXTENSIONS

North Hoodoo Access Road - Site 1 Extension - Of the two locations identified only one is to be selected by British Columbia running in a general northeasterly direction between North Hoodoo Road and the easterly boundary of Nisga'a Lands, within District Lot 1768, Cassiar District.

North Hoodoo Access Road - Site 2 Extension - running in an easterly direction between North Hoodoo Road and the easterly boundary of Nisga'a Lands, within District Lots 1777 and 3077, Cassiar District.

PRIVATE ROADS:

Private Easements

Access to Woodlot Licence 141
William Knight
Ref. Map 103P.035
Access to Fractional N.E. 1/4 of D.L. 3063, Cassiar District
Nass Cattle Company Ltd. Inc. #346159
Ref. Map 103P.035
Access to D.L. 3053, Cassiar District
E. Fleenor/ C.E. Fleenor/ D. Dimaggio
Ref. Map 103P.025
Access to S.E. 1/4 of D.L. 2627, Cassiar District
HW Riemer
Ref. Map 103P.015

BRITISH COLUMBIA HYDRO AND POWER
AUTHORITY (HYDRO) ACCESS ROADS:

Roads appurtenant to Public Utility Works

Road No. 1 - enters Nisga'a Lands at Fulmar Creek and continues in a general northwesterly direction, passing through unsurveyed Nisga'a Land, District Lots 4014 and 2627, to the northerly boundary of District Lot 2627, using a main logging road and spurs. Includes four separate access branches.
Maps 103P.015 and 103P.016

Road No. 2 - trail between Block B of District Lot 2626, and the main hydro line in the vicinity of the southerly boundary of District Lot 2625.
Map 103P.025

Road No. 3 - an existing road between Nisga'a Highway and Hydro's right of way near the southerly boundary of District Lot 1722.
Map 103P.025

Road No. 4 - an existing road between Nisga'a Highway and Hydro's right of way in the Northwest 1/4 of District Lot 1723.
Map. 103P.025

Road No. 5 - an existing road between Nisga'a Highway and Hydro's right of way lying south of Block A of District Lot 1726.
Map 103P.026

Road No. 6 - an existing road between Nisga'a Highway and Hydro's right of way in the southeast corner of District Lot 1730.
Map 103P.026

Road No. 7 - access spur between Nisga'a Highway and Hydro's right of way in the vicinity of the southerly boundary of District Lot 1734.
Map 103P.036

Road No. 8 - an existing trail between Nisga'a Highway and Hydro's right of way in the vicinity of the northerly boundary of District Lot 1734.
Map 103P.036

Road No. 9 - access road between Nisga'a Highway and Hydro's right of way running southwesterly from the highway passing through District Lots 1746, 1742, 1741, and 1738 along decommissioned roads. Includes one access spur.
Map 103P.036

Road No. 10 - access road between Grease Trail Forest Service Road and Hydro's right of way, running in a northeasterly direction within District Lot 3063.
Map 103P.036

Road No. 11 - access road between Grease Trail Forest Service Road and Hydro's right of way, running in a westerly direction within District Lot 3066.
Map 103P.035

Road No. 12 - access road between S.U.P. 9228 (Kshadin to Alice Arm) and Hydro's right of way, running is a southerly direction passing through District Lot 166I along former RO6419.
Map 103P.035

Road No. 13 - From Nisga'a Highway to the easterly boundary of Block B of District Lot 1726, Cassiar District.
Map 103P.025 and 103P. 026

Road No. 14 - From Nisga'a Highway to Block B of District Lot 2626, Cassiar District.
Map 103P.025

Appendix C - 2
APPLICABLE FORMS OF DOCUMENT FOR EXISTING
INTERESTS LISTED IN PART 1 OF APPENDIX C - 1

Document 1Licence of Occupation for Communication Site
Document 2Licence of Occupation for Provincial Communication Site
Document 3Licence of Occupation for Communication Site with Utility Access
Document 4Licence of Occupation for Communication Site with Road Access
Document 5Licence of Occupation for Communication Site with Road Access and Utility Access
Document 6Licence of Occupation for Hydro Communication Site
Document 7Licence of Occupation for Forestry Experimental Plots
Document 8Licence of Occupation for a Hydrometric Station
Document 9Licence of Occupation for a Navigational Light
Document 10Licence of Occupation for Telephone Exchange
Document 11Permit of Occupation for Waterworks
Document 12Special Use Permit for Forestry Operations
Document 13Leases (not published)

Appendix C - 2
Document 1

License of Occupation for Communication Site

THIS AGREEMENT made this __________ day of ____________________ , 199

BETWEEN:

NISGA'A NATION, of

____________________
(the "Owner")

AND:

of ____________________
(the "Licensee")

Whereas the Owner has agreed to grant to the Licensee a license to enter on and use that parcel of land (the "Land") located generally in the vicinity of ________________ and described in the schedule attached and entitled "Legal Description";

Now therefore in consideration of the fee to be paid by, and the covenants of, the Licensee, the parties agree as follows:

Article 1 - Grant of License

1.1 The Owner, on the terms set forth herein, hereby grants to the Licensee a license to enter on and use the Land for the purpose of constructing and maintaining for communication purposes any building, tower, road, antennae, powerline or other physical infrastructure shown in the site plan and site elevation drawing forming part of the Legal Description Schedule (the "Civil Infrastructure").

Article 2 - Duration

2.1 The duration of the license and the rights herein granted shall be for a term of 20 years commencing on the         day of   , 199    (the "Commencement Date") unless cancelled in accordance with Article 6.

2.2 Notwithstanding anything to the contrary in this license, so long as:

(a) the Licensee is not in default of any of the material terms or conditions of this license; and

(b) the Licensee has given the Owner, not more than · days prior to the expiration of the term herein granted, notice in writing of the Licensee's wish to re-apply for a new license to enter on and use the Land

the Owner may agree to offer a new license to the Licensee by notice to the Licensee, in writing, on the terms and conditions determined by the Owner and contained in the notice. The Licensee shall have a period of 60 days from the date of receipt of the notice from the Owner to accept a new license to enter on and use the Land by executing the new license contained in the notice and delivering it to the Owner.

Article 3 - License Fee

3.1 The Licensee shall pay to the Owner an annual license fee during the term of this license, in advance, as follows:

(a) during the first five years of the term of this license (the "Initial Fee Period"), the Licensee shall pay to the Owner:

(i) on the Commencement Date, the sum of · ; and

(ii) on each annual anniversary of the Commencement Date during the Initial Fee Period, a sum equal to the greater of:

(1) the annual license fee for the immediately preceding year; and

(2) the amount which would be payable on that date under the then- existing policies of the Province of British Columbia with respect to the payment of rent for communication sites located on similar Crown Land (the "Provincial Policies"); and

(b) during each subsequent five year period over the term of this license (a "Subsequent Fee Period"), the Licensee shall pay to the Owner on each annual anniversary of the Commencement Date a sum equal to the greatest of:

(i) the annual license fee for the immediately preceding year,

(ii) the amount which would be payable on that date under the then-existing Provincial Policies, or

(iii) the annual fair market rent for the Subsequent Fee Period, if that annual fair market rent has been determined:

(1) by written agreement between the Owner and the Licensee prior to the Subsequent Fee Period; or

(2) pursuant to the dispute resolution process set out in Article 10, invoked by the Owner or the Licensee prior to the Subsequent Fee Period.

3.2 In this Article, "annual fair market rent" means the fee which a willing licensee at arm's length from the Owner would pay to the Owner in respect of the Land excluding any allocation of value to any fixtures or improvements located on the Land:

(a) belonging to the Licensee; or

(b) not available for use by the Licensee.

Article 4 - Covenants of the Licensee

4.1 The Licensee covenants with the Owner:

(a) to pay the license fee due at the address of the Owner set out above or at such other place as the Owner may specify from time to time by the giving of notice to the Licensee in accordance with Article 8;

(b) to pay and discharge when due all applicable taxes, levies, charges and assessments now or hereafter assessed, levied or charged that relate to the Land or any of the Licensee's improvements thereon (the "Realty Taxes") that the Licensee is liable to pay;

(c) to observe, abide by and comply with all applicable laws, bylaws, orders, directions, ordinances and regulations of any competent government authority in any way affecting the Land and improvements situate thereon, or their use and occupation;

(d) not to commit or suffer any wilful or voluntary waste, spoil or destruction on the Land or do or suffer to be done thereon by its employees, contractors, agents, invitees or anyone for whom the Licensee is responsible at law anything that may be or become a nuisance to the Owner or to the occupiers of adjoining land;

(e) to deliver to the Owner from time to time, upon demand, proof of insurance provided for in subsection (k), receipts or other evidence of payment of Realty Taxes, insurance premiums and other monetary obligations of the Licensee required to be observed by the Licensee pursuant to this license;

(f) to indemnify and save harmless the Owner against all losses, damages, costs and liabilities, including fees of solicitors and other professional advisors, arising out of:

(i) any breach, violation or non-performance of any covenant, condition or agreement in this license by the Licensee, or

(ii) any personal injury, death or property damage arising out of the Licensee's use and occupation of the Land

and the Owner may add the amount of such losses, damages, costs and liabilities to the Fee and the amount so added shall be payable to the Owner immediately;

(g) to keep the Land in a safe, clean and sanitary condition satisfactory to the Owner acting reasonably, and to make safe, clean and sanitary any portion of the Land or any improvement thereon that the Owner, acting reasonably, may direct by notice in writing to the Licensee;

(h) to permit the Owner or its authorized representative to enter upon the Land at any time to examine its condition;

(i) to use and occupy the Land in accordance with the provisions of this license including those set forth in the schedule attached and entitled "Special Provisos";

(j) on the expiration or at the earlier cancellation of this license:

(i) to quit peaceably and deliver possession of the Land to the Owner,

(ii) to remove from the Land all above-ground buildings, machinery, plant equipment and apparatus and all other improvements to or things on the Land erected or placed on the Land by the Licensee, and

(iii) to restore the surface of the Land to the satisfaction of the Owner acting reasonably,

and to the extent necessary, this covenant shall survive the expiration or cancellation of this license;

(k) to effect and keep in force during the term insurance protecting the Owner and the Licensee (without any rights of cross-claim or subrogation against the Owner) against claims for personal injury, death, property damage or third party or public liability claims arising from any accident or occurrence on the Land to an amount not less than $1,000,000.00; except, however, that the Owner may, in its sole discretion, waive the requirements of this subsection on the delivery to the Owner of evidence that the Licensee is self insured;

(l) notwithstanding subsection (k), the Owner may from time to time notify the Licensee that the amount of insurance posted by the Licensee pursuant to that subsection be changed and the Licensee shall, within 60 days of receiving such notice, cause the amount of insurance posted, pursuant to subsection (k) to be changed to the amount specified by the Owner, acting reasonably, in the notice and deliver to the Owner written confirmation of the change, except that when the Licensee is self-insuring this section shall not apply;

(m) not to interfere with the activities, works or other improvements of any other person who enters on or uses or occupies the Land under a subsequent right or interest granted by the Owner, or who is otherwise authorized by the Owner to enter on or use or occupy the Land, in accordance with Section 9.3; and

(n) on request of the Owner, to provide to the Owner an inventory of communication uses sufficient to allow the calculation of fees under the Provincial Policies.

Article 5 - Assignment

5.1 The Licensee shall not assign this license or grant a sublicense of any part of the Land without the prior written consent of the Owner, which consent shall not be unreasonably withheld.

5.2 Notwithstanding section 5.1, the Licensee may, without the prior written consent of the Owner, assign its interest in all or a part of the Land to an affiliate (as defined in the Company Act, RSBC 1996) of the Licensee provided that the Licensee gives written notice of any such change at least 120 days prior to the next anniversary date of the term of this license.

5.3 No assignment or sublicensing pursuant to sections 5.1 or 5.2, nor the Owner's consent thereto, will relieve the Licensee from the observance and performance of the Licensee's obligations contained in this license.

Article 6 - Cancellation

6.1 If the Licensee fails to observe or perform any term contained herein, and such failure continues after the giving of the written notice by the Owner to the Licensee of the nature of the failure for a period of:

(a) 30 days; or

(b) 150 days, if the failure because of its nature would reasonably require more than 30 days to cure, and provided that the Licensee is proceeding diligently and continuously to cure the failure throughout

then the Owner may cancel this license and, notwithstanding subsection 4.1 (j), any fixtures to the Land shall become, at the discretion of the Owner, the property of the Owner.

6.2 If this license is taken in execution or attachment by any person, or the Licensee commits an act of bankruptcy, becomes insolvent, is petitioned into bankruptcy or voluntarily enters into an arrangement with his creditors, the Owner may, on 90 days written notice to the Licensee, cancel this license and the rights herein granted.

6.3 If the Licensee ceases to use the Land for the purposes permitted herein and the Licensee does not recommence its use of the Land within 180 days of receipt of written notice from the Owner, the Owner may immediately cancel this license and the rights herein granted.

6.4 If the Owner requires a portion of the Land for a public purpose, the Owner may, in accordance with section 6.5 and on 180 days written notice to the Licensee, cancel this license and the rights herein granted with respect to no more than 5% of the whole of the Land.

6.5 Concurrently with the notice referred to in section 6.4, the Owner will give the Licensee written notice that the Owner will, at its cost, relocate the Licensee's structures and improvements that are materially affected by the cancellation in Section 6.4 to a different location on the Land or to a location on other land immediately adjacent to the Land (the "New Location"). The New Location must, in the reasonable opinion of the Licensee, be of sufficient size to accommodate the Licensee's structures and improvements and be equally suitable for the purposes of the Licensee. The Owner will pay for any reasonable costs of moving the Licensee and its structures and improvements to the New Location. If the Licensee's structures and improvements cannot be moved to the New Location, the Owner will pay to the Licensee the reasonable costs of constructing new improvements on the New Location. As full compensation for all other costs, expenses and damages that the Licensee may incur in connection with the relocation, including disruption and loss of business, the parties shall agree on a lump sum payment and failing agreement, the matter shall be referred to arbitration pursuant to Article 10. All other terms and conditions of this license will apply to the New Location for the balance of the original term.

6.6 The Licensee may deliver a written notice to the Owner cancelling this license and thereafter the license and the rights herein granted will terminate 180 days after the date of receipt by the Owner of such written notice.

6.7 Notwithstanding subsection 4.1 (j), any building, machinery, plant, equipment, apparatus or other improvements to the Land (collectively, the "Improvements") that remains unremoved from the Land:

(a) upon the cancellation of this license pursuant to section 6.1, section 6.4 or section 6.6; or

(b) thirty days after the expiration of this license or the cancellation of this license pursuant to section 6.2 or section 6.3 (provided that if further time is reasonably required because of the nature of the Improvements or because of other constraints beyond the control of the Licensee, including weather, and provided that the Licensee is proceeding diligently and continuously to remove such Improvements, the 30 day time for removal will be extended to 150 days after the expiration or cancellation of this license),

shall, at the discretion of the Owner, be forfeited to and become the property of the Owner.

6.8 If the Owner elects to assume ownership of any Improvements pursuant to section 6.7, the Owner may remove them from the Land and the Licensee shall, on demand, compensate the Owner for all costs incurred by the Owner respecting their removal.

6.9 The rights of the Owner under section 6.7 and section 6.8 shall be deemed to survive the expiration or earlier cancellation of this license.

Article 7 - Security

7.1 The security in the sum of $· and all rights, privileges, benefits and interests accruing thereto delivered by the Licensee to the Owner (herein called the "Security") to guarantee the performance of the Licensee's obligations under this license shall be maintained in effect until such time as the Owner certifies in writing that such obligations have been fully performed. The Owner may, in its sole discretion, waive the requirements of this section.

7.2 In the event the Licensee defaults in the performance of any of its obligations hereunder, the Owner may, in its sole discretion, sell, call in and convert the Security, or any part of it, and such Security shall be deemed to have been absolutely forfeited to the Owner.

7.3 The rights of the Owner under this Article shall be deemed to continue in full force and effect notwithstanding the expiration or earlier cancellation of this license.

7.4 Notwithstanding any amount of Security stated to be required under section 7.1 the Owner may, acting reasonably, from time to time by notice to the Licensee, demand the amount to be changed to that specified in a notice and the Licensee shall, within 60 days of such notice, change the Security to that specified and provide the Owner with evidence of the change, except that while Security is waived under section 7.1 this section shall not apply.

Article 8 - Notice

8.1 Whenever service of a notice or a document is required under this license, the notice or documents shall be in writing and shall be deemed to have been served if delivered to, or if sent by prepaid registered mail addressed to, the Owner or the Licensee, as the case may be, at the addresses specified for each on the first page of this license, and where service is by registered mail the notice or document shall be conclusively deemed to have been served on the eighth day after its deposit in a Canada Post office at any place in Canada. If there is a disruption in mail service caused by labour dispute, civil unrest or other events beyond the control of the parties, between mailing and actual receipt of such notice, the party sending such notice will re-send by courier, fax or other electronic means and such notice will only be effective if actually received.

8.2 Either party may, by notice in writing to the other, specify another address for service of notices under this license and after another address has been specified under this section, notices shall be mailed to that address in accordance with this Article.

Article 9 - Miscellaneous

9.1 No term, condition, covenant or other provision herein shall be considered to have been waived by the Owner unless such waiver is expressed in writing by the Owner. Any such waiver of any term, condition, covenant or other provision herein shall not be construed as or constitute a waiver of any further or other breach of the same or any other term, condition, covenant, or other provision and the consent or approval of the Owner to any act by the Licensee requiring the consent or approval of the Owner shall not be considered to waive or render unnecessary such consents or approvals to any subsequent similar act by the Licensee.

9.2 No remedy conferred upon or reserved to the Owner is exclusive of any other remedy herein or provided by law, but such remedy shall be cumulative and shall be in addition to any other remedy herein or hereafter existing at law, in equity, or by statute.

9.3 This license shall not entitle the Licensee to exclusive possession of the Land and the Owner may, for any purpose, grant to others interests in the Land or rights to enter on or use or occupy the Land, or may otherwise authorize other persons to enter on or use or occupy the Land, so long as the grant or authorization does not materially affect the exercise of the Licensee's rights hereunder. The question of whether a grant materially affects the exercise of the Licensee's rights hereunder shall be determined by the Owner acting reasonably. If the Owner, by written instrument, grants a license, right or interest to others to use or occupy the Land, such grant will contain a provision identical to subsection 4.1 (g) of this license obligating the new grantee to keep the Land in a safe, clean and sanitary condition satisfactory to the Owner.

9.4 The terms and provisions of this license shall extend to, be binding upon and enure to the benefit of the parties hereto and their successors and permitted assigns.

9.5 Time is of the essence in this agreement.

Article 10 - Dispute Resolution

10.1 In this Article, "dispute" means any dispute arising out of or in connection with this license or in respect of any defined legal relationship associated with it or derived from it.

10.2 The parties agree to attempt to resolve all disputes by negotiations conducted in good faith and to provide timely disclosure of all relevant facts, information and documents to further those negotiations.

10.3 If a dispute is not settled through direct negotiations either party may request the British Columbia International Commercial Arbitration Centre (BCICAC) to appoint a mediator to conduct a mediation under its mediation rules of procedure.

10.4 If a dispute is not settled within 15 days of the appointment of the mediator or any further period of time agreed to by the parties, the dispute shall be referred to and finally resolved by arbitration before a single arbitrator under the arbitration rules of procedure of the BCICAC.

10.5 If the BCICAC is unavailable or unable to administer the mediation or arbitration of a dispute under its rules of procedure, the parties will select the rules of another institution.

Article 11 - Interpretation

11.1 In this license, unless the context otherwise requires, the singular includes the plural and the masculine includes the feminine gender and a corporation.

11.2 The captions and headings contained in this license are for convenience only and are not to be construed as defining or in any way limiting the scope or intent of the provisions herein.

11.3 If any section of this license or any part of a section is found to be illegal or unenforceable, that part or section, as the case may be, shall be considered separate and severable and the remaining parts and sections of this license shall not be affected thereby and shall be enforceable to the fullest extent permitted by law.

IN WITNESS WHEREOF, the parties have executed this license as of the day and year first above written.

SIGNED by a duly authorized signatory of )
)
in the presence of:)
____________________
Name
)
)
____________________
Authorized Signatory
____________________
Address
)
)
____________________)
)
SIGNED by a duly authorized signatory of )
)
in the presence of:)
____________________
Name
)
)
____________________
Authorized Signatory
____________________
Address
)
)
____________________)
)

LEGAL DESCRIPTION SCHEDULE

1. Legal Description

2. Sketch Plan

SPECIAL PROVISOS SCHEDULE

Special Provisos:

(1) The Licensee shall comply with the provisions of his Radio Station License issued by Communications Canada and any subsequent amendments to that license.

(2) The Licensee shall inform the Owner of any amendments to his Radio Station License.

Appendix C - 2
Document 2

License of Occupation for Provincial Communication Site

THIS AGREEMENT made this __________ day of ____________________ , 199

BETWEEN:

NISGA'A NATION, of

____________________
(the "Owner")

AND:

HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA, as represented by the Minister of Transportation and Highways of
of ____________________
(the "Licensee")

Whereas the Owner has agreed to grant to the Licensee a license to enter on and use that parcel of land (the "Land") located generally in the vicinity of ________________ and described in the schedule attached and entitled "Legal Description";

Now therefore in consideration of the fee to be paid by and the covenants of the Licensee, the parties agree as follows:

Article 1 - Grant of License

1.1 The Owner, on the terms set forth herein, hereby grants to the Licensee a license to enter on and use the Land for the purpose of constructing and maintaining for communication purposes any building, tower, road, antennae, powerline or other physical infrastructure shown in the site plan and site elevation drawing forming part of the Legal Description Schedule (the "Civil Infrastructure").

Article 2 - Duration

2.1 The duration of the license and the rights herein granted shall be for a term of 20 years commencing on the           day of , 199 (the "Commencement Date") unless cancelled in accordance with Article 6.

2.2 Notwithstanding anything to the contrary in this license, so long as:

(a) the Licensee is not in default of any of the material terms or conditions of this license; and

(b) the Licensee has given the Owner, not more than · days prior to the expiration of the term herein granted, notice in writing of the Licensee's wish to re-apply for a new license to enter on and use the Land

the Owner may agree to offer a new license to the Licensee by notice to the Licensee, in writing, on the terms and conditions determined by the Owner and contained in the notice. The Licensee shall have a period of 60 days from the date of receipt of the notice from the Owner to accept a new license of the Land by executing the new license contained in the notice and delivering it to the Owner.

Article 3 - License Fee

3.1 The Licensee shall pay to the Owner a license fee of $1.00 for the entire term.

Article 4 - Covenants of the Licensee

4.1 The Licensee covenants with the Owner:

(a) to pay and discharge when due all applicable taxes, levies, charges and assessments now or hereafter assessed, levied or charged that relate to the Land or any of the Licensee's improvements thereon (the "Realty Taxes") that the Licensee is liable to pay;

(b) to observe, abide by and comply with all applicable laws, bylaws, orders, directions, ordinances and regulations of any competent government authority in any way affecting the Land and improvements situate thereon, or their use and occupation;

(c) not to commit or suffer any wilful or voluntary waste, spoil or destruction on the Land or do or suffer to be done thereon by its employees, contractors, agents, invitees or anyone for whom the Licensee is responsible at law anything that may be or become a nuisance to the Owner or to the occupiers of adjoining land;

(d) to deliver to the Owner from time to time, upon demand, proof of insurance provided for in subsection (j), receipts or other evidence of payment of Realty Taxes, insurance premiums and other monetary obligations of the Licensee required to be observed by the Licensee pursuant to this license;

(e) to indemnify and save harmless the Owner against all losses, damages, costs and liabilities, including fees of solicitors and other professional advisors, arising out of:

(i) any breach, violation or non-performance of any covenant, condition or agreement in this license by the Licensee, or

(ii) any personal injury, death or property damage arising out of the Licensee's use and occupation of the Land

and the amount of such losses, damages, costs and liabilities shall be payable to the Owner immediately;

(f) to keep the Land in a safe, clean and sanitary condition satisfactory to the Owner acting reasonably, and to make safe, clean and sanitary any portion of the Land or any improvement thereon that the Owner, acting reasonably, may direct by notice in writing to the Licensee;

(g) to permit the Owner or its authorized representative to enter upon the Land at any time to examine its condition;

(h) to use and occupy the Land in accordance with the provisions of this license including those set forth in the schedule attached and entitled "Special Provisos";

(i) on the expiration or at the earlier cancellation of this license:

(i) to quit peaceably and deliver possession of the Land to the Owner,

(ii) to remove from the Land all above-ground buildings, machinery, plant equipment and apparatus and all other improvements to or things on the Land erected or placed on the Land by the Licensee, and

(iii) to restore the surface of the Land to the satisfaction of the Owner acting reasonably,

and to the extent necessary, this covenant shall survive the expiration or cancellation of this license;

(j) to effect, and keep in force during the term, insurance protecting the Owner and the Licensee (without any rights of cross-claim or subrogation against the Owner) against claims for personal injury, death, property damage or third party or public liability claims arising from any accident or occurrence on the Land to an amount not less than $1,000,000.00; except that so long as the Licensee is Her Majesty the Queen in Right of the Province of British Columbia or a British Columbia crown corporation, the Owner will waive the requirements of this subsection on the delivery to the Owner of confirmation that the Licensee is self insured;

(k) notwithstanding subsection (j), the Owner may from time to time notify the Licensee that the amount of insurance posted by the Licensee pursuant to that subsection be changed and the Licensee shall, within 60 days of receiving such notice, cause the amount of insurance posted, pursuant to subsection (j) to be changed to the amount specified by the Owner, acting reasonably, in the notice and deliver to the Owner written confirmation of the change, except that when the Licensee is self-insuring this section shall not apply; and

(l) not to interfere with the activities, works or other improvements of any other person who enters on or uses or occupies the Land under a subsequent right or interest granted by the Owner, or who is otherwise authorized by the Owner to enter on or use or occupy the Land, in accordance with Section 9.3.

Article 5 - Assignment

5.1 The Licensee shall not assign this license or grant a sublicense of any part of the Land without the prior written consent of the Owner, which consent shall not be unreasonably withheld.

5.2 Notwithstanding section 5.1, the Licensee may, without the prior written consent of the Owner, assign its interest in all or a part of the Land to a British Columbia crown corporation provided that the Licensee gives written notice of any such change at least 120 days prior to the next anniversary date of the term of this license.

5.3 No assignment or sublicensing pursuant to sections 5.1 or 5.2, nor the Owner's consent thereto, will relieve the Licensee from the observance and performance of the Licensee's obligations contained in this license.

Article 6 - Cancellation

6.1 If the Licensee fails to observe or perform any term contained herein, and such failure continues after the giving of the written notice by the Owner to the Licensee of the nature of the failure for a period of:

(a) 30 days; or

(b) 150 days, if the failure because of its nature would reasonably require more than 30 days to cure, and provided that the Licensee is proceeding diligently and continuously to cure the failure throughout

then, and in any such case, the Owner may cancel this license and, notwithstanding subsection 4.1 (i), any fixtures to the Land shall become, at the discretion of the Owner, the property of the Owner.

6.2 If this license is taken in execution or attachment by any person, or the Licensee commits an act of bankruptcy, becomes insolvent, is petitioned into bankruptcy or voluntarily enters into an arrangement with his creditors, the Owner may, on 90 days written notice to the Licensee, cancel this license and the rights herein granted.

6.3 If the Licensee ceases to use the Land for the purposes permitted herein and the Licensee does not recommence its use of the Land within 180 days of receipt of written notice from the Owner, the Owner may immediately cancel this license and the rights herein granted.

6.4 If the Owner requires a portion of the Land for a public purpose, the Owner may, in accordance with section 6.5 and on 180 days written notice to the Licensee, cancel this license and the rights herein granted with respect to no more than 5% of the whole of the Land.

6.5 Concurrently with the notice referred to in section 6.4, the Owner will give the Licensee written notice that the Owner will, at its cost, relocate the Licensee's structures and improvements that are materially affected by the cancellation in Section 6.4 to a different location on the Land or to a location on other land immediately adjacent to the Land (the "New Location"). The New Location must, in the reasonable opinion of the Licensee, be of sufficient size to accommodate the Licensee's structures and improvements and be equally suitable for the purposes of the Licensee. The Owner will pay for any reasonable costs of moving the Licensee and its structures and improvements to the New Location. If the Licensee's structures and improvements cannot be moved to the New Location, the Owner will pay to the Licensee the reasonable costs of constructing new improvements on the New Location. As full compensation for all other costs, expenses and damages that the Licensee may incur in connection with the relocation, including disruption and loss of business, the parties shall agree on a lump sum payment and failing agreement, the matter shall be referred to arbitration pursuant to Article 10. All other terms and conditions of this license will apply to the New Location for the balance of the original term.

6.6 The Licensee may deliver a written notice to the Owner cancelling this license and thereafter the license and the rights herein granted will terminate 180 days after the date of receipt by the Owner of such written notice.

6.7 Notwithstanding subsection 4.1 (i), any buildings, machinery, plant, equipment and apparatus and all other improvements to the Land (collectively, the "Improvements") that remain unremoved from the Land:

(a) upon the cancellation of this license pursuant to section 6.1, section 6.4 or section 6.6; or

(b) thirty days after the expiration or cancellation of this license pursuant to section 6.2 or section 6.3 (provided that if further time is reasonably required because of the nature of the Improvements or because of other constraints beyond the control of the Licensee, including weather, and provided that the Licensee is proceeding diligently and continuously to remove such Improvements, the 30 day time for removal will be extended to 150 days after the expiration or cancellation of this license)

shall, at the discretion of the owner, be forfeited to and become the property of the Owner.

6.8 If the Owner elects to assume ownership of any above-ground Improvements pursuant to section 6.7, the Owner may remove them from the Land and the Licensee shall, on demand, compensate the Owner for all costs incurred by the Owner respecting their removal.

6.9 The rights of the Owner under section 6.7 and section 6.8 shall be deemed to survive the expiration or earlier cancellation of this license.

Article 7 - Security

7.1 The security in the sum of $1.00 and all rights, privileges, benefits and interests accruing thereto delivered by the Licensee to the Owner (herein called the "Security") to guarantee the performance of the Licensee's obligations under this license shall be maintained in effect until such time as the Owner certifies in writing that such obligations have been fully performed. So long as the Licensee is Her Majesty the Queen in Right of the Province of British Columbia or a British Columbia crown corporation, the Owner will waive the requirements of this section.

7.2 In the event the Licensee defaults in the performance of any of its obligations hereunder, the Owner may, in its sole discretion, sell, call in and convert the Security, or any part of it, and such Security shall be deemed to have been absolutely forfeited to the Owner.

7.3 The rights of the Owner under this Article shall be deemed to continue in full force and effect notwithstanding the expiration or earlier cancellation of this license.

7.4 Notwithstanding any amount of Security stated to be required under section 7.1, the Owner may, acting reasonably, from time to time by notice to the Licensee, demand the amount to be changed to that specified in a notice and the Licensee shall, within 60 days of such notice, change the Security to that specified and provide the Owner with evidence of the change, except that while Security is waived under section 7.1, this section shall not apply.

Article 8 - Notice

8.1 Whenever service of a notice or a document is required under this license, the notice or documents shall be in writing and shall be deemed to have been served if delivered to, or if sent by prepaid registered mail addressed to, the Owner or the Licensee, as the case may be, at the addresses specified for each on the first page of this license, and where service is by registered mail the notice or document shall be conclusively deemed to have been served on the eighth day after its deposit in a Canada Post office at any place in Canada. If there is a disruption in mail service caused by labour dispute, civil unrest or other events beyond the control of the parties, between mailing and actual receipt of such notice, the party sending such notice will re-send by courier, fax or other electronic means and such notice will only be effective if actually received.

8.2 Either party may, by notice in writing to the other, specify another address for service of notices under this license and after another address is specified under this section, notices shall be mailed to that address in accordance with this Article.

Article 9 - Miscellaneous

9.1 No term, condition, covenant or other provision herein shall be considered to have been waived by the Owner unless such waiver is expressed in writing by the Owner. Any such waiver of any term, condition, covenant or other provision herein shall not be construed as or constitute a waiver of any further or other breach of the same or any other term, condition, covenant, or other provision and the consent or approval of the Owner to any act by the Licensee requiring the consent or approval of the Owner shall not be considered to waive or render unnecessary such consents or approvals to any subsequent similar act by the Licensee.

9.2 No remedy conferred upon or reserved to the Owner is exclusive of any other remedy herein or provided by law, but such remedy shall be cumulative and shall be in addition to any other remedy herein or hereafter existing at law, in equity, or by statute.

9.3 This license shall not entitle the Licensee to exclusive possession of the Land and the Owner may, for any purpose, grant to others interests in the Land or rights to enter on or use or occupy the Land, or may otherwise authorize other persons to enter on or use or occupy the Land, so long as the grant or authorization does not materially affect the exercise of the Licensee's rights hereunder. The question of whether a grant materially affects the exercise of the Licensee's rights hereunder shall be determined by the Owner acting reasonably. If the Owner, by written instrument, grants a license, right or interest to others to use or occupy the Land, such grant will contain a provision identical to subsection 4.1 (f) of this license obligating the new grantee to keep the Land in a safe, clean and sanitary condition satisfactory to the Owner.

9.4 The terms and provisions of this license shall extend to, be binding upon and enure to the benefit of the parties hereto and their successors and permitted assigns.

9.5 Time is of the essence in this agreement.

Article 10 - Dispute Resolution

10.1 In this Article, "dispute" means any dispute arising out of or in connection with this license or in respect of any defined legal relationship associated with it or derived from it.

10.2 The parties agree to attempt to resolve all disputes by negotiations conducted in good faith and to provide timely disclosure of all relevant facts, information and documents to further those negotiations.

10.3 If a dispute is not settled through direct negotiations either party may request the British Columbia International Commercial Arbitration Centre (BCICAC) to appoint a mediator to conduct a mediation under its mediation rules of procedure.

10.4 If a dispute is not settled within 15 days of the appointment of the mediator or any further period of time agreed to by the parties, the dispute shall be referred to and finally resolved by arbitration before a single arbitrator under the arbitration rules of procedure of the BCICAC.

10.5 If the BCICAC is unavailable or unable to administer the mediation or arbitration of a dispute under its rules of procedure, the parties will select the rules of another institution.

Article 11 - Interpretation

11.1 In this license, unless the context otherwise requires, the singular includes the plural and the masculine includes the feminine gender and a corporation.

11.2 The captions and headings contained in this license are for convenience only and are not to be construed as defining or in any way limiting the scope or intent of the provisions herein.

11.3 If any section of this license or any part of a section is found to be illegal or unenforceable, that part or section, as the case may be, shall be considered separate and severable and the remaining parts and sections of this license shall not be affected thereby and shall be enforceable to the fullest extent permitted by law.

IN WITNESS WHEREOF, the parties have executed this license as of the day and year first above written.

SIGNED by a duly authorized signatory of )
)
in the presence of:)
____________________
Name
)
)
____________________
Authorized Signatory
____________________
Address
)
)
____________________)
)
SIGNED by a duly authorized signatory of )
)
in the presence of:)
____________________
Name
)
)
____________________
Authorized Signatory
____________________
Address
)
)
____________________)
)

LEGAL DESCRIPTION SCHEDULE

1. Legal Description

2. Sketch Plan

SPECIAL PROVISOS SCHEDULE

Special Provisos:

(1) The Licensee shall comply with the provisions of his Radio Station License issued by Communications Canada and any subsequent amendments to that license.

(2) The Licensee shall inform the Owner of any amendments to his Radio Station License.

Appendix C - 2
Document 3

License of Occupation for Communication Site
With Utility Access

THIS AGREEMENT made this __________ day of ____________________ , 199

BETWEEN:

NISGA'A NATION, of

____________________
(the "Owner")

AND:

of ____________________
(the "Licensee")

Whereas the Owner has agreed to grant to the Licensee a license to enter on and use that parcel of land (the "Land") located generally in the vicinity of ____________________ and described in the schedule attached and entitled "Legal Description"; and

Whereas the Owner has agreed to grant to the Licensee a license over a portion (the "Utility Area") of lands described in the schedule attached and entitled "Utility License" for the purpose of providing a powerline to the Land;

Now therefore in consideration of the fee to be paid by, and the covenants of, the Licensee, the parties agree as follows:

Article 1 - Grant of License

1.1 The Owner, on the terms set forth herein, hereby grants to the Licensee:

(a) a license to enter on and use the Land for the purpose of constructing and maintaining for communication purposes any building, tower, road, antennae, powerline or other physical infrastructure shown in the site plan and site elevation drawing forming part of the Legal Description Schedule (the "Civil Infrastructure"); and

(b) a license to enter on and use the Utility Area, with or without equipment, machinery and materials as reasonably required by the Licensee, to construct, instal, operate, maintain, repair, replace and use powerlines and all ancillary works on the Utility Area as reasonably required to provide power to the Land (the licenses in subsections 1.1 (a) and (b) are collectively "the License").

Article 2 - Duration

2.1 The duration of the License and the rights herein granted shall be for a term of 20 years commencing on the day of , 199 (the "Commencement Date") unless cancelled in accordance with Article 6.

2.2 Notwithstanding anything to the contrary in this License, so long as:

(a) the Licensee is not in default of any of the material terms or conditions of this License; and

(b) the Licensee has given the Owner, not more than · days prior to the expiration of the term herein granted, notice in writing of the Licensee's wish to re-apply for a new license to enter on and use the Land and the Utility Area

the Owner may agree to offer a new license to the Licensee by notice to the Licensee, in writing, on the terms and conditions determined by the Owner and contained in the notice. The Licensee shall have a period of 60 days from the date of receipt of the notice from the Owner to accept a new License to enter on and use the Land and the Utility Area by executing the new License contained in the notice and delivering it to the Owner.

Article 3 - License Fee

3.1 The Licensee shall pay to the Owner an annual License fee during the term of this License, in advance, as follows:

(a) during the first five years of the term of this License (the "Initial Fee Period"), the Licensee shall pay to the Owner:

(i) on the Commencement Date, the sum of · ; and

(ii) on each annual anniversary of the Commencement Date during the Initial Fee Period, a sum equal to the greater of:

(1) the annual License fee for the immediately preceding year; or

(2) the amount which would be payable on that date under the then-existing policies of the Province of British Columbia with respect to the payment of rent for communication sites located on similar Crown Land (the "Provincial Policies"); and

(b) during each subsequent five year period over the term of this License (a "Subsequent Fee Period"), the Licensee shall pay to the Owner on each annual anniversary of the Commencement Date a sum equal to the greatest of:

(i) the annual License fee for the immediately preceding year,

(ii) the amount which would be payable on that date under the then-existing Provincial Policies, or

(iii) the annual fair market rent for the Subsequent Fee Period, if that annual fair market rent has been determined:

(1) by written agreement between the Owner and the Licensee prior to the Subsequent Fee Period; or

(2) pursuant to the dispute resolution process set out in Article 10, invoked by the Owner or the Licensee prior to the Subsequent Fee Period.

3.2 In this Article, "annual fair market rent" means the fee which a willing licensee at arm's length from the Owner would pay to the Owner in respect of the Land excluding any allocation of value to any fixtures or improvements located on the Land:

(a) belonging to the Licensee; or

(b) not available for use by the Licensee.

Article 4 - Covenants of the Licensee

4.1 The Licensee covenants with the Owner:

(a) to pay the License fee due at the address of the Owner set out above or at such other place as the Owner may specify from time to time by the giving of notice to the Licensee in accordance with Article 8;

(b) to pay and discharge when due all applicable taxes, levies, charges and assessments now or hereafter assessed, levied or charged that relate to the Land or to the Utility Area or any of the Licensee's improvements thereon (the "Realty Taxes") that the Licensee is liable to pay;

(c) to observe, abide by and comply with all applicable laws, bylaws, orders, directions, ordinances and regulations of any competent government authority in any way affecting the Land or the Utility Area and improvements situate thereon, or their use and occupation;

(d) not to commit or suffer any wilful or voluntary waste, spoil or destruction on the Land or the Utility Area or do or suffer to be done thereon by its employees, contractors, agents, invitees or anyone for whom the Licensee is responsible at law anything that may be or become a nuisance to the Owner or to the occupiers of adjoining land;

(e) to deliver to the Owner from time to time, upon demand, proof of insurance provided for in subsection (k), receipts or other evidence of payment of Realty Taxes, insurance premiums and other monetary obligations of the Licensee required to be observed by the Licensee pursuant to this License;

(f) to indemnify and save harmless the Owner against all losses, damages, costs and liabilities, including fees of solicitors and other professional advisors, arising out of:

(i) any breach, violation or non-performance of any covenant, condition or agreement in this license by the Licensee, or

(ii) any personal injury, death or property damage arising out of the Licensee's use and occupation of the Land or the Utility Area

and the Owner may add the amount of such losses, damages, costs and liabilities to the Fee and the amount so added shall be payable to the Owner immediately;

(g) to keep the Land and the Utility Area in a safe, clean and sanitary condition satisfactory to the Owner acting reasonably, and to make safe, clean and sanitary any portion of the Land and the Utility Area or any improvement thereon that the Owner, acting reasonably, may direct by notice in writing to the Licensee;

(h) to permit the Owner or its authorized representative to enter upon the Land or the Utility Area at any time to examine its condition;

(i) to use and occupy the Land and the Utility Area in accordance with the provisions of this License including those set forth in the schedule attached and entitled "Special Provisos";

(j) on the expiration or at the earlier cancellation of this License:

(i) to quit peaceably and deliver possession of the Land and the Utility Area to the Owner,

(ii) to remove from the Land and the Utility Area all above-ground buildings, machinery, plant equipment and apparatus and all other improvements to or things on the Land or the Utility Area erected or placed on the Land or the Utility Area by the Licensee, and

(iii) to restore the surface of the Land and the Utility Area to the satisfaction of the Owner acting reasonably,

and to the extent necessary, this covenant shall survive the expiration or cancellation of this License;

(k) to effect and keep in force during the term insurance protecting the Owner and the Licensee (without any rights of cross-claim or subrogation against the Owner) against claims for personal injury, death, property damage or third party or public liability claims arising from any accident or occurrence on the Land or the Utility Area to an amount not less than $1,000,000.00; except, however, that the Owner may, in its sole discretion, waive the requirements of this subsection on the delivery to the Owner of evidence that the Licensee is self insured;

(l) notwithstanding subsection (k), the Owner may from time to time notify the Licensee that the amount of insurance posted by the Licensee pursuant to that subsection be changed and the Licensee shall, within 60 days of receiving such notice, cause the amount of insurance posted, pursuant to subsection (k) to be changed to the amount specified by the Owner, acting reasonably, in the notice and deliver to the Owner written confirmation of the change, except that when the Licensee is self-insuring this section shall not apply; and

(m) not to interfere with the activities, works or other improvements of any other person who enters on or uses or occupies the Land or the Utility Area under a subsequent right or interest granted by the Owner, or who is otherwise authorized by the Owner to enter on or use or occupy the Land or the Utility Area, in accordance with Section 9.3; and

(n) on request of the Owner, to provide to the Owner an inventory of communication uses sufficient to allow the calculation of fees under the Provincial Policies.

Article 5 - Assignment

5.1 The Licensee shall not assign this License or grant a sublicense of any part of the Land or the Utility Area without the prior written consent of the Owner, which consent shall not be unreasonably withheld.

5.2 Notwithstanding section 5.1, the Licensee may, without the prior written consent of the Owner, assign its interest in all or a part of the Land and the Utility Area to an affiliate (as defined in the Company Act, RSBC 1996) of the Licensee provided that the Licensee gives written notice of any such change at least 120 days prior to the next anniversary date of the term of this License.

5.3 No assignment or sublicensing pursuant to sections 5.1 or 5.2, nor the Owner's consent thereto, will relieve the Licensee from the observance and performance of the Licensee's obligations contained in this License.

Article 6 - Cancellation

6.1 If the Licensee fails to observe or perform any term contained herein, and such failure continues after the giving of the written notice by the Owner to the Licensee of the nature of the failure for a period of:

(a) 30 days; or

(b) 150 days, if the failure because of its nature would reasonably require more than 30 days to cure, and provided that the Licensee is proceeding diligently and continuously to cure the failure throughout;

then the Owner may cancel this License and, notwithstanding subsection 4.1 (j), any fixtures to the Land and Utility Area shall become, at the discretion of the Owner, the property of the Owner.

6.2 If this License is taken in execution or attachment by any person, or the Licensee commits an act of bankruptcy, becomes insolvent, is petitioned into bankruptcy or voluntarily enters into an arrangement with his creditors, the Owner may, on 90 days written notice to the Licensee, cancel this License and the rights herein granted.

6.3 If the Licensee ceases to use the Land or the Utility Area for the purposes permitted herein and the Licensee does not recommence its use of the Land or the Utility Area within 180 days of receipt of written notice from the Owner, the Owner may immediately cancel that portion of this License and the rights herein granted that relates to the Land or the Utility Area as the case may be.

6.4 If the Owner requires a portion of the Land or the Utility Area for a public purpose, the Owner may, in accordance with section 6.5 and on 180 days written notice to the Licensee, cancel this License and the rights herein granted with respect to no more than 5% of the whole of the Land, no more than 5% of the whole of the Utility Area, or no more than 5% of the combined area, as the case may be.

6.5 Concurrently with the notice referred to in section 6.4, the Owner will give the Licensee written notice that the Owner will, at its cost, relocate the Licensee's structures and improvements that are materially affected by the cancellation in Section 6.4 to a different location on the Land or the Utility Area, as the case may be, or to a location on other land immediately adjacent to the Land or the Utility Area (the "New Location"). The New Location must, in the reasonable opinion of the Licensee, be of sufficient size to accommodate the Licensee's structures and improvements and be equally suitable for the purposes of the Licensee. The Owner will pay for any reasonable costs of moving the Licensee and its structures and improvements to the New Location. If the Licensee's structures and improvements cannot be moved to the New Location, the Owner will pay to the Licensee the reasonable costs of constructing new improvements on the New Location. As full compensation for all other costs, expenses and damages that the Licensee may incur in connection with the relocation, including disruption and loss of business, the parties shall agree on a lump sum payment and failing agreement, the matter shall be referred to arbitration pursuant to Article 10. All other terms and conditions of this License will apply to the New Location for the balance of the original term.

6.6 The Licensee may deliver a written notice to the Owner cancelling this License, in whole or with respect to the Utility Area only, and thereafter the License and the rights herein granted will, in whole or with respect to the Utility Area only, terminate 180 days after the date of receipt by the Owner of such written notice.

6.7 Notwithstanding subsection 4.1 (j), any building, machinery, plant, equipment, apparatus or other improvements to the Land or the Utility Area (collectively, the "Improvements") that remains unremoved from the Land or the Utility Area:

(a) upon the cancellation of this License pursuant to section 6.1, section 6.4 or section 6.6; or

(b) thirty days after the expiration of this License or the cancellation of this License pursuant to section 6.2 or section 6.3 (provided that if further time is reasonably required because of the nature of the Improvements or because of other constraints beyond the control of the Licensee, including weather, and provided that the Licensee is proceeding diligently and continuously to remove such Improvements, the 30 day time for removal will be extended to 150 days after the expiration or cancellation of this License),

shall, at the discretion of the Owner, be forfeited to and become the property of the Owner.

6.8 If the Owner elects to assume ownership of any above-ground Improvements pursuant to section 6.7, the Owner may remove them from the Land or the Utility Area and the Licensee shall, on demand, compensate the Owner for all costs incurred by the Owner respecting their removal.

6.9 The rights of the Owner under section 6.7 and section 6.8 shall be deemed to survive the expiration or earlier cancellation of this License.

Article 7 - Security

7.1 The security in the sum of $· and all rights, privileges, benefits and interests accruing thereto delivered by the Licensee to the Owner (herein called the "Security") to guarantee the performance of the Licensee's obligations under this License shall be maintained in effect until such time as the Owner certifies in writing that such obligations have been fully performed. The Owner may, in its sole discretion, waive the requirements of this section.

7.2 In the event the Licensee defaults in the performance of any of its obligations hereunder, the Owner may, in its sole discretion, sell, call in and convert the Security, or any part of it, and such Security shall be deemed to have been absolutely forfeited to the Owner.

7.3 The rights of the Owner under this Article shall be deemed to continue in full force and effect notwithstanding the expiration or earlier cancellation of this License.

7.4 Notwithstanding any amount of Security stated to be required under section 7.1, the Owner may, acting reasonably, from time to time by notice to the Licensee, demand the amount to be changed to that specified in a notice and the Licensee shall, within 60 days of such notice, change the Security to that specified and provide the Owner with evidence of the change, except that while Security is waived under section 7.1, this section shall not apply.

Article 8 - Notice

8.1 Whenever service of a notice or a document is required under this License, the notice or documents shall be in writing and shall be deemed to have been served if delivered to, or if sent by prepaid registered mail addressed to, the Owner or the Licensee, as the case may be, at the addresses specified for each on the first page of this License, and where service is by registered mail the notice or document shall be conclusively deemed to have been served on the eighth day after its deposit in a Canada Post office at any place in Canada. If there is a disruption in mail service caused by labour dispute, civil unrest or other events beyond the control of the parties, between mailing and actual receipt of such notice, the party sending such notice will re-send by courier, fax or other electronic means and such notice will only be effective if actually received.

8.2 Either party may, by notice in writing to the other, specify another address for service of notices under this License and after another address has been specified under this section, notices shall be mailed to that address in accordance with this Article.

Article 9 - Miscellaneous

9.1 No term, condition, covenant or other provision herein shall be considered to have been waived by the Owner unless such waiver is expressed in writing by the Owner. Any such waiver of any term, condition, covenant or other provision herein shall not be construed as or constitute a waiver of any further or other breach of the same or any other term, condition, covenant, or other provision and the consent or approval of the Owner to any act by the Licensee requiring the consent or approval of the Owner shall not be considered to waive or render unnecessary such consents or approvals to any subsequent similar act by the Licensee.

9.2 No remedy conferred upon or reserved to the Owner is exclusive of any other remedy herein or provided by law, but such remedy shall be cumulative and shall be in addition to any other remedy herein or hereafter existing at law, in equity, or by statute.

9.3 This License shall not entitle the Licensee to exclusive possession of the Land or the Utility Area and the Owner may, for any purpose, grant to others interests in the Land or the Utility Area, or rights to enter on or use or occupy the Land or the Utility Area, or may otherwise authorize other persons to enter on or use or occupy the Land or the Utility Area, so long as the grant or authorization does not materially affect the exercise of the Licensee's rights hereunder. The question of whether a grant materially affects the exercise of the Licensee's rights hereunder shall be determined by the Owner acting reasonably. If the Owner, by written instrument, grants a license, right or interest to others to use or occupy the Land or the Utility Area, such grant will contain a provision identical to subsection 4.1 (g) of this License obligating the new grantee to keep the Land or the Utility Area in a safe, clean and sanitary condition satisfactory to the Owner.

9.4 The terms and provisions of this License shall extend to, be binding upon and enure to the benefit of the parties hereto and their successors and permitted assigns.

9.5 Time is of the essence in this agreement.

Article 10 - Dispute Resolution

10.1 In this Article, "dispute" means any dispute arising out of or in connection with this License or in respect of any defined legal relationship associated with it or derived from it.

10.2 The parties agree to attempt to resolve all disputes by negotiations conducted in good faith and to provide timely disclosure of all relevant facts, information and documents to further those negotiations.

10.3 If a dispute is not settled through direct negotiations either party may request the British Columbia International Commercial Arbitration Centre (BCICAC) to appoint a mediator to conduct a mediation under its mediation rules of procedure.

10.4 If a dispute is not settled within 15 days of the appointment of the mediator or any further period of time agreed to by the parties, the dispute shall be referred to and finally resolved by arbitration before a single arbitrator under the arbitration rules of procedure of the BCICAC.

10.5 If the BCICAC is unavailable or unable to administer the mediation or arbitration of a dispute under its rules of procedure, the parties will select the rules of another institution.

Article 11 - Interpretation

11.1 In this License, unless the context otherwise requires, the singular includes the plural and the masculine includes the feminine gender and a corporation.

11.2 The captions and headings contained in this License are for convenience only and are not to be construed as defining or in any way limiting the scope or intent of the provisions herein.

11.3 If any section of this License or any part of a section is found to be illegal or unenforceable, that part or section, as the case may be, shall be considered separate and severable and the remaining parts and sections of this License shall not be affected thereby and shall be enforceable to the fullest extent permitted by law.

IN WITNESS WHEREOF, the parties have executed this License as of the day and year first above written.

SIGNED by a duly authorized signatory of )
)
in the presence of:)
____________________
Name
)
)
____________________
Authorized Signatory
____________________
Address
)
)
____________________)
)
SIGNED by a duly authorized signatory of )
)
in the presence of:)
____________________
Name
)
)
____________________
Authorized Signatory
____________________
Address
)
)
____________________)
)

LEGAL DESCRIPTION SCHEDULE

1. Legal Description

2. Sketch Plan

SPECIAL PROVISOS SCHEDULE

Special Provisos:

(1) The Licensee shall comply with the provisions of his Radio Station License issued by Communications Canada and any subsequent amendments to that license.

(2) The Licensee shall inform the Owner of any amendments to his Radio Station License.

Appendix C - 2
Document 4

License of Occupation for Communication
Site With Road Access

THIS AGREEMENT made this __________ day of ____________________ , 199

BETWEEN:

NISGA'A NATION, of

____________________
(the "Owner")

AND:

of ____________________
(the "Licensee")

Whereas the Owner has agreed to grant to the Licensee a license to enter on and use that parcel of land (the "Land") located generally in the vicinity of ____________________ and described in the schedule attached and entitled "Legal Description"; and

Whereas the Owner has agreed to grant to the Licensee a license to pass and repass over a portion (the "Access Area") of lands described in the schedule attached and entitled "Access License" for the purpose of obtaining access to the Land;

Now therefore in consideration of the fee to be paid by, and the covenants of, the Licensee, the parties agree as follows:

Article 1 - Grant of License

1.1 The Owner, on the terms set forth herein, hereby grants to the Licensee:

(a) a license to enter on and use the Land for the purpose of constructing and maintaining for communication purposes any building, tower, road, antennae, powerline or other physical infrastructure shown in the site plan and site elevation drawing forming part of the Legal Description Schedule (the "Civil Infrastructure"); and

(b) a license to pass and repass over the Access Area, with or without equipment, machinery and materials as reasonably required by the Licensee, and to construct, maintain, repair, replace and use trails, roads and bridges on the Access Area as reasonably required to obtain access to the Land (the licenses in subsections 1.1 (a) and (b) are collectively "the License").

Article 2 - Duration

2.1 The duration of the License and the rights herein granted shall be for a term of 20 years commencing on the       day of , 199 (the "Commencement Date") unless cancelled in accordance with Article 6.

2.2 Notwithstanding anything to the contrary in this License, so long as:

(a) the Licensee is not in default of any of the material terms or conditions of this License; and

(b) the Licensee has given the Owner, not more than · days prior to the expiration of the term herein granted, notice in writing of the Licensee's wish to re-apply for a new license to enter on and use the Land and the Access Area

the Owner may agree to offer a new license to the Licensee by notice to the Licensee, in writing, on the terms and conditions determined by the Owner and contained in the notice. The Licensee shall have a period of 60 days from the date of receipt of the notice from the Owner to accept a new License to enter on and use the Land and the Access Area by executing the new License contained in the notice and delivering it to the Owner.

Article 3 - License Fee

3.1 The Licensee shall pay to the Owner an annual License fee during the term of this License, in advance, as follows:

(a) during the first five years of the term of this License (the "Initial Fee Period"), the Licensee shall pay to the Owner:

(i) on the Commencement Date, the sum of · ; and

(ii) on each annual anniversary of the Commencement Date during the Initial Fee Period, a sum equal to the greater of:

(1) the annual License fee for the immediately preceding year; or

(2) the amount which would be payable on that date under the then-existing policies of the Province of British Columbia with respect to the payment of rent for communication sites located on similar Crown Land (the "Provincial Policies"); and

(b) during each subsequent five year period over the term of this License (a "Subsequent Fee Period"), the Licensee shall pay to the Owner on each annual anniversary of the Commencement Date a sum equal to the greatest of:

(i) the annual License fee for the immediately preceding year,

(ii) the amount which would be payable on that date under the then-existing Provincial Policies, or

(iii) the annual fair market rent for the Subsequent Fee Period, if that annual fair market rent has been determined:

(1) by written agreement between the Owner and the Licensee prior to the Subsequent Fee Period; or

(2) pursuant to the dispute resolution process set out in Article 10, invoked by the Owner or the Licensee prior to the Subsequent Fee Period.

3.2 In this Article, "annual fair market rent" means the fee which a willing licensee at arm's length from the Owner would pay to the Owner in respect of the Land excluding any allocation of value to any fixtures or improvements located on the Land:

(a) belonging to the Licensee; or

(b) not available for use by the Licensee.

Article 4 - Covenants of the Licensee

4.1 The Licensee covenants with the Owner:

(a) to pay the License fee due at the address of the Owner set out above or at such other place as the Owner may specify from time to time by the giving of notice to the Licensee in accordance with Article 8;

(b) to pay and discharge when due all applicable taxes, levies, charges and assessments now or hereafter assessed, levied or charged that relate to the Land or to the Access Area or any of the Licensee's improvements thereon (the "Realty Taxes") that the Licensee is liable to pay;

(c) to observe, abide by and comply with all applicable laws, bylaws, orders, directions, ordinances and regulations of any competent government authority in any way affecting the Land or the Access Area and improvements situate thereon, or their use and occupation;

(d) not to commit or suffer any wilful or voluntary waste, spoil or destruction on the Land or the Access Area or do or suffer to be done thereon by its employees, contractors, agents, invitees or anyone for whom the Licensee is responsible at law anything that may be or become a nuisance to the Owner or to the occupiers of adjoining land;

(e) to deliver to the Owner from time to time, upon demand, proof of insurance provided for in subsection (k), receipts or other evidence of payment of Realty Taxes, insurance premiums and other monetary obligations of the Licensee required to be observed by the Licensee pursuant to this License;

(f) to indemnify and save harmless the Owner against all losses, damages, costs and liabilities, including fees of solicitors and other professional advisors, arising out of:

(i) any breach, violation or non-performance of any covenant, condition or agreement in this license by the Licensee, or

(ii) any personal injury, death or property damage arising out of the Licensee's use and occupation of the Land or the Access Area

and the Owner may add the amount of such losses, damages, costs and liabilities to the Fee and the amount so added shall be payable to the Owner immediately;

(g) to keep the Land and the Access Area in a safe, clean and sanitary condition satisfactory to the Owner acting reasonably, and to make safe, clean and sanitary any portion of the Land and the Access Area or any improvement thereon that the Owner, acting reasonably, may direct by notice in writing to the Licensee;

(h) to permit the Owner or its authorized representative to enter upon the Land or the Access Area at any time to examine its condition;

(i) to use and occupy the Land and the Access Area in accordance with the provisions of this License including those set forth in the schedule attached and entitled "Special Provisos";

(j) on the expiration or at the earlier cancellation of this License:

(i) to quit peaceably and deliver possession of the Land and the Access Area to the Owner,

(ii) to remove from the Land and the Access Area all above-ground buildings, machinery, plant equipment and apparatus and all other improvements to or things on the Land or the Access Area erected or placed on the Land or the Access Area by the Licensee, and

(iii) to restore the surface of the Land and the Access Area to the satisfaction of the Owner acting reasonably,

and to the extent necessary, this covenant shall survive the expiration or cancellation of this License;

(k) to effect and keep in force during the term insurance protecting the Owner and the Licensee (without any rights of cross-claim or subrogation against the Owner) against claims for personal injury, death, property damage or third party or public liability claims arising from any accident or occurrence on the Land or the Access Area to an amount not less than $1,000,000.00; except, however, that the Owner may, in its sole discretion, waive the requirements of this subsection on the delivery to the Owner of evidence that the Licensee is self insured;

(l) notwithstanding subsection (k), the Owner may from time to time notify the Licensee that the amount of insurance posted by the Licensee pursuant to that subsection be changed and the Licensee shall, within 60 days of receiving such notice, cause the amount of insurance posted, pursuant to subsection (k) to be changed to the amount specified by the Owner, acting reasonably, in the notice and deliver to the Owner written confirmation of the change, except that when the Licensee is self-insuring this section shall not apply; and

(m) not to interfere with the activities, works or other improvements of any other person who enters on or uses or occupies the Land or the Access Area under a subsequent right or interest granted by the Owner, or who is otherwise authorized by the Owner to enter on or use or occupy the Land or the Access Area, in accordance with Section 9.3; and

(n) on request of the Owner, to provide to the Owner an inventory of communication uses sufficient to allow the calculation of fees under the Provincial Policies.

Article 5 - Assignment

5.1 The Licensee shall not assign this License or grant a sublicense of any part of the Land or the Access Area without the prior written consent of the Owner, which consent shall not be unreasonably withheld.

5.2 Notwithstanding section 5.1, the Licensee may, without the prior written consent of the Owner, assign its interest in all or a part of the Land and the Access Area to an affiliate (as defined in the Company Act, RSBC 1996) of the Licensee provided that the Licensee gives written notice of any such change at least 120 days prior to the next anniversary date of the term of this License.

5.3 No assignment or sublicensing pursuant to sections 5.1 or 5.2, nor the Owner's consent thereto, will relieve the Licensee from the observance and performance of the Licensee's obligations contained in this License.

Article 6 - Cancellation

6.1 If the Licensee fails to observe or perform any term contained herein, and such failure continues after the giving of the written notice by the Owner to the Licensee of the nature of the failure for a period of:

(a) 30 days; or

(b) 150 days, if the failure because of its nature would reasonably require more than 30 days to cure, and provided that the Licensee is proceeding diligently and continuously to cure the failure throughout;

then the Owner may cancel this License and, notwithstanding subsection 4.1 (j), any fixtures to the Land and Access Area shall become, at the discretion of the Owner, the property of the Owner.

6.2 If this License is taken in execution or attachment by any person, or the Licensee commits an act of bankruptcy, becomes insolvent, is petitioned into bankruptcy or voluntarily enters into an arrangement with his creditors, the Owner may, on 90 days written notice to the Licensee, cancel this License and the rights herein granted.

6.3 If the Licensee ceases to use the Land or the Access Area for the purposes permitted herein and the Licensee does not recommence its use of the Land or the Access Area within 180 days of receipt of written notice from the Owner, the Owner may immediately cancel that portion of this License and the rights herein granted that relates to the Land or the Access Area as the case may be.

6.4 If the Owner requires a portion of the Land or the Access Area for a public purpose, the Owner may, in accordance with section 6.5 and on 180 days written notice to the Licensee, cancel this License and the rights herein granted with respect to no more than 5% of the whole of the Land, or no more than 5% of the whole of the Access Area, or no more than 5% of the combined area, as the case may be.

6.5 Concurrently with the notice referred to in section 6.4, the Owner will give the Licensee written notice that the Owner will, at its cost, relocate the Licensee's structures and improvements that are materially affected by the cancellation in Section 6.4 to a different location on the Land or the Access Area, as the case may be, or to a location on other land immediately adjacent to the Land or the Access Area (the "New Location"). The New Location must, in the reasonable opinion of the Licensee, be of sufficient size to accommodate the Licensee's structures and improvements and be equally suitable for the purposes of the Licensee. The Owner will pay for any reasonable costs of moving the Licensee and its structures and improvements to the New Location. If the Licensee's structures and improvements cannot be moved to the New Location, the Owner will pay to the Licensee the reasonable costs of constructing new improvements on the New Location. As full compensation for all other costs, expenses and damages that the Licensee may incur in connection with the relocation, including disruption and loss of business, the parties shall agree on a lump sum payment and failing agreement, the matter shall be referred to arbitration pursuant to Article 10. All other terms and conditions of this License will apply to the New Location for the balance of the original term.

6.6 The Licensee may deliver a written notice to the Owner cancelling this License, in whole or with respect to the Access Area only, and thereafter the License and the rights herein granted will, in whole or with respect to the Access Area only, terminate 180 days after the date of receipt by the Owner of such written notice.

6.7 Notwithstanding subsection 4.1 (j), any building, machinery, plant, equipment, apparatus or other improvements to the Land or the Access Area (collectively, the "Improvements") that remains unremoved from the Land or the Access Area:

(a) upon the cancellation of this License pursuant to section 6.1, section 6.4 or section 6.6; or

(b) thirty days after the expiration of this License or the cancellation of this License pursuant to section 6.2 or section 6.3 (provided that if further time is reasonably required because of the nature of the Improvements or because of other constraints beyond the control of the Licensee, including weather, and provided that the Licensee is proceeding diligently and continuously to remove such Improvements, the 30 day time for removal will be extended to 150 days after the expiration or cancellation of this License),

shall, at the discretion of the Owner, be forfeited to and become the property of the Owner.

6.8 If the Owner elects to assume ownership of any above-ground Improvements pursuant to section 6.7, the Owner may remove them from the Land or the Access Area and the Licensee shall, on demand, compensate the Owner for all costs incurred by the Owner respecting their removal.

6.9 The rights of the Owner under section 6.7 and section 6.8 shall be deemed to survive the expiration or earlier cancellation of this License.

Article 7 - Security

7.1 The security in the sum of $· and all rights, privileges, benefits and interests accruing thereto delivered by the Licensee to the Owner (herein called the "Security") to guarantee the performance of the Licensee's obligations under this License shall be maintained in effect until such time as the Owner certifies in writing that such obligations have been fully performed. The Owner may, in its sole discretion, waive the requirements of this section.

7.2 In the event the Licensee defaults in the performance of any of its obligations hereunder, the Owner may, in its sole discretion, sell, call in and convert the Security, or any part of it, and such Security shall be deemed to have been absolutely forfeited to the Owner.

7.3 The rights of the Owner under this Article shall be deemed to continue in full force and effect notwithstanding the expiration or earlier cancellation of this License.

7.4 Notwithstanding any amount of Security stated to be required under section 7.1, the Owner may, acting reasonably, from time to time by notice to the Licensee, demand the amount to be changed to that specified in a notice and the Licensee shall, within 60 days of such notice, change the Security to that specified and provide the Owner with evidence of the change, except that while Security is waived under section 7.1, this section shall not apply.

Article 8 - Notice

8.1 Whenever service of a notice or a document is required under this License, the notice or documents shall be in writing and shall be deemed to have been served if delivered to, or if sent by prepaid registered mail addressed to, the Owner or the Licensee, as the case may be, at the addresses specified for each on the first page of this License, and where service is by registered mail the notice or document shall be conclusively deemed to have been served on the eighth day after its deposit in a Canada Post office at any place in Canada. If there is a disruption in mail service caused by labour dispute, civil unrest or other events beyond the control of the parties, between mailing and actual receipt of such notice, the party sending such notice will re-send by courier, fax or other electronic means and such notice will only be effective if actually received.

8.2 Either party may, by notice in writing to the other, specify another address for service of notices under this License and after another address has been specified under this section, notices shall be mailed to that address in accordance with this Article.

Article 9 - Miscellaneous

9.1 No term, condition, covenant or other provision herein shall be considered to have been waived by the Owner unless such waiver is expressed in writing by the Owner. Any such waiver of any term, condition, covenant or other provision herein shall not be construed as or constitute a waiver of any further or other breach of the same or any other term, condition, covenant, or other provision and the consent or approval of the Owner to any act by the Licensee requiring the consent or approval of the Owner shall not be considered to waive or render unnecessary such consents or approvals to any subsequent similar act by the Licensee.

9.2 No remedy conferred upon or reserved to the Owner is exclusive of any other remedy herein or provided by law, but such remedy shall be cumulative and shall be in addition to any other remedy herein or hereafter existing at law, in equity, or by statute.

9.3 This License shall not entitle the Licensee to exclusive possession of the Land or the Access Area and the Owner may, for any purpose, grant to others interests in the Land or the Access Area, or rights to enter on or use or occupy the Land or the Access Area, or may otherwise authorize other persons to enter on or use or occupy the Land or the Access Area, so long as the grant or authorization does not materially affect the exercise of the Licensee's rights hereunder. The question of whether a grant materially affects the exercise of the Licensee's rights hereunder shall be determined by the Owner acting reasonably. If the Owner, by written instrument, grants a license, right or interest to others to use or occupy the Land or the Access Area, such grant will contain a provision identical to subsection 4.1 (g) of this License obligating the new grantee to keep the Land or the Access Area in a safe, clean and sanitary condition satisfactory to the Owner.

9.4 The terms and provisions of this License shall extend to, be binding upon and enure to the benefit of the parties hereto and their successors and permitted assigns.

9.5 Time is of the essence in this agreement.

Article 10 - Dispute Resolution

10.1 In this Article, "dispute" means any dispute arising out of or in connection with this License or in respect of any defined legal relationship associated with it or derived from it.

10.2 The parties agree to attempt to resolve all disputes by negotiations conducted in good faith and to provide timely disclosure of all relevant facts, information and documents to further those negotiations.

10.3 If a dispute is not settled through direct negotiations either party may request the British Columbia International Commercial Arbitration Centre (BCICAC) to appoint a mediator to conduct a mediation under its mediation rules of procedure.

10.4 If a dispute is not settled within 15 days of the appointment of the mediator or any further period of time agreed to by the parties, the dispute shall be referred to and finally resolved by arbitration before a single arbitrator under the arbitration rules of procedure of the BCICAC.

10.5 If the BCICAC is unavailable or unable to administer the mediation or arbitration of a dispute under its rules of procedure, the parties will select the rules of another institution.

Article 11 - Interpretation

11.1 In this License, unless the context otherwise requires, the singular includes the plural and the masculine includes the feminine gender and a corporation.

11.2 The captions and headings contained in this License are for convenience only and are not to be construed as defining or in any way limiting the scope or intent of the provisions herein.

11.3 If any section of this License or any part of a section is found to be illegal or unenforceable, that part or section, as the case may be, shall be considered separate and severable and the remaining parts and sections of this License shall not be affected thereby and shall be enforceable to the fullest extent permitted by law.

IN WITNESS WHEREOF, the parties have executed this License as of the day and year first above written.

SIGNED by a duly authorized signatory of )
)
in the presence of:)
____________________
Name
)
)
____________________
Authorized Signatory
____________________
Address
)
)
____________________)
)
SIGNED by a duly authorized signatory of )
)
in the presence of:)
____________________
Name
)
)
____________________
Authorized Signatory
____________________
Address
)
)
____________________)
)

LEGAL DESCRIPTION SCHEDULE

1. Legal Description

2. Sketch Plan

SPECIAL PROVISOS SCHEDULE

Special Provisos:

(1) The Licensee shall comply with the provisions of his Radio Station License issued by Communications Canada and any subsequent amendments to that license.

(2) The Licensee shall inform the Owner of any amendments to his Radio Station License.

Appendix C - 2
Document 5

License of Occupation for Communication Site
With Road Access and Utility Access

THIS AGREEMENT made this __________ day of ____________________, 199

BETWEEN:

NISGA'A NATION, of

____________________
(the "Owner")

AND:

of ____________________
(the "Licensee")

Whereas the Owner has agreed to grant to the Licensee a license to enter on and use that parcel of land (the "Land") located generally in the vicinity of ________________ and described in the schedule attached and entitled "Legal Description"; and

Whereas the Owner has agreed to grant to the Licensee a license to pass and repass over a portion (the "Access Area") of lands described in the schedule attached and entitled "Access License" for the purpose of obtaining access to the Land;

Whereas the Owner has agreed to grant to the Licensee a license over a portion (the "Utility Area") of lands described in the schedule attached and entitled "Utility License" for the purpose of providing a powerline to the Land;

Now therefore in consideration of the fee to be paid by, and the covenants of, the Licensee, the parties agree as follows:

Article 1 - Grant of License

1.1 The Owner, on the terms set forth herein, hereby grants to the Licensee:

(a) a license to enter on and use the Land for the purpose of constructing and maintaining for communication purposes any building, tower, road, antennae, powerline or other physical infrastructure shown in the site plan and site elevation drawing forming part of the Legal Description Schedule (the "Civil Infrastructure"); and

(b) a license to pass and repass over the Access Area, with or without equipment, machinery and materials as reasonably required by the Licensee, and to construct, maintain, repair, replace and use trails, roads and bridges on the Access Area as reasonably required to obtain access to the Lands; and

(c) a license to enter on and use the Utility Area, with or without equipment, machinery and materials as reasonably required by the Licensee, to construct, instal, operate, maintain, repair, replace and use powerlines and all ancillary works on the Utility Area as reasonably required to provide power to the Land (the licenses in subsections 1.1 (a), (b), and (c) are collectively "the License").

Article 2 - Duration

2.1 The duration of the License and the rights herein granted shall be for a term of 20 years commencing on the       day of , 199 (the "Commencement Date") unless cancelled in accordance with Article 6.

2.2 Notwithstanding anything to the contrary in this License, so long as:

(a) the Licensee is not in default of any of the material terms or conditions of this License; and

(b) the Licensee has given the Owner, not more than · days prior to the expiration of the term herein granted, notice in writing of the Licensee's wish to re-apply for a new license to enter on and use the Land and the Access Area and the Utility Area

the Owner may agree to offer a new license to the Licensee by notice to the Licensee, in writing, on the terms and conditions determined by the Owner and contained in the notice. The Licensee shall have a period of 60 days from the date of receipt of the notice from the Owner to accept a new License to enter on and use the Land and the Access Area and the Utility Area by executing the new License contained in the notice and delivering it to the Owner.

Article 3 - License Fee

3.1 The Licensee shall pay to the Owner an annual License fee during the term of this License, in advance, as follows:

(a) during the first five years of the term of this License (the "Initial Fee Period"), the Licensee shall pay to the Owner:

(i) on the Commencement Date, the sum of · ; and

(ii) on each annual anniversary of the Commencement Date during the Initial Fee Period, a sum equal to the greater of:

(1) the annual License fee for the immediately preceding year; or

(2) the amount which would be payable on that date under the then-existing policies of the Province of British Columbia with respect to the payment of rent for communication sites located on similar Crown Land (the "Provincial Policies"); and

(b) during each subsequent five year period over the term of this License (a "Subsequent Fee Period"), the Licensee shall pay to the Owner on each annual anniversary of the Commencement Date a sum equal to the greatest of:

(i) the annual License fee for the immediately preceding year,

(ii) the amount which would be payable on that date under the then-existing Provincial Policies, or

(iii) the annual fair market rent for the Subsequent Fee Period, if that annual fair market rent has been determined:

(1) by written agreement between the Owner and the Licensee prior to the Subsequent Fee Period; or

(2) pursuant to the dispute resolution process set out in Article 10, invoked by the Owner or the Licensee prior to the Subsequent Fee Period.

3.2 In this Article, "annual fair market rent" means the fee which a willing licensee at arm's length from the Owner would pay to the Owner in respect of the Land excluding any allocation of value to any fixtures or improvements located on the Land:

(a) belonging to the Licensee; or

(a) not available for use by the Licensee.

Article 4 - Covenants of the Licensee

4.1 The Licensee covenants with the Owner:

(a) to pay the License fee due at the address of the Owner set out above or at such other place as the Owner may specify from time to time by the giving of notice to the Licensee in accordance with Article 8;

(b) to pay and discharge when due all applicable taxes, levies, charges and assessments now or hereafter assessed, levied or charged that relate to the Land, the Access Area or the Utility Area or any of the Licensee's improvements thereon (the "Realty Taxes") that the Licensee is liable to pay;

(c) to observe, abide by and comply with all applicable laws, bylaws, orders, directions, ordinances and regulations of any competent government authority in any way affecting the Land, the Access Area or the Utility Area and improvements situate thereon, or their use and occupation;

(d) not to commit or suffer any wilful or voluntary waste, spoil or destruction on the Land, the Access Area or the Utility Area or do or suffer to be done thereon by its employees, contractors, agents, invitees or anyone for whom the Licensee is responsible at law anything that may be or become a nuisance to the Owner or to the occupiers of adjoining land;

(e) to deliver to the Owner from time to time, upon demand, proof of insurance provided for in subsection (k), receipts or other evidence of payment of Realty Taxes, insurance premiums and other monetary obligations of the Licensee required to be observed by the Licensee pursuant to this License;

(f) to indemnify and save harmless the Owner against all losses, damages, costs and liabilities, including fees of solicitors and other professional advisors, arising out of:

(i) any breach, violation or non-performance of any covenant, condition or agreement in this license by the Licensee, or

(ii) any personal injury, death or property damage arising out of the Licensee's use and occupation of the Land, the Access Area or the Utility Area

and the Owner may add the amount of such losses, damages, costs and liabilities to the Fee and the amount so added shall be payable to the Owner immediately;

(g) to keep the Land, the Access Area and the Utility Area in a safe, clean and sanitary condition satisfactory to the Owner acting reasonably, and to make safe, clean and sanitary any portion of the Land, the Access Area and the Utility Area or any improvement thereon that the Owner, acting reasonably, may direct by notice in writing to the Licensee;

(h) to permit the Owner or its authorized representative to enter upon the Land, the Access Area or the Utility Area at any time to examine its condition;

(i) to use and occupy the Land, the Access Area and the Utility Area in accordance with the provisions of this License including those set forth in the schedule attached and entitled "Special Provisos";

(j) on the expiration or at the earlier cancellation of this License:

(i) to quit peaceably and deliver possession of the Land, the Access Area and the Utility Area to the Owner,

(ii) to remove from the Land, the Access Area and the Utility Area all above-ground buildings, machinery, plant equipment and apparatus and all other improvements to or things on the Land, the Access Area or the Utility Area erected or placed on the Land, the Access Area or the Utility Area by the Licensee, and

(iii) to restore the surface of the Land, the Access Area and the Utility Area to the satisfaction of the Owner acting reasonably,

and to the extent necessary, this covenant shall survive the expiration or cancellation of this License;

(k) to effect and keep in force during the term insurance protecting the Owner and the Licensee (without any rights of cross-claim or subrogation against the Owner) against claims for personal injury, death, property damage or third party or public liability claims arising from any accident or occurrence on the Land, the Access Area or the Utility Area to an amount not less than $1,000,000.00; except, however, that the Owner may, in its sole discretion, waive the requirements of this subsection on the delivery to the Owner of evidence that the Licensee is self insured;

(l) notwithstanding subsection (k), the Owner may from time to time notify the Licensee that the amount of insurance posted by the Licensee pursuant to that subsection be changed and the Licensee shall, within 60 days of receiving such notice, cause the amount of insurance posted, pursuant to subsection (k) to be changed to the amount specified by the Owner, acting reasonably, in the notice and deliver to the Owner written confirmation of the change, except that when the Licensee is self-insuring this section shall not apply; and

(m) not to interfere with the activities, works or other improvements of any other person who enters on or uses or occupies the Land, the Access Area or the Utility Area under a subsequent right or interest granted by the Owner, or who is otherwise authorized by the Owner to enter on or use or occupy the Land, the Access Area or the Utility Area in accordance with Section 9.3; and

(n) on request of the Owner, to provide to the Owner an inventory of communication uses sufficient to allow the calculation of fees under the Provincial Policies.

Article 5 - Assignment

5.1 The Licensee shall not assign this License or grant a sublicense of any part of the Land, the Access Area or the Utility Area without the prior written consent of the Owner, which consent shall not be unreasonably withheld.

5.2 Notwithstanding section 5.1, the Licensee may, without the prior written consent of the Owner, assign its interest in all or a part of the Land, the Access Area or the Utility Area to an affiliate (as defined in the Company Act, RSBC 1996) of the Licensee provided that the Licensee gives written notice of any such change at least 120 days prior to the next anniversary date of the term of this License.

5.3 No assignment or sublicensing pursuant to sections 5.1 or 5.2, nor the Owner's consent thereto, will relieve the Licensee from the observance and performance of the Licensee's obligations contained in this License.

Article 6 - Cancellation

6.1 If the Licensee fails to observe or perform any term contained herein, and such failure continues after the giving of the written notice by the Owner to the Licensee of the nature of the failure for a period of:

(a) 30 days; or

(b) 150 days, if the failure because of its nature would reasonably require more than 30 days to cure, and provided that the Licensee is proceeding diligently and continuously to cure the failure throughout;

then the Owner may cancel this License and, notwithstanding subsection 4.1 (j), any fixtures to the Land, Access Area and the Utility Area shall become, at the discretion of the Owner, the property of the Owner.

6.2 If this License is taken in execution or attachment by any person, or the Licensee commits an act of bankruptcy, becomes insolvent, is petitioned into bankruptcy or voluntarily enters into an arrangement with his creditors, the Owner may, on 90 days written notice to the Licensee, cancel this License and the rights herein granted.

6.3 If the Licensee ceases to use the Land, the Access Area or the Utility Area for the purposes permitted herein and the Licensee does not recommence its use of the Land, the Access Area or the Utility Area within 180 days of receipt of written notice from the Owner, the Owner may immediately cancel that portion of this License and the rights herein granted that relates to the Land, the Access Area or the Utility Area as the case may be.

6.4 If the Owner requires a portion of the Land, the Access Area or the Utility Area for a public purpose, the Owner may, in accordance with section 6.5 and on 180 days written notice to the Licensee, cancel this License and the rights herein granted with respect to no more than 5% of the whole of the Land, no more than 5% of the whole of the Access Area, no more than 5% of the whole of the Utility Area, or no more than 5% of the combined area, as the case may be.

6.5 Concurrently with the notice referred to in section 6.4, the Owner will give the Licensee written notice that the Owner will, at its cost, relocate the Licensee's structures and improvements that are materially affected by the cancellation in Section 6.4 to a different location on the Land, the Access Area or the Utility Area as the case may be, or to a location on other land immediately adjacent to the Land, the Access Area or the Utility Area (the "New Location"). The New Location must, in the reasonable opinion of the Licensee, be of sufficient size to accommodate the Licensee's structures and improvements and be equally suitable for the purposes of the Licensee. The Owner will pay for any reasonable costs of moving the Licensee and its structures and improvements to the New Location. If the Licensee's structures and improvements cannot be moved to the New Location, the Owner will pay to the Licensee the reasonable costs of constructing new improvements on the New Location. As full compensation for all other costs, expenses and damages that the Licensee may incur in connection with the relocation, including disruption and loss of business, the parties shall agree on a lump sum payment and failing agreement, the matter shall be referred to arbitration pursuant to Article 10. All other terms and conditions of this License will apply to the New Location for the balance of the original term.

6.6 The Licensee may deliver a written notice to the Owner cancelling this License, in whole or with respect to the Access Area only or to the Utility Area only, and thereafter the License and the rights herein granted will, in whole or with respect to the Access Area only, terminate 180 days after the date of receipt by the Owner of such written notice.

6.7 Notwithstanding subsection 4.1 (j), any building, machinery, plant, equipment, apparatus or other improvements to the Land, the Access Area or the Utility Area (collectively, the "Improvements") that remains unremoved from the Land, the Access Area or the Utility Area:

(a) upon the cancellation of this License pursuant to section 6.1, section 6.4 or section 6.6; or

(b) thirty days after the expiration of this License or the cancellation of this License pursuant to section 6.2 or section 6.3 (provided that if further time is reasonably required because of the nature of the Improvements or because of other constraints beyond the control of the Licensee, including weather, and provided that the Licensee is proceeding diligently and continuously to remove such Improvements, the 30 day time for removal will be extended to 150 days after the expiration or cancellation of this License),

shall, at the discretion of the Owner, be forfeited to and become the property of the Owner.

6.8 If the Owner elects to assume ownership of any above-ground Improvements pursuant to section 6.7, the Owner may remove them from the Land, the Access Area or the Utility Area and the Licensee shall, on demand, compensate the Owner for all costs incurred by the Owner respecting their removal.

6.9 The rights of the Owner under section 6.7 and section 6.8 shall be deemed to survive the expiration or earlier cancellation of this License.

Article 7 - Security

7.1 The security in the sum of $· and all rights, privileges, benefits and interests accruing thereto delivered by the Licensee to the Owner (herein called the "Security") to guarantee the performance of the Licensee's obligations under this License shall be maintained in effect until such time as the Owner certifies in writing that such obligations have been fully performed. The Owner may, in its sole discretion, waive the requirements of this section.

7.2 In the event the Licensee defaults in the performance of any of its obligations hereunder, the Owner may, in its sole discretion, sell, call in and convert the Security, or any part of it, and such Security shall be deemed to have been absolutely forfeited to the Owner.

7.3 The rights of the Owner under this Article shall be deemed to continue in full force and effect notwithstanding the expiration or earlier cancellation of this License.

7.4 Notwithstanding any amount of Security stated to be required under section 7.1, the Owner may, acting reasonably, from time to time by notice to the Licensee, demand the amount to be changed to that specified in a notice and the Licensee shall, within 60 days of such notice, change the Security to that specified and provide the Owner with evidence of the change, except that while Security is waived under section 7.1, this section shall not apply.

Article 8 - Notice

8.1 Whenever service of a notice or a document is required under this License, the notice or documents shall be in writing and shall be deemed to have been served if delivered to, or if sent by prepaid registered mail addressed to, the Owner or the Licensee, as the case may be, at the addresses specified for each on the first page of this License, and where service is by registered mail the notice or document shall be conclusively deemed to have been served on the eighth day after its deposit in a Canada Post office at any place in Canada. If there is a disruption in mail service caused by labour dispute, civil unrest or other events beyond the control of the parties, between mailing and actual receipt of such notice, the party sending such notice will re-send by courier, fax or other electronic means and such notice will only be effective if actually received.

8.2 Either party may, by notice in writing to the other, specify another address for service of notices under this License and after another address has been specified under this section, notices shall be mailed to that address in accordance with this Article.

Article 9 - Miscellaneous

9.1 No term, condition, covenant or other provision herein shall be considered to have been waived by the Owner unless such waiver is expressed in writing by the Owner. Any such waiver of any term, condition, covenant or other provision herein shall not be construed as or constitute a waiver of any further or other breach of the same or any other term, condition, covenant, or other provision and the consent or approval of the Owner to any act by the Licensee requiring the consent or approval of the Owner shall not be considered to waive or render unnecessary such consents or approvals to any subsequent similar act by the Licensee.

9.2 No remedy conferred upon or reserved to the Owner is exclusive of any other remedy herein or provided by law, but such remedy shall be cumulative and shall be in addition to any other remedy herein or hereafter existing at law, in equity, or by statute.

9.3 This License shall not entitle the Licensee to exclusive possession of the Land, the Access Area or the Utility Area and the Owner may, for any purpose, grant to others interests in the Land, the Access Area or the Utility Area or rights to enter on or use or occupy the Land, the Access Area or the Utility Area or may otherwise authorize other persons to enter on or use or occupy the Land, the Access Area or the Utility Area so long as the grant or authorization does not materially affect the exercise of the Licensee's rights hereunder. The question of whether a grant materially affects the exercise of the Licensee's rights hereunder shall be determined by the Owner acting reasonably. If the Owner, by written instrument, grants a license, right or interest to others to use or occupy the Land, the Access Area or the Utility Area such grant will contain a provision identical to subsection 4.1 (g) of this License obligating the new grantee to keep the Land, the Access Area or the Utility Area in a safe, clean and sanitary condition satisfactory to the Owner.

9.4 The terms and provisions of this License shall extend to, be binding upon and enure to the benefit of the parties hereto and their successors and permitted assigns.

9.5 Time is of the essence in this agreement.

Article 10 - Dispute Resolution

10.1 In this Article, "dispute" means any dispute arising out of or in connection with this License or in respect of any defined legal relationship associated with it or derived from it.

10.2 The parties agree to attempt to resolve all disputes by negotiations conducted in good faith and to provide timely disclosure of all relevant facts, information and documents to further those negotiations.

10.3 If a dispute is not settled through direct negotiations either party may request the British Columbia International Commercial Arbitration Centre (BCICAC) to appoint a mediator to conduct a mediation under its mediation rules of procedure.

10.4 If a dispute is not settled within 15 days of the appointment of the mediator or any further period of time agreed to by the parties, the dispute shall be referred to and finally resolved by arbitration before a single arbitrator under the arbitration rules of procedure of the BCICAC.

10.5 If the BCICAC is unavailable or unable to administer the mediation or arbitration of a dispute under its rules of procedure, the parties will select the rules of another institution.

Article 11 - Interpretation

11.1 In this License, unless the context otherwise requires, the singular includes the plural and the masculine includes the feminine gender and a corporation.

11.2 The captions and headings contained in this License are for convenience only and are not to be construed as defining or in any way limiting the scope or intent of the provisions herein.

11.3 If any section of this License or any part of a section is found to be illegal or unenforceable, that part or section, as the case may be, shall be considered separate and severable and the remaining parts and sections of this License shall not be affected thereby and shall be enforceable to the fullest extent permitted by law.

IN WITNESS WHEREOF, the parties have executed this License as of the day and year first above written.

SIGNED by a duly authorized signatory of )
)
in the presence of:)
____________________
Name
)
)
____________________
Authorized Signatory
____________________
Address
)
)
____________________)
)
SIGNED by a duly authorized signatory of )
)
in the presence of:)
____________________
Name
)
)
____________________
Authorized Signatory
____________________
Address
)
)
____________________)
)

LEGAL DESCRIPTION SCHEDULE

1. Legal Description

2. Sketch Plan

SPECIAL PROVISOS SCHEDULE

Special Provisos:

(1) The Licensee shall comply with the provisions of his Radio Station License issued by Communications Canada and any subsequent amendments to that license.

(2) The Licensee shall inform the Owner of any amendments to his Radio Station License.

Appendix C - 2
Document 6

License of Occupation for Hydro Communication Site

THIS AGREEMENT made this __________ day of ____________________, 199

BETWEEN:

NISGA'A NATION, of

____________________
(the "Owner")

AND:

of ____________________
(the "Licensee")

Whereas the Owner has agreed to grant to the Licensee a license to enter on and use that parcel of land (the "Land") located generally in the vicinity of ________________ and described in the schedule attached and entitled "Legal Description";

Now therefore in consideration of the fee to be paid by, and the covenants, of the Licensee, the parties agree as follows:

Article 1 - Grant of License

1.1 The Owner, on the terms set forth herein, hereby grants to the Licensee a license to enter on and use the Land for the purpose of constructing and maintaining for communication purposes any building, tower, road, antennae, powerline or other physical infrastructure shown in the site plan and site elevation drawing forming part of the Legal Description Schedule (the "Civil Infrastructure").

Article 2 - Duration

2.1 The duration of the license and the rights herein granted shall be for a term of 20 years commencing on the          day of , 199 (the "Commencement Date") unless cancelled in accordance with Article 6.

2.2 Notwithstanding anything to the contrary in this license, so long as:

(a) the Licensee is not in default of any of the material terms or conditions of this license; and

(b) the Licensee has given the Owner, not more than · days prior to the expiration of the term herein granted, notice in writing of the Licensee's wish to re-apply for a new license to enter on and use the Land

the Owner may agree to offer a new license to the Licensee by notice to the Licensee, in writing, on the terms and conditions determined by the Owner and contained in the notice. The Licensee shall have a period of 60 days from the date of receipt of the notice from the Owner to accept a new license to enter on and use the Land by executing the new license contained in the notice and delivering it to the Owner.

Article 3 - License Fee

3.1 The Licensee shall pay to the Owner an annual license fee during the term of this license, in advance, as follows:

(a) during the first five years of the term of this license (the "Initial Fee Period"), the Licensee shall pay to the Owner:

(i) on the Commencement Date, the sum of · ; and

(ii) on each annual anniversary of the Commencement Date during the Initial Fee Period, a sum equal to the greater of:

(1) the annual license fee for the immediately preceding year; or

(2) the amount which would be payable on that date under the then-existing policies of the Province of British Columbia with respect to the payment of rent for communication sites located on similar Crown Land (the "Provincial Policies"); and

(b) during each subsequent five year period over the term of this license (a "Subsequent Fee Period"), the Licensee shall pay to the Owner on each annual anniversary of the Commencement Date a sum equal to the greatest of:

(i) the annual license fee for the immediately preceding year;

(ii) the amount which would be payable on that date under the then-existing Provincial Policies; or

(iii) the annual fair market rent for the Subsequent Fee Period, if that annual fair market rent has been determined:

(1) by written agreement between the Owner and the Licensee prior to the Subsequent Fee Period; or

(2) pursuant to the dispute resolution process set out in Article 10, invoked by the Owner or the Licensee prior to the Subsequent Fee Period.

3.2 In this Article, "annual fair market rent" means the fee which a willing licensee at arm's length from the Owner would pay to the Owner in respect of the Land excluding any allocation of value to any fixtures or improvements located on the Land:

(a) belonging to the Licensee; or

(b) not available for use by the Licensee.

Article 4 - Covenants of the Licensee

4.1 The Licensee covenants with the Owner:

(a) to pay the license fee due at the address of the Owner set out above or at such other place as the Owner may specify from time to time by the giving of notice to the Licensee in accordance with Article 8;

(b) to pay and discharge when due all applicable taxes, levies, charges and assessments now or hereafter assessed, levied or charged that relate to the Land or any of the Licensee's improvements thereon (the "Realty Taxes") that the Licensee is liable to pay;

(c) to observe, abide by and comply with all applicable laws, bylaws, orders, directions, ordinances and regulations of any competent government authority in any way affecting the Land and improvements situate thereon, or their use and occupation;

(d) not to commit or suffer any wilful or voluntary waste, spoil or destruction on the Land or do or suffer to be done thereon by its employees, contractors, agents, invitees or anyone for whom the Licensee is responsible at law anything that may be or become a nuisance to the Owner or to the occupiers of adjoining land;

(e) to deliver to the Owner from time to time, upon demand, proof of insurance provided for in subsection (k), receipts or other evidence of payment of Realty Taxes, insurance premiums and other monetary obligations of the Licensee required to be observed by the Licensee pursuant to this license;

(f) to indemnify and save harmless the Owner against all losses, damages, costs and liabilities, including fees of solicitors and other professional advisors, arising out of:

(i) any breach, violation or non-performance of any covenant, condition or agreement in this license by the Licensee, or

(ii) any personal injury, death or property damage arising out of the Licensee's use and occupation of the Land

and the Owner may add the amount of such losses, damages, costs and liabilities to the Fee and the amount so added shall be payable to the Owner immediately, but not for an action against the Owner based on nuisance or the rule Rylands v. Fletcher unless the Licensee was negligent;

(g) to keep the Land in a safe, clean and sanitary condition satisfactory to the Owner acting reasonably, and to make safe, clean and sanitary any portion of the Land or any improvement thereon that the Owner, acting reasonably, may direct by notice in writing to the Licensee;

(h) to permit the Owner or its authorized representative to enter upon the Land at any time to examine its condition;

(i) to use and occupy the Land in accordance with the provisions of this license including those set forth in the schedule attached and entitled "Special Provisos";

(j) on the expiration or at the earlier cancellation of this license:

(i) to quit peaceably and deliver possession of the Land to the Owner,

(ii) to remove from the Land all above-ground buildings, machinery, plant equipment and apparatus and all other improvements to or things on the Land erected or placed on the Land by the Licensee, and

(iii) to restore the surface of the Land to the satisfaction of the Owner acting reasonably,

and to the extent necessary, this covenant shall survive the expiration or cancellation of this license;

(k) to effect and keep in force during the term insurance protecting the Owner and the Licensee (without any rights of cross-claim or subrogation against the Owner) against claims for personal injury, death, property damage or third party or public liability claims arising from any accident or occurrence on the Land to an amount not less than $1,000,000.00; provided, except, that the Owner may, in its sole discretion, waive the requirements of this subsection on the delivery to the Owner of evidence that the Licensee is self insured;

(l) notwithstanding subsection (k), the Owner may from time to time notify the Licensee that the amount of insurance posted by the Licensee pursuant to that subsection be changed and the Licensee shall, within 60 days of receiving such notice, cause the amount of insurance posted, pursuant to subsection (k) to be changed to the amount specified by the Owner, acting reasonably, in the notice and deliver to the Owner written confirmation of the change, except that when the Licensee is self-insuring this section shall not apply; and

(m) not to interfere with the activities, works or other improvements of any other person who enters on or uses or occupies the Land under a subsequent right or interest granted by the Owner, or who is otherwise authorized by the Owner to enter on or use or occupy the Land, in accordance with Section 9.3;

(n) on request of the Owner, to provide the Owner an inventory of communication uses sufficient to allow the calculation of fees under the Provincial Policies.

Article 5 - Assignment

5.1 The Licensee shall not assign this license or grant a sublicense of any part of the Land without the prior written consent of the Owner, which consent shall not be unreasonably withheld.

5.2 Notwithstanding section 5.1, the Licensee may, without the prior written consent of the Owner, assign its interest in all or a part of the Land to an affiliate (as defined in the Company Act, RSBC 1996) of the Licensee provided that the Licensee gives written notice of any such change at least 120 days prior to the next anniversary date of the term of this license.

5.3 No assignment or sublicensing pursuant to sections 5.1 or 5.2, nor the Owner's consent thereto, will relieve the Licensee from the observance and performance of the Licensee's obligations contained in this license.

Article 6 - Cancellation

6.1 If the Licensee fails to observe or perform any term contained herein, and such failure continues after the giving of the written notice by the Owner to the Licensee of the nature of the failure for a period of:

(a) 30 days; or

(b) 150 days, if the failure because of its nature would reasonably require more than 30 days to cure, and provided that the Licensee is proceeding diligently and continuously to cure the failure throughout;

then the Owner may cancel this license and, notwithstanding subsection 4.1 (j), any fixtures to the Land shall become, at the discretion of the Owner, the property of the Owner.

6.2 If this license is taken in execution or attachment by any person, or the Licensee commits an act of bankruptcy, becomes insolvent, is petitioned into bankruptcy or voluntarily enters into an arrangement with his creditors, the Owner may, on 90 days written notice to the Licensee, cancel this license and the rights herein granted.

6.3 If the Licensee ceases to use the Land for the purposes permitted herein and the Licensee does not recommence its use of the Land within 180 days of receipt of written notice from the Owner, the Owner may immediately cancel this license and the rights herein granted.

6.4 If the Owner requires a portion of the Land for a public purpose, the Owner may, in accordance with section 6.5 and on 180 days written notice to the Licensee, cancel this license and the rights herein granted with respect to no more than 5% of the whole of the Land.

6.5 Concurrently with the notice referred to in section 6.4, the Owner will give the Licensee written notice that the Owner will, at its cost, relocate the Licensee's structures and improvements that are materially affected by the cancellation in Section 6.4 to a different location on the Land or to a location on other land immediately adjacent to the Land (the "New Location"). The New Location must, in the reasonable opinion of the Licensee, be of sufficient size to accommodate the Licensee's structures and improvements and be equally suitable for the purposes of the Licensee. The Owner will pay for any reasonable costs of moving the Licensee and its structures and improvements to the New Location. If the Licensee's structures and improvements cannot be moved to the New Location, the Owner will pay to the Licensee the reasonable costs of constructing new improvements on the New Location. As full compensation for all other costs, expenses and damages that the Licensee may incur in connection with the relocation, including disruption and loss of business, the parties shall agree on a lump sum payment, and failing agreement, the matter shall be referred to arbitration pursuant to Article 10. All other terms and conditions of this license will apply to the New Location for the balance of the original term.

6.6 The Licensee may deliver a written notice to the Owner cancelling this license and thereafter the license and the rights herein granted will terminate 180 days after the date of receipt by the Owner of such written notice.

6.7 Notwithstanding subsection 4.1 (j), any building, machinery, plant, equipment and apparatus, or other improvements to the Land (collectively, the "Improvements") that remain unremoved from the Land:

(a) upon the cancellation of this license pursuant to section 6.1, section 6.4 or section 6.6; or

(b) thirty days after the expiration of this license or the cancellation of this license pursuant to section 6.2 or section 6.3 (provided that if further time is reasonably required because of the nature of the Improvements or because of other constraints beyond the control of the Licensee, including weather, and provided that the Licensee is proceeding diligently and continuously to remove such Improvements, the 30 day time for removal will be extended to 150 days after the expiration or cancellation of this license),

shall, at the discretion of the Owner, be forfeited to and become the property of the Owner.

6.8 If the Owner elects to assume ownership of any above-ground Improvements pursuant to section 6.7, the Owner may remove them from the Land and the Licensee shall, on demand, compensate the Owner for all costs incurred by the Owner respecting their removal.

6.9 The rights of the Owner under section 6.7 and section 6.8 shall be deemed to survive the expiration or earlier cancellation of this license.

Article 7 - Security

7.1 The security in the sum of $· and all rights, privileges, benefits and interests accruing thereto delivered by the Licensee to the Owner (herein called the "Security") to guarantee the performance of the Licensee's obligations under this license shall be maintained in effect until such time as the Owner certifies in writing that such obligations have been fully performed. The Owner may, in its sole discretion, waive the requirements of this section.

7.2 If the Licensee defaults in the performance of any of its obligations hereunder, the Owner may, in its sole discretion, sell, call in and convert the Security, or any part of it, and such Security shall be deemed to have been absolutely forfeited to the Owner.

7.3 The rights of the Owner under this Article shall be deemed to continue in full force and effect notwithstanding the expiration or earlier cancellation of this license.

7.4 Notwithstanding any amount of Security stated to be required under section 7.1, the Owner may, acting reasonably, from time to time by notice to the Licensee, demand the amount to be changed to that specified in a notice and the Licensee shall, within 60 days of such notice, change the Security to that specified and provide the Owner with evidence of the change, except that while Security is waived under section 7.1, this section shall not apply.

Article 8 - Notice

8.1 Whenever service of a notice or a document is required under this license, the notice or documents shall be in writing and shall be deemed to have been served if delivered to, or if sent by prepaid registered mail addressed to, the Owner or the Licensee, as the case may be, at the addresses specified for each on the first page of this license, and where service is by registered mail the notice or document shall be conclusively deemed to have been served on the eighth day after its deposit in a Canada Post office at any place in Canada. If there is a disruption in mail service caused by labour dispute, civil unrest or other events beyond the control of the parties, between mailing and actual receipt of such notice, the party sending such notice will re-send by courier, fax or other electronic means and such notice will only be effective if actually received.

8.2 Either party may, by notice in writing to the other, specify another address for service of notices under this license and after another address has been specified under this section, notices shall be mailed to that address in accordance with this Article.

Article 9 - Miscellaneous

9.1 No term, condition, covenant or other provision herein shall be considered to have been waived by the Owner unless such waiver is expressed in writing by the Owner. Any such waiver of any term, condition, covenant or other provision herein shall not be construed as or constitute a waiver of any further or other breach of the same or any other term, condition, covenant, or other provision and the consent or approval of the Owner to any act by the Licensee requiring the consent or approval of the Owner shall not be considered to waive or render unnecessary such consents or approvals to any subsequent similar act by the Licensee.

9.2 No remedy conferred upon or reserved to the Owner is exclusive of any other remedy herein or provided by law, but such remedy shall be cumulative and shall be in addition to any other remedy herein or hereafter existing at law, in equity, or by statute.

9.3 This license shall not entitle the Licensee to exclusive possession of the Land and the Owner may, for any purpose, grant to others interests in the Land or rights to enter on or use or occupy the Land, or may otherwise authorize other persons to enter on or use or occupy the Land, so long as the grant or authorization does not materially affect the exercise of the Licensee's rights hereunder. The question of whether a grant materially affects the exercise of the Licensee's rights hereunder shall be determined by the Owner acting reasonably. If the Owner, by written instrument, grants a license, right or interest to others to use or occupy the Land, such grant will contain a provision identical to subsection 4.1 (g) of this license obligating the new grantee to keep the Land in a safe, clean and sanitary condition satisfactory to the Owner.

9. 4 The terms and provisions of this license shall extend to, be binding upon and enure to the benefit of the parties hereto and their successors and permitted assigns.

9.5 Time is of the essence in this agreement.

Article 10 - Dispute Resolution

10.1 In this Article, "dispute" means any dispute arising out of or in connection with this license or in respect of any defined legal relationship associated with it or derived from it.

10.2 The parties agree to attempt to resolve all disputes by negotiations conducted in good faith and to provide timely disclosure of all relevant facts, information and documents to further those negotiations.

10.3 If a dispute is not settled through direct negotiations either party may request the British Columbia International Commercial Arbitration Centre (BCICAC) to appoint a mediator to conduct a mediation under its mediation rules of procedure.

10.4 If a dispute is not settled within 15 days of the appointment of the mediator or any further period of time agreed to by the parties, the dispute shall be referred to and finally resolved by arbitration before a single arbitrator under the arbitration rules of procedure of the BCICAC.

10.5 If the BCICAC is unavailable or unable to administer the mediation or arbitration of a dispute under its rules of procedure, the parties will select the rules of another institution.

Article 11 - Interpretation

11.1 In this license, unless the context otherwise requires, the singular includes the plural and the masculine includes the feminine gender and a corporation.

11.2 The captions and headings contained in this license are for convenience only and are not to be construed as defining or in any way limiting the scope or intent of the provisions herein.

11.3 If any section of this license or any part of a section is found to be illegal or unenforceable, that part or section, as the case may be, shall be considered separate and severable and the remaining parts and sections of this license shall not be affected thereby and shall be enforceable to the fullest extent permitted by law.

IN WITNESS WHEREOF, the parties have executed this license as of the day and year first above written.

SIGNED by a duly authorized signatory of )
)
in the presence of:)
____________________
Name
)
)
____________________
Authorized Signatory
____________________
Address
)
)
____________________)
)
SIGNED by a duly authorized signatory of )
)
in the presence of:)
____________________
Name
)
)
____________________
Authorized Signatory
____________________
Address
)
)
____________________)
)

LEGAL DESCRIPTION SCHEDULE

1. Legal Description

2. Sketch Plan

SPECIAL PROVISOS SCHEDULE

Special Provisos:

(1) The Licensee shall comply with the provisions of his Radio Station License issued by Communications Canada and any subsequent amendments to that license.

(2) The Licensee shall inform the Owner of any amendments to his Radio Station License.

Appendix C - 2
Document 7

License of Occupation for Forestry Experimental Plots

THIS AGREEMENT made this __________ day of ____________________, 199

BETWEEN:

NISGA'A NATION, of

____________________
(the "Owner")

AND:

HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA, as represented by the Minister of Forests of

of ____________________
(the "Licensee")

Whereas the Owner has agreed to grant to the Licensee a license to enter on and use that parcel of land (the "Land") located generally in the vicinity of ________________ and described in the Schedule attached, and entitled "Legal Description";

Now therefore in consideration of the fee to be paid by, and the covenants of, the Licensee, the parties agree as follows:

Article 1 - Grant of License

1.1 The Owner, on the terms set forth herein, hereby grants to the Licensee a license to enter on and use the Land for the purpose of conducting forestry related studies, tests and experiments.

Article 2 - Duration

2.1 The duration of the license and the rights herein granted shall be for a term of 20 years commencing on the        day of , 199 (the "Commencement Date") unless cancelled in accordance with Article 6.

2.2 Notwithstanding anything to the contrary in this license, so long as:

(a) the Licensee is not in default of any of the material terms or conditions of this license; and

(b) the Licensee has given the Owner, not more than · days prior to the expiration of the term herein granted, notice in writing of the Licensee's wish to re-apply for a new license to enter on and use the Land

the Owner may agree to offer a new license to the Licensee by notice to the Licensee, in writing, on the terms and conditions determined by the Owner and contained in the notice. The Licensee shall have a period of 60 days from the date of receipt of the notice from the Owner to accept a new license to enter on and use the Land by executing the new license contained in the notice and delivering it to the Owner.

Article 3 - License Fee

3.1 The Licensee shall pay to the Owner a license fee of $1.00 for the entire term.

Article 4 - Covenants of the Licensee

4.1 The Licensee covenants with the Owner:

(a) to pay and discharge when due all applicable taxes, levies, charges and assessments now or hereafter assessed, levied or charged that relate to the Land or any of the Licensee's improvements thereon (the "Realty Taxes") that the Licensee is liable to pay;

(b) to observe, abide by and comply with all applicable laws, bylaws, orders, directions, ordinances and regulations of any competent government authority in any way affecting the Land and improvements situate thereon, or their use and occupation;

(c) not to commit or suffer any wilful or voluntary waste, spoil or destruction on the Land or do or suffer to be done thereon by its employees, contractors, agents, invitees or anyone for whom the Licensee is responsible at law anything that may be or become a nuisance to the Owner or to the occupiers of adjoining land;

(d) to deliver to the Owner from time to time, upon demand, proof of insurance provided for in subsection (j), receipts or other evidence of payment of Realty Taxes, insurance premiums and other monetary obligations of the Licensee required to be observed by the Licensee pursuant to this license;

(e) to indemnify and save harmless the Owner against all losses, damages, costs and liabilities, including fees of solicitors and other professional advisors arising out of:

(i) any breach, violation or non-performance of any covenant, condition or agreement in this license by the Licensee, or

(ii) any personal injury, death or property damage arising out of the Licensee's use and occupation of the Land

and the amount of such losses, damages, costs and liabilities shall be payable to the Owner immediately;

(f) to keep the Land in a safe, clean and sanitary condition satisfactory to the Owner acting reasonably, and to make safe, clean and sanitary any portion of the Land or any improvement thereon that the Owner, acting reasonably, may direct by notice in writing to the Licensee;

(g) to permit the Owner or its authorized representative to enter upon the Land at any time to examine its condition;

(h) to use and occupy the Land in accordance with the provisions of this license including those set forth in the schedule attached and entitled "Special Provisos";

(i) on the expiration or at the earlier cancellation of this license:

(i) to quit peaceably and deliver possession of the Land to the Owner,

(ii) to remove from the Land all above-ground buildings, machinery, plant, equipment and apparatus and all other improvements to or things on the Land erected or placed on the Land by the Licensee, and

(iii) to restore the surface of the Land to the satisfaction of the Owner acting reasonably

and to the extent necessary, this covenant shall survive the expiration or cancellation of this license;

(j) to effect, and keep in force during the term, insurance protecting the Owner and the Licensee (without any rights of cross-claim or subrogation against the Owner) against claims for personal injury, death, property damage or third party or public liability claims arising from any accident or occurrence on the Land to an amount not less than $1,000,000.00; except that so long as the Licensee is Her Majesty the Queen in Right of the Province of British Columbia or a British Columbia crown corporation, the Owner will waive the requirements of this subsection on the delivery to the Owner of confirmation that the Licensee is self insured;

(k) notwithstanding subsection (j), the Owner may from time to time notify the Licensee that the amount of insurance posted by the Licensee pursuant to that subsection be changed and the Licensee shall, within 60 days of receiving such notice, cause the amount of insurance posted, pursuant to subsection (j), to be changed to the amount specified by the Owner, acting reasonably, in the notice and deliver to the Owner written confirmation of the change, except that when the Licensee is self-insuring this section shall not apply; and

(l) not to interfere with the activities, works or other improvements of any other person who enters on or uses or occupies the Land under a subsequent right or interest granted by the Owner, or who is otherwise authorized by the Owner to enter on or use or occupy the Land, in accordance with Section 9.3.

Article 5 - Assignment

5.1 The Licensee shall not assign this license or grant a sublicense of any part of the Land without the prior written consent of the Owner, which consent shall not be unreasonably withheld.

5.2 Notwithstanding section 5.1, the Licensee may, without the prior written consent of the Owner, assign its interest in all or a part of the Land to a British Columbia crown corporation provided that the Licensee gives written notice of any such change at least 120 days prior to the next anniversary date of the term of this license.

5.3 No assignment or sublicensing pursuant to sections 5.1 or 5.2, nor the Owner's consent thereto, will relieve the Licensee from the observance and performance of the Licensee's obligations contained in this license.

Article 6 - Cancellation

6.1 If the Licensee fails to observe or perform any term contained herein, and such failure continues after the giving of the written notice by the Owner to the Licensee of the nature of the failure for a period of:

(a) 30 days; or

(b) 150 days, if the failure because of its nature would reasonably require more than 30 days to cure, and provided that the Licensee is proceeding diligently and continuously to cure the failure throughout;

then the Owner may cancel this license and, notwithstanding subsection (i) of section 4.1, any fixtures to the Land shall become, at the discretion of the Owner, the property of the owner.

6.2 If this license is taken in execution or attachment by any person, or the Licensee commits an act of bankruptcy, becomes insolvent, is petitioned into bankruptcy or voluntarily enters into an arrangement with his creditors, the Owner may, on 90 days written notice to the Licensee, cancel this license and the rights herein granted.

6.3 If the Licensee ceases to use the Land for the purposes permitted herein and the Licensee does not recommence its use of the Land within 180 days of receipt of written notice from the Owner, the Owner may immediately cancel this license and the rights herein granted.

6.4 The Licensee may deliver a written notice to the Owner cancelling this license and thereafter the license and the rights herein granted will terminate 180 days after the date of receipt by the Owner of such written notice.

6.5 Notwithstanding subsection 4.1 (i), any building, machinery, plant, equipment and apparatus, or other improvements to the Land (collectively, the "Improvements") that remain unremoved from the Land:

(a) upon the cancellation of this license pursuant to section 6.1, or section 6.4; or

(b) thirty days after the expiration or cancellation of this license pursuant to section 6.2 or section 6.3 (provided that if further time is reasonably required because of the nature of the Improvements or because of other constraints beyond the control of the Licensee, including weather, and provided that the Licensee is proceeding diligently and continuously to remove such Improvements, the 30 day time for removal will be extended to 150 days after the expiration or cancellation of this license)

shall, at the discretion of the Owner, be forfeited to and become the property of the Owner.

6.6 If the Owner elects to assume ownership of any above-ground Improvements pursuant to section 6.5, the Owner may remove them from the Land and the Licensee shall, on demand, compensate the Owner for all costs incurred by the Owner respecting their removal.

6.7 The rights of the Owner under section 6.5 and section 6.6 shall be deemed to survive the expiration or earlier cancellation of this license.

Article 7 - Security

7.1 The security in the sum of $1.00 and all rights, privileges, benefits and interests accruing thereto delivered by the Licensee to the Owner (herein called the "Security") to guarantee the performance of the Licensee's obligations under this license shall be maintained in effect until such time as the Owner certifies in writing that such obligations have been fully performed. So long as the Licensee is Her Majesty the Queen in Right of the Province of British Columbia or a British Columbia crown corporation, the Owner will waive the requirements of this section.

7.2 If the Licensee defaults in the performance of any of its obligations hereunder, the Owner may, in its sole discretion, sell, call in and convert the Security, or any part of it, and such Security shall be deemed to have been absolutely forfeited to the Owner.

7.3 The rights of the Owner under this Article shall be deemed to continue in full force and effect notwithstanding the expiration or earlier cancellation of this license.

7.4 Notwithstanding any amount of Security stated to be required under section 7.1 the Owner may, acting reasonably, from time to time by notice to the Licensee, demand the amount to be changed to that specified in a notice and the Licensee shall, within 60 days of such notice, change the Security to that specified and provide the Owner with evidence of the change, except that while Security is waived under section 7.1, this section shall not apply.

Article 8 - Notice

8.1 Whenever service of a notice or a document is required under this license, the notice or documents shall be in writing and shall be deemed to have been served if delivered to, or if sent by prepaid registered mail addressed to, the Owner or the Licensee, as the case may be, at the addresses specified for each on the first page of this license, and where service is by registered mail the notice or document shall be conclusively deemed to have been served on the eighth day after its deposit in a Canada Post office at any place in Canada. If there is a disruption in mail service caused by labour dispute, civil unrest or other events beyond the control of the parties, between mailing and actual receipt of such notice, the party sending such notice will re-send by courier, fax or other electronic means and such notice will only be effective if actually received.

8.2 Either party may, by notice in writing to the other, specify another address for service of notices under this license and after another address has been specified under this section, notices shall be mailed to that address in accordance with this Article.

Article 9 - Miscellaneous

9.1 No term, condition, covenant or other provision herein shall be considered to have been waived by the Owner unless such waiver is expressed in writing by the Owner. Any such waiver of any term, condition, covenant or other provision herein shall not be construed as or constitute a waiver of any further or other breach of the same or any other term, condition, covenant, or other provision and the consent or approval of the Owner to any act by the Licensee requiring the consent or approval of the Owner shall not be considered to waive or render unnecessary such consents or approvals to any subsequent similar act by the Licensee.

9.2 No remedy conferred upon or reserved to the Owner is exclusive of any other remedy herein or provided by law, but such remedy shall be cumulative and shall be in addition to any other remedy herein or hereafter existing at law, in equity, or by statute.

9.3 This license shall not entitle the Licensee to exclusive possession of the Land and the Owner may, for any purpose, grant to others interests in the Land or rights to enter on or use or occupy the Land, or may otherwise authorize other persons to enter on or use or occupy the Land, so long as the grant or authorization does not materially affect the exercise of the Licensee's rights hereunder. The question of whether a grant materially affects the exercise of the Licensee's rights hereunder shall be determined by the Owner acting reasonably. If the Owner, by written instrument, grants a license, right or interest to others to use or occupy the Land, such grant will contain a provision identical to subsection 4.1 (f) of this license obligating the new grantee to keep the Land in a safe, clean and sanitary condition satisfactory to the Owner.

9.4 The terms and provisions of this license shall extend to, be binding upon and enure to the benefit of the parties hereto and their successors and permitted assigns.

9.5 Time is of the essence in this agreement.

Article 10 - Dispute Resolution

10.1 In this Article, "dispute" means any dispute arising out of or in connection with this license or in respect of any defined legal relationship associated with it or derived from it.

10.2 The parties agree to attempt to resolve all disputes by negotiations conducted in good faith and to provide timely disclosure of all relevant facts, information and documents to further those negotiations.

10.3 If a dispute is not settled through direct negotiations either party may request the British Columbia International Commercial Arbitration Centre (BCICAC) to appoint a mediator to conduct a mediation under its mediation rules of procedure.

10.4 If a dispute is not settled within 15 days of the appointment of the mediator or any further period of time agreed to by the parties, the dispute shall be referred to and finally resolved by arbitration before a single arbitrator under the arbitration rules of procedure of the BCICAC.

10.5 If the BCICAC is unavailable or unable to administer the mediation or arbitration of a dispute under its rules of procedure, the parties will select the rules of another institution.

Article 11 - Interpretation

11.1 In this license, unless the context otherwise requires, the singular includes the plural and the masculine includes the feminine gender and a corporation.

11.2 The captions and headings contained in this license are for convenience only and are not to be construed as defining or in any way limiting the scope or intent of the provisions herein.

11.3 If any section of this license or any part of a section is found to be illegal or unenforceable, that part or section, as the case may be, shall be considered separate and severable and the remaining parts and sections of this license shall not be affected thereby and shall be enforceable to the fullest extent permitted by law.

IN WITNESS WHEREOF, the parties have executed this license as of the day and year first above written.

SIGNED by a duly authorized signatory of )
)
in the presence of:)
____________________
Name
)
)
____________________
Authorized Signatory
____________________
Address
)
)
____________________)
)
SIGNED by a duly authorized signatory of )
)
in the presence of:)
____________________
Name
)
)
____________________
Authorized Signatory
____________________
Address
)
)
____________________)
)

LEGAL DESCRIPTION SCHEDULE

1. Legal Description

2. Sketch Plan

SPECIAL PROVISOS SCHEDULE

Appendix C - 2
Document 8

License of Occupation for a Hydrometric Station

THIS AGREEMENT made this __________ day of ____________________, 199

BETWEEN:

NISGA'A NATION, of

____________________
(the "Owner")

AND:

HER MAJESTY THE QUEEN IN RIGHT OF CANADA,
as represented by the Minister of the Environment

of____________________
(the "Licensee")

Whereas the Owner has agreed to grant to the Licensee a license over that parcel of land (the "Land") located generally in the vicinity of ________________ and described in the schedule attached and entitled "Legal Description";

Now therefore in consideration of the fee to be paid by and the covenants of the Licensee, the parties agree as follows:

Article 1 - Grant of License

1.1 The Owner, on the terms set forth herein, hereby grants to the Licensee a license to enter on and use the Land for the purpose of constructing, installing, erecting, maintaining, repairing and replacing any physical infrastructure shown in the Sketch Plan forming part of the Legal Description Schedule (the "Works") and to use the Works for operating a hydrometric station and cable-crossing.

Article 2 - Duration

2.1 The duration of the license and the rights herein granted shall be for a term of 20 years commencing on the       day of , 199 (the "Commencement Date") unless cancelled in accordance with the terms hereof.

2.2 Notwithstanding anything to the contrary in this license, so long as:

(a) the Licensee is not in default of any of the material terms of conditions of this license, and

(b) the Licensee has given the Owner, not more than · days prior to the expiration of the term herein granted, notice in writing of the Licensee's wish to re-apply for a new license of the Land,

the Owner may agree to offer a new license to the Licensee by notice to the Licensee, in writing, on the terms and conditions determined by the Owner and contained in the notice. The Licensee shall have a period of sixty (60) days from the date of receipt of the notice from the Owner to accept a new licence of the Land by executing the new license contained in the notice and delivering it to the Owner.

Article 3 - License Fee

3.1 The Licensee shall pay to the Owner a license fee during the term of this license, in advance, as follows:

(a) during each year of the first five years of the term of this license (the "Initial Fee Period"), the Licensee shall pay to the Owner:

(i) on the Commencement Date, the sum of $200.00; and

(ii) on each annual anniversary of the Commencement Date during the Initial Fee Period, a sum equal to the greater of:

(1) the annual license fee for the immediately preceding year; or

(2) the annual fair market rent; and

(b) during each year of each subsequent five year period over the term of this license (the "Subsequent Fee Period"), the Licensee shall pay to the Owner on each annual anniversary of the Commencement Date a sum equal to the greater of:

(i) the annual license fee for the immediately preceding year; or

(ii) the annual fair market rent for the Subsequent Fee Period, if the annual fair market rent has been determined:

(1) by written agreement between the Owner and the Licensee prior to the Subsequent Fee Period; or

(2) pursuant to the dispute resolution process set out in Article 10, invoked by the Owner or the Licensee prior to the Subsequent Fee Period.

3.2 In this Article, "annual fair market rent" means the fee which a willing licensee at arm's length from the Owner would pay to the Owner in respect of the Land excluding any allocation of value to any fixtures or improvements located on the Land:

(a) belonging to the Licensee; or

(b) not available for use by the Licensee.

Article 4 - Covenants of the Licensee

4.1 The Licensee covenants with the Owner:

(a) to pay the license fee due at the address of the Owner set out above or at such other place as the Owner may specify from time to time by the giving of notice to the Licensee in accordance with Article 8;

(b) to pay and discharge when due all applicable taxes, levies, charges and assessments now or hereafter assessed, levied or charged which relate to the Land or any of the Licensee's (or any sublicensee's of the Licensee) improvements thereon (the "Realty Taxes") that the Licensee is liable to pay;

(c) to observe, abide by and comply with all applicable laws, bylaws, orders, directions, ordinances and regulations of any competent government authority in any way affecting the Land and improvements situate thereon, or their use and occupation;

(d) not to commit or suffer any wilful or voluntary waste, spoil or destruction on the Land or do or suffer to be done thereon by its employees, contractors, agents, invitees or anyone for whom the Licensee is responsible at law anything that may be or become a nuisance to the Owner or to the occupiers of adjoining land;

(e) to deliver to the Owner from time to time, upon demand, proof of insurance provided for in subsection (k), receipts or other evidence of payment of Realty Taxes, insurance premiums and other monetary obligations of the Licensee required to be observed by the Licensee pursuant to this license;

(f) subject to the Crown Liability and Proceedings Act (Canada) and the Financial Administration Act (Canada), to indemnify and save harmless the Owner against all losses, damages, costs and liabilities, arising out of:

(i) any breach, violation or non-performance of any covenant, condition or agreement in this license by the Licensee; and

(ii) any personal injury, death or property damage arising out of the Licensee's use and occupation of the Land,

and the Owner may add the amount of such losses, damages, costs and liabilities to the Fee and the amount so added shall be payable to the Owner immediately.

(g) to keep the Land in a safe, clean and sanitary condition satisfactory to the Owner acting reasonably, and to make safe, clean and sanitary any portion of the Land or any improvement thereon that the Owner, acting reasonably, may direct by notice in writing to the Licensee;

(h) to permit the Owner or its authorized representative to enter upon the Land at any time to examine its condition;

(i) to use and occupy the Land in accordance with the provisions of this license including those set forth in the schedule attached and entitled "Special Provisos";

(j) on the expiration or at the earlier cancellation of this license:

(i) to quit peaceably and deliver possession of the Land to the Owner,

(ii) to remove from the Land all buildings, machinery, plant, equipment and apparatus and all other improvements to or things on the Land erected or placed on the Land by the Licensee; and

(iii) to restore the surface of the Land to the satisfaction of the Owner acting reasonably,

and to the extent necessary, this covenant shall survive the expiration or cancellation of this license;

(k) to effect and keep in force during the term insurance protecting the Owner and the Licensee (without any rights of cross-claim or subrogation against the Owner) against claims for personal injury, death, property damage or third party or public liability claims arising from any accident or occurrence on the Land to an amount not less than $1,000,000.00; provided, however, that so long as the Licensee is Her Majesty the Queen in right of Canada or a Canada Crown corporation the Owner will waive the requirements of this subsection on the delivery to the Owner of evidence that the Licensee is self insured;

(l) notwithstanding subsection (k), the Owner may from time to time notify the Licensee that the amount of insurance posted by the Licensee pursuant to that subsection be changed and the Licensee shall, within 60 days of receiving such notice, cause the amount of insurance posted, pursuant to subsection (k) to be changed to the amount specified by the Owner, acting reasonably, in the notice and deliver to the Owner written confirmation of the change, except that when the Licensee is self-insuring this section shall not apply; and

(m) not to interfere with the activities of any other person to enter on and use the Land under a subsequent right or interest granted by the Owner in accordance with section 9.3.

Article 5 - Assignment

5.1 The Licensee shall not assign this license or grant a sublicense of any part of the Land without the prior written consent of the Owner, which consent shall not be unreasonably withheld.

5.2 Notwithstanding section 5.1, the Licensee may, without the prior written consent of the Owner assign its interest in all or part of the Land to a Canada crown corporation provided that the Licensee gives written notice of any such change, at least 120 days prior to the next anniversary date of the term of this license.

5.3 No assignment or sublicensing pursuant to sections 5.1 or 5.2, nor the Owner's consent thereto, will relieve the Licensee from the observance and performance of the Licensee's obligations contained in this licence.

Article 6 - Cancellation

6.1 In the event that the Licensee fails to observe or perform any term contained herein, and such failure continues after the giving of the written notice by the Owner to the Licensee of the nature of the failure for a period of:

(a) 30 days; or:

(b) 150 days, if the failure because of its nature would reasonably require more than 30 days to cure, and provided that the Licensee is proceeding diligently and continuously to cure the failure throughout

then, and in any such case, the Owner may cancel this license and, notwithstanding subsection (j) of section 4.1, any fixtures to the Land shall become, at the discretion of the Owner, the property of the Owner.

6.2 In the event that this license is taken in execution or attachment by any person, or the Licensee commits an act of bankruptcy, becomes insolvent or is petitioned into bankruptcy or voluntarily enters into an arrangement with his creditors, the Owner may, on 90 days written notice to the Licensee, cancel this license and the rights herein granted.

6.3 In the event that the Licensee ceases to use the Land for the purposes permitted herein and the Licensee does not recommence its use of the Land within 180 days of receipt of written notice from the Owner, the Owner may immediately cancel this license and the rights herein granted.

6.4 In the event that the Owner requires a portion of the Land for a public purpose, the Owner may, in accordance with section 6.5 and on 180 days written notice to the Licensee, cancel this license and the rights herein granted with respect to no more than 5% of the whole of the Land.

6.5 Concurrently with the notice referred to in section 6.4, the Owner will give the licensee written notice that the Owner will, at its cost, relocate the Licensee's structures and improvements which are materially affected by the cancellation in Section 6.4 to a different location on the Land or to a location on other land immediately adjacent to the Land (the "New Location"). The New Location must, in the reasonable opinion of the Licensee, be of sufficient size to accommodate the Licensee's structures and improvements and be equally suitable for the purposes of the Licensee. The Owner will pay for any reasonable costs of moving the Licensee and its structures and improvements to the New Location. If the Licensee's structures and improvements cannot be moved to the New Location, the Owner will pay to the Licensee the reasonable costs of constructing new improvements on the New Location. As full compensation for all other costs, expenses and damages which the Licensee may incur in connection with the relocation, including disruption and loss of business, the parties shall agree on a lump sum payment and failing agreement, the matter shall be referred to arbitration pursuant to Article 10. All other terms and conditions of this license will apply to the New Location for the balance of the original term.

6.6 The Licensee may deliver a written notice to the Owner cancelling this license and thereafter the license and the rights herein granted will terminate 180 days after the date of receipt by the Owner of such written notice.

6.7 Notwithstanding subsection (j) of section 4.1, any buildings, machinery, plant, equipment and apparatus and all other improvements to the Land (collectively, the "Improvements") that remain unremoved from the Land:

(a) upon cancellation of this license pursuant to section 6.1, section 6.4 or section 6.6; or

(b) thirty days after the expiration or cancellation of this license pursuant to section 6.2 or section 6.3 (provided that if further time is reasonably required because of the nature of the Improvements or because of other constraints beyond the control of the Licensee, including weather, and provided that the Licensee is proceeding diligently and continuously to remove such Improvements, the 30 day time for removal will be extended to 150 days after the expiration or cancellation of this license)

shall, at the discretion of the Owner, be forfeited to and become the property of the Owner.

6.8 If the Owner elects to assume ownership of any Improvements pursuant to section 6.7, the Owner may remove them from the Land and the Licensee shall, on demand, compensate the Owner for all costs incurred by the Owner respecting their removal.

6.9 The rights of the Owner under section 6.7 and section 6.8 shall be deemed to survive the expiration or earlier cancellation of this license.

Article 7 - Security

7.1 The security in the sum of $· and all rights, privileges, benefits and interests accruing thereto delivered by the Licensee to the Owner (herein called the "Security") to guarantee the performance of the Licensee's obligations under this license shall be maintained in effect until such time as the Owner certifies in writing that such obligations have been fully performed. So long as the Licensee is Her Majesty the Queen in right of Canada or a Canada crown corporation, the Owner will waive the requirements of this subsection.

7.2 In the event the Licensee defaults in the performance of any of its obligations hereunder, the Owner may, in its sole discretion, sell, call in and convert the Security, or any part of it, and such Security shall be deemed to have been absolutely forfeited to the Owner.

7.3 The rights of the Owner under this Article shall be deemed to continue in full force and effect notwithstanding the expiration or earlier cancellation of this license.

7.4 Notwithstanding any amount of Security stated to be required under section 7.1, the Owner may, acting reasonably, from time to time by notice to the Licensee, demand the amount to be changed to that specified in a notice and the Licensee shall, within 60 days of such notice, change the Security to that specified and provide the Owner with evidence of the change, except that when no Security is required under section 7.1, this section shall not apply.

Article 8 - Notice

8.1 Where service of a notice or a document is required under this license, the notice or documents shall be in writing and shall be deemed to have been served if delivered to, or if sent by prepaid registered mail addressed to, the Owner and the Licensee at the addresses specified for each on the first page of this license, and where service is by registered mail the notice or document shall be conclusively deemed to have been served on the eighth day after its deposit in a Canada Post office at any place in Canada. Provided that if there is a disruption in mail service caused by labour dispute, civil unrest or other events beyond the control of the parties, between mailing and actual receipt of such notice, the party sending such notice will re-send by courier, fax or other electronic means and such notice will only be effective if actually received.

8.2 Either party may, by notice in writing to the other, specify another address for service of notices under this license and after another address is specified under this section, notices shall be mailed to that address in accordance with this Article.

Article 9 - Miscellaneous

9.1 No term, condition, covenant or other provision herein shall be considered to have been waived by the Owner unless such waiver is expressed in writing by the Owner. Any such waiver of any term, condition, covenant or other provision herein shall not be construed as or constitute a waiver of any further or other breach of the same or any other term, condition, covenant, or other provision and the consent or approval of the Owner to any act by the Licensee requiring the consent or approval of the Owner shall not be considered to waive or render unnecessary such consents or approvals to any subsequent similar act by the Licensee.

9.2 No remedy conferred upon or reserved to the Owner is exclusive of any other remedy herein or provided by law, but such remedy shall be cumulative and shall be in addition to any other remedy herein or hereafter existing at law, in equity, or by statute.

9.3 This license shall not entitle the Licensee to exclusive possession of the Land and the Owner may grant to others rights to use or interests in the Land for any purpose other than that permitted herein, so long as the grant does not materially affect the exercise of the Licensee's rights hereunder. The question of whether a grant materially affects the exercise of the Licensee's rights hereunder shall be determined by the Owner acting reasonably.

9.4 The terms and provisions of this license shall extend to, be binding upon and enure to the benefit of the parties hereto and their successors and permitted assigns.

9.5 Time is of the essence in this agreement.

Article 10 - Dispute Resolution

10.1 In this Article, "dispute" means any dispute arising out of or in connection with this license or in respect of any defined legal relationship associated with it or derived from it.

10.2 The parties agree to attempt to resolve all disputes by negotiations conducted in good faith and to provide timely disclosure of all relevant facts, information and documents to further those negotiations.

10.3 If a dispute is not settled through direct negotiations, either party may request the British Columbia International Commercial Arbitration Centre (BCICAC) to appoint a mediator to conduct a mediation under its mediation rules of procedure.

10.4 If a dispute is not settled within 15 days of the appointment of the mediator or any further period of time agreed to by the parties and if the dispute does not involve a question of public law, the dispute shall be referred to and resolved by arbitration in accordance with sections 10.5 to 10.9.

10.5 Unless the parties otherwise agree, the arbitration shall be conducted by a single arbitrator. The arbitrator shall be chosen by the parties; if they fail to agree on this choice within four (4) weeks following the commencement of their discussion, then either party may request the British Columbia International Commercial Arbitration Centre or such other organization or person agreed to by the parties in writing, to select an arbitrator. The arbitrator chosen shall be independent, impartial and competent.

10.6 The arbitrator shall render his decision in writing within thirty (30) days after the completion of the arbitration or if thirty (30) days is insufficient, then within such further time as is reasonable.

10.7 The arbitration shall be governed by the Commercial Arbitration Code referred to in the Commercial Arbitration Act (Canada) and except as provided in the Commercial Arbitration Code, the determination and award of the arbitration shall be final and binding on both parties.

10.8 The arbitration shall take place in the Province of British Columbia, at a location as the parties may agree and, failing agreement, at a location as the arbitrator may decide.

10.9 During the arbitration, the parties shall continue to perform their obligations under the license. It is not incompatible with this arbitration agreement for a party to request from a court, before or during the arbitration proceedings, an interim measure of protection and for a court to grant such measure.

Article 11 - Interpretation

11.1 In this license, unless the context otherwise requires, the singular includes the plural and the masculine includes the feminine gender and a corporation.

11.2 The captions and headings contained in this license are for convenience only and are not to be construed as defining or in any way limiting the scope or intent of the provisions herein.

11.3 If any section of this license or any part of a section is found to be illegal or unenforceable, that part or section, as the case may be, shall be considered separate and severable and the remaining parts or sections, as the case may be, shall not be affected thereby and shall be enforceable to the fullest extent permitted by law.

IN WITNESS WHEREOF, the parties have executed this license as of the day and year first above written.

SIGNED by a duly authorized signatory of )
)
in the presence of:)
____________________
Name
)
)
____________________
Authorized Signatory
____________________
Address
)
)
____________________)
)
SIGNED by a duly authorized signatory of )
the Minister of the Environment on behalf)
of Her Majesty the Queen in right of Canada)
in the presence of: )
____________________
Name
)
)
____________________
Authorized Signatory
____________________
Address
)
)
____________________)
)

LEGAL DESCRIPTION SCHEDULE

1. Legal Description

2. Sketch Plan

SPECIAL PROVISO SCHEDULE

(1) The Licensee may clear the Land and keep it cleared of all or any part of trees, growth, buildings or obstructions now or hereafter on the Land which might interfere with or obstruct the construction, erection, operation, maintenance, removal or replacement of the Works pursuant to this agreement.

(2) Despite subsection 4.1 (j) and section 6.7, at the expiration or cancellation of this license, the Licensee may leave on the Land any concrete foundation for the Works.

Appendix C - 2
Document 9

License of Occupation for a Navigational Light

THIS AGREEMENT made this __________ day of ____________________, 199

BETWEEN:

NISGA'A NATION, of

____________________
(the "Owner")

AND:

HER MAJESTY THE QUEEN IN RIGHT OF CANADA
c/o Superintendent, Navigational Aids, Canadian Coast Guard
Marine Navigation Services
25 Huron Street
Victoria BC V8V 4V9

(the "Licensee")

Whereas the Owner has agreed to grant to the Licensee a license to enter on and use that parcel of land (the "Land") located generally in the vicinity of ________________ and described in the schedule attached and entitled "Legal Description";

Now therefore in consideration of the fee to be paid by and the covenants of the Licensee, the parties agree as follows:

Article 1 - Grant of License

1.1 The Owner, on the terms set forth herein, hereby grants to the Licensee a license to enter on and use the Land for the purpose of constructing, installing, erecting, maintaining, operating, repairing and replacing a marine navigation aid.

Article 2 - Duration

2.1 The duration of the license and the rights herein granted shall be for a term of 20 years commencing on the        day of , 199 (the "Commencement Date") unless cancelled in accordance with the terms hereof.

2.2 Notwithstanding anything to the contrary in this licence, so long as:

(a) the Licensee is not in default of any of the material terms of conditions of this licence, and

(b) the Licensee has given the Owner, not more than _______ days prior to the expiration of the term herein granted, notice in writing of the Licensee's wish to re-apply for a new licence of the Land,

the Owner may agree to offer a new licence to the Licensee by notice to the Licensee, in writing, on the terms and conditions determined by the Owner and contained in the notice. The Licensee shall have a period of sixty (60) days from the date of receipt of the notice from the Owner to accept a new licence of the Land by executing the new licence contained in the notice and delivering it to the Owner.

Article 3 -- License Fee

3.1 The Licensee shall pay to the Owner a license fee of $1.00 on the Commencement Date for the entire term of this license.

Article 4 - Covenants of the Licensee

4.1 The Licensee covenants with the Owner:

(a) to pay the license fee due at the address of the Owner set out above or at such other place as the Owner may specify from time to time by the giving of notice to the Licensee in accordance with Article 8;

(b) to pay and discharge when due all applicable taxes, levies, charges and assessments now or hereafter assessed, levied or charged which relate to the Land or any of the Licensee's (or any sublicensee's of the Licensee) improvements thereon (the "Realty Taxes") that the Licensee is liable to pay;

(c) to observe, abide by and comply with all applicable laws, bylaws, orders, directions, ordinances and regulations of any competent government authority in any way affecting the Land and improvements situate thereon, or their use and occupation;

(d) not to commit or suffer any wilful or voluntary waste, spoil or destruction on the Land or do or suffer to be done thereon by its employees, contractors, agents, invitees or anyone for whom the Licensee is responsible at law anything that may be or become a nuisance to the Owner or to the occupiers of adjoining land;

(e) to deliver to the Owner from time to time, upon demand, proof of insurance provided for in subsection (k), receipts or other evidence of payment of Realty Taxes, insurance premiums and other monetary obligations of the Licensee required to be observed by the Licensee pursuant to this license;

(f) subject to the Crown Liability and Proceedings Act (Canada) and the Financial Administration Act (Canada), to indemnify and save harmless the Owner against all losses, damages, costs and liabilities, arising out of:

(i) any breach, violation or non-performance of any covenant, condition or agreement in this license by the Licensee; and

(ii) any personal injury, death or property damage arising out of the Licensee's use and occupation of the Land,

and the Owner may add the amount of such losses, damages, costs and liabilities to the Fee and the amount so added shall be payable to the Owner immediately;

(g) to keep the Land in a safe, clean and sanitary condition satisfactory to the Owner acting reasonably, and to make safe, clean and sanitary any portion of the Land or any improvement thereon that the Owner, acting reasonably, may direct by notice in writing to the Licensee;

(h) to permit the Owner or its authorized representative to enter upon the Land at any time to examine its condition;

(i) to use and occupy the Land in accordance with the provisions of this license including those set forth in the schedule attached and entitled "Special Provisos";

(j) on the expiration or at the earlier cancellation of this license:

(i) to quit peaceably and deliver possession of the Land to the Owner,

(ii) to remove from the Land all buildings, machinery, plant equipment and apparatus and all other improvements to or things on the Land erected or placed on the Land by the Licensee; and

(iii) to restore the surface of the Land to the satisfaction of the Owner acting reasonably,

and to the extent necessary, this covenant shall survive the expiration or cancellation of this license;

(k) to effect and keep in force during the term insurance protecting the Owner and the Licensee (without any rights of cross-claim or subrogation against the Owner) against claims for personal injury, death, property damage or third party or public liability claims arising from any accident or occurrence on the Land to an amount not less than $1,000,000.00; provided, however, that so long as the Licensee is Her Majesty the Queen in right of Canada or a Canada Crown corporation, the Owner will waive the requirements of this subsection on the delivery to the Owner of evidence that the Licensee is self insured;

(l) notwithstanding subsection (k), the Owner may from time to time notify the Licensee that the amount of insurance posted by the Licensee pursuant to that subsection be changed and the Licensee shall, within 60 days of receiving such notice, cause the amount of insurance posted, pursuant to subsection (k) to be changed to the amount specified by the Owner, acting reasonably, in the notice and deliver to the Owner written confirmation of the change, except that when the Licensee is self-insuring this section shall not apply; and

(m) not to interfere with the activities of any other person to enter on and use the Land under a subsequent right or interest granted by the Owner in accordance with Section 9.3.

Article 5 - Assignment

5.1 The Licensee shall not assign this license or grant a sublicense of any part of the Land without the prior written consent of the Owner, which consent shall not be unreasonably withheld.

5.2 Notwithstanding section 5.1, the Licensee may, without the prior written consent of the Owner assign its interest in all or a part of the Land to a Canada crown corporation provided that the Licensee gives written notice of any such change, at least 120 days prior to the next anniversary date of the term of this license.

5.3 No assignment or sublicensing pursuant to sections 5.1 or 5.2, nor the Owner's consent thereto, will relieve the Licensee from the observance and performance of the Licensee's obligations contained in this licence.

Article 6 - Cancellation

6.1 In the event that the Licensee fails to observe or perform any term contained herein, and such failure continues after the giving of the written notice by the Owner to the Licensee of the nature of the failure for a period of:

(a) 30 days; or

(b) 150 days, if the failure because of its nature would reasonably require more than 30 days to cure, and provided that the Licensee is proceeding diligently and continuously to cure the failure throughout;

then, and in any such case, the Owner may cancel this license and, notwithstanding subsection (j) of section 4.1, any fixtures to the Land shall become, at the discretion of the Owner, the property of the Owner.

6.2 In the event that this license is taken in execution or attachment by any person, or the Licensee commits an act of bankruptcy, becomes insolvent or is petitioned into bankruptcy or voluntarily enters into an arrangement with his creditors, the Owner may, on 90 days written notice to the Licensee, cancel this license and the rights herein granted.

6.3 In the event that the Licensee ceases to use the Land for the purposes permitted herein and the Licensee does not recommence its use of the Land within 180 days of receipt of written notice from the Owner, the Owner may immediately cancel this license and the rights herein granted.

6.4 In the event that the Owner requires a portion of the Land for a public purpose, the Owner may, in accordance with section 6.5 and on 180 days written notice to the Licensee, cancel this license and the rights herein granted with respect to no more than 5% of the whole of the Land.

6.5 Concurrently with the notice referred to in section 6.4, the Owner will give the licensee written notice that the Owner will, at its cost, relocate the Licensee's structures and improvements which are materially affected by the cancellation in Section 6.4 to a different location on the Land or to a location on other land immediately adjacent to the Land (the "New Location"). The New Location must, in the reasonable opinion of the Licensee, be of sufficient size to accommodate the Licensee's structures and improvements and be equally suitable for the purposes of the Licensee. The Owner will pay for any reasonable costs of moving the Licensee and its structures and improvements to the New Location. If the Licensee's structures and improvements cannot be moved to the New Location, the Owner will pay to the Licensee the reasonable costs of constructing new improvements on the New Location. As full compensation for all other costs, expenses and damages which the Licensee may incur in connection with the relocation, including disruption and loss of business, the parties shall agree on a lump sum payment and failing agreement, the matter shall be referred to arbitration pursuant to Article 10. All other terms and conditions of this license will apply to the New Location for the balance of the original term.

6.6 The Licensee may deliver a written notice to the Owner cancelling this license and thereafter the license and the rights herein granted will terminate 180 days after the date of receipt by the Owner of such written notice.

6.7 Notwithstanding subsection (j) of section 4.1, any buildings, machinery, plant, equipment and apparatus and all other improvements to the Land (collectively, the "Improvements") that remain unremoved from the Land:

(a) upon the cancellation of this license pursuant to section 6.1, section 6.4 or section 6.6; or

(b) thirty days after the expiration or cancellation of this license pursuant to section 6.2 or section 6.3 (provided that if because of the nature of the Improvements or because of other constraints beyond the control of the Licensee, including weather, and provided that the Licensee is proceeding diligently and continuously to remove such Improvements, the 30 day time for removal will be extended to 150 days after the expiration or cancellation of this license)

shall, at the discretion of the Owner, be forfeited to and become the property of the Owner.

6.8 If the Owner elects to assume ownership of any Improvements pursuant to section 6.7, the Owner may remove them from the Land and the Licensee shall, on demand, compensate the Owner for all costs incurred by the Owner respecting their removal.

6.9 The rights of the Owner under section 6.7 and section 6.8 shall be deemed to survive the expiration or earlier cancellation of this license.

Article 7 - Security

7.1 The security in the sum of $· and all rights, privileges, benefits and interests accruing thereto delivered by the Licensee to the Owner (herein called the "Security") to guarantee the performance of the Licensee's obligations under this license shall be maintained in effect until such time as the Owner certifies in writing that such obligations have been fully performed. So long as the Licensee is Her Majesty in right of Canada or a Canada crown corporation, the Owner will waive the requirements of this subsection.

7.2 In the event the Licensee defaults in the performance of any of its obligations hereunder, the Owner may, in its sole discretion, sell, call in and convert the Security, or any part of it, and such Security shall be deemed to have been absolutely forfeited to the Owner.

7.3 The rights of the Owner under this Article shall be deemed to continue in full force and effect notwithstanding the expiration or earlier cancellation of this license.

7.4 Notwithstanding any amount of Security stated to be required under section 7.1 the Owner may, acting reasonably, from time to time by notice to the Licensee, demand the amount to be changed to that specified in a notice and the Licensee shall, within 60 days of such notice, change the Security to that specified and provide the Owner with evidence of the change, except that when no Security is required under section 7.1 this section shall not apply.

Article 8 - Notice

8.1 Where service of a notice or a document is required under this license, the notice or documents shall be in writing and shall be deemed to have been served if delivered to, or if sent by prepaid registered mail addressed to, the Owner and the Licensee at the addresses specified for each on the first page of this license, and where service is by registered mail the notice or document shall be conclusively deemed to have been served on the eighth day after its deposit in a Canada Post office at any place in Canada. Provided that if there is a disruption in mail service caused by labour dispute, civil unrest or other events beyond the control of the parties, between mailing and actual receipt of such notice, the party sending such notice will re-send by courier, fax or other electronic means and such notice will only be effective if actually received.

8.2 Either party may, by notice in writing to the other, specify another address for service of notices under this license and after another address is specified under this section, notices shall be mailed to that address in accordance with this Article.

Article 9 - Miscellaneous

9.1 No term, condition, covenant or other provision herein shall be considered to have been waived by the Owner unless such waiver is expressed in writing by the Owner. Any such waiver of any term, condition, covenant or other provision herein shall not be construed as or constitute a waiver of any further or other breach of the same or any other term, condition, covenant, or other provision and the consent or approval of the Owner to any act by the Licensee requiring the consent or approval of the Owner shall not be considered to waive or render unnecessary such consents or approvals to any subsequent similar act by the Licensee.

9.2 No remedy conferred upon or reserved to the Owner is exclusive of any other remedy herein or provided by law, but such remedy shall be cumulative and shall be in addition to any other remedy herein or hereafter existing at law, in equity, or by statute.

9.3 This license shall not entitle the Licensee to exclusive possession of the Land and the Owner may grant to others rights to use or interests in the Land for any purpose other than that permitted herein, so long as the grant or authorization does not materially affect the exercise of the Licensee's rights hereunder. The question of whether a grant materially affects the exercise of the Licensee's rights hereunder shall be determined by the Owner acting reasonably. If the Owner, by written instrument, grants a license, right or interest to others to use or occupy the Land, such grant will contain a provision identical to subsection 4.1 (g) of this license obligating the new grantee to keep the Land in a safe, clean and sanitary condition satisfactory to the Owner.

9.4 The terms and provisions of this license shall extend to, be binding upon and enure to the benefit of the parties hereto and their successors and permitted assigns.

9.5 Time is of the essence in this agreement.

Article 10 - Dispute Resolution

10.1 In this Article, "dispute" means any dispute arising out of or in connection with this licence or in respect of any defined legal relationship associated with it or derived from it.

10.2 The parties agree to attempt to resolve all disputes by negotiations conducted in good faith and to provide timely disclosure of all relevant facts, information and documents to further those negotiations.

10.3 If a dispute is not settled through direct negotiations, either party may request the British Columbia International Commercial Arbitration Centre (BCICAC) to appoint a mediator to conduct a mediation under its mediation rules of procedure.

10.4 If a dispute is not settled within 15 days of the appointment of the mediator or any further period of time agreed to by the parties and if the dispute does not involve a question of public law, the dispute shall be referred to and resolved by arbitration in accordance with sections 10.5 to 10.9.

10.5 Unless the parties otherwise agree, the arbitration shall be conducted by a single arbitrator. The arbitrator shall be chosen by the parties; if they fail to agree on this choice within four (4) weeks following the commencement of their discussion, then either party may request the British Columbia International Commercial Arbitration Centre or such other organization or person agreed to by the parties in writing, to select an arbitrator. The arbitrator chosen shall be independent, impartial and competent.

10.6 The arbitrator shall render his decision in writing within thirty (30) days after the completion of the arbitration or if thirty (30) days is insufficient, then within such further time as is reasonable.

10.7 The arbitration shall be governed by the Commercial Arbitration Code referred to in the Commercial Arbitration Act (Canada) and except as provided in the Commercial Arbitration Code, the determination and award of the arbitration shall be final and binding on both parties.

10.8 The arbitration shall take place in the Province of British Columbia, at a location as the parties may agree and, failing agreement, at a location as the arbitrator may decide.

10.9 During the arbitration, the parties shall continue to perform their obligations under the license. It is not incompatible with this arbitration agreement for a party to request from a court, before or during the arbitration proceedings, an interim measure of protection and for a court to grant such measure.

Article 11 - Interpretation

11.1 In this license, unless the context otherwise requires, the singular includes the plural and the masculine includes the feminine gender and a corporation.

11.2 The captions and headings contained in this license are for convenience only and are not to be construed as defining or in any way limiting the scope or intent of the provisions herein.

11.3 If any section of this license or any part of a section is found to be illegal or unenforceable, that part or section, as the case may be, shall be considered separate and severable and the remaining parts or sections, as the case may be, shall not be affected thereby and shall be enforceable to the fullest extent permitted by law.

IN WITNESS WHEREOF, the parties have executed this license as of the day and year first above written.

SIGNED by a duly authorized signatory of )
)
in the presence of:)
____________________
Name
)
)
____________________
Authorized Signatory
____________________
Address
)
)
____________________)
)
SIGNED by a duly authorized signatory of )
the Minister of Fisheries and Oceans on )
behalf of Her Majesty the Queen in right of)
Canada in the presence of )
____________________
Name
)
)
____________________
Authorized Signatory
____________________
Address
)
)
____________________)
)

LEGAL DESCRIPTION SCHEDULE

1. Legal Description

2. Sketch Plan

SPECIAL PROVISO SCHEDULE

Special Provisos:

(1) The Licensee may clear the Land and keep it cleared of all or any part of trees, growth, buildings or obstructions now or hereafter on the Land which might interfere with or obstruct the construction, erection, operation, maintenance, removal or replacement of the Navigational Light.

(2) Despite subsection 4.1 (j) and section 6.7, at the expiration or cancellation of this License, the Licensee may leave on the Land any concrete foundation for the Navigational Light.

Appendix C - 2
Document 10

License of Occupation for Telephone Exchange

THIS AGREEMENT made this __________ day of ____________________, 199

BETWEEN:

NISGA'A NATION, of

____________________
(the "Owner")

AND:

BC TEL, of

____________________
(the "Licensee")

Whereas the Owner has agreed to grant to the Licensee a license to enter on and use that parcel of land (the "Land") located generally in the vicinity of ________________ and described in the schedule attached and entitled "Legal Description";

Now therefore in consideration of the fee to be paid by, and the covenants of, the Licensee, the parties agree as follows:

Article 1 - Grant of License

1.1 The Owner, on the terms set forth herein, hereby grants to the Licensee a license to enter on and use the Land for the purpose of constructing, maintaining, repairing, replacing, removing and operating for communication purposes any building, road, antennae, pole, cable, strand, powerline or other physical infrastructure shown in the site plan forming part of the Legal Description Schedule (the "Civil Infrastructure").

Article 2 - Duration

2.1 The duration of the license and the rights herein granted shall be for a term of 20 years commencing on the       day of , 199 (the "Commencement Date") unless cancelled in accordance with Article 6.

2.2 Notwithstanding anything to the contrary in this license, so long as:

(a) the Licensee is not in default of any of the material terms or conditions of this license; and

(b) the Licensee has given the Owner, not more than · days prior to the expiration of the term herein granted, notice in writing of the Licensee's wish to re-apply for a new license to enter on and use the Land

the Owner may agree to offer a new license to the Licensee by notice to the Licensee, in writing, on the terms and conditions determined by the Owner and contained in the notice. The Licensee shall have a period of 60 days from the date of receipt of the notice from the Owner to accept a new license to enter on and use the Land by executing the new license contained in the notice and delivering it to the Owner.

Article 3 - License Fee

3.1 The Licensee shall pay to the Owner an annual license fee during the term of this license, in advance, as follows:

(a) during the first five years of the term of this license (the "Initial Fee Period"), the Licensee shall pay to the Owner:

(i) on the Commencement Date, the sum of $500.00; and

(ii) on each annual anniversary of the Commencement Date during the Initial Fee Period, a sum equal to the greater of:

(1) the annual license fee for the immediately preceding year; or

(2) the amount which would be payable on that date under the then-existing policies of the Province of British Columbia with respect to the payment of rent for communication sites located on similar Crown Land (the "Provincial Policies"); and

(b) during each subsequent five year period over the term of this license (a "Subsequent Fee Period"), the Licensee shall pay to the Owner on each annual anniversary of the Commencement Date a sum equal to the greatest of:

(i) the annual license fee for the immediately preceding year,

(ii) the amount which would be payable on that date under the then-existing Provincial Policies, or

(iii) the annual fair market rent for the Subsequent Fee Period, if that annual fair market rent has been determined:

(1) by written agreement between the Owner and the Licensee prior to the Subsequent Fee Period; or

(2) pursuant to the dispute resolution process set out in Article 10, invoked by the Owner or the Licensee prior to the Subsequent Fee Period.

3.2 In this Article, "annual fair market rent" means the fee which a willing licensee at arm's length from the Owner would pay to the Owner in respect of the Land excluding any allocation of value to any fixtures or improvements located on the Land:

(a) belonging to the Licensee; or

(b) not available for use by the Licensee.

Article 4 - Covenants of the Licensee

4.1 The Licensee covenants with the Owner:

(a) to pay the license fee due at the address of the Owner set out above or at such other place as the Owner may specify from time to time by the giving of notice to the Licensee in accordance with Article 8;

(b) to pay and discharge when due all applicable taxes, levies, charges and assessments now or hereafter assessed, levied or charged that relate to the Land or any of the Licensee's improvements thereon (the "Realty Taxes") that the Licensee is liable to pay;

(c) to observe, abide by and comply with all applicable laws, bylaws, orders, directions, ordinances and regulations of any competent government authority in any way affecting the Land and improvements situate thereon, or their use and occupation;

(d) not to commit or suffer any wilful or voluntary waste, spoil or destruction on the Land or do or suffer to be done thereon by its employees, contractors, agents, invitees or anyone for whom the Licensee is responsible at law anything that may be or become a nuisance to the Owner or to the occupiers of adjoining land;

(e) to deliver to the Owner from time to time, upon demand, proof of insurance provided for in subsection (k), receipts or other evidence of payment of Realty Taxes, insurance premiums and other monetary obligations of the Licensee required to be observed by the Licensee pursuant to this license;

(f) to indemnify and save harmless the Owner against all losses, damages, costs and liabilities, including fees of solicitors and other professional advisors, arising out of:

(i) any breach, violation or non-performance of any covenant, condition or agreement in this license by the Licensee, or

(ii) any personal injury, death or property damage arising out of the Licensee's use and occupation of the Land

and the Owner may add the amount of such losses, damages, costs and liabilities to the Fee and the amount so added shall be payable to the Owner immediately;

(g) to keep the Land in a safe, clean and sanitary condition satisfactory to the Owner acting reasonably, and to make safe, clean and sanitary any portion of the Land or any improvement thereon that the Owner, acting reasonably, may direct by notice in writing to the Licensee;

(h) to permit the Owner or its authorized representative to enter upon the Land at any time to examine its condition;

(i) to use and occupy the Land in accordance with the provisions of this license including those set forth in the schedule attached and entitled "Special Provisos";

(j) on the expiration or at the earlier cancellation of this license:

(i) to quit peaceably and deliver possession of the Land to the Owner,

(ii) to remove from the Land all above-ground buildings, machinery, plant equipment and apparatus and all other improvements to or things on the Land erected or placed on the Land by the Licensee, and

(iii) to restore the surface of the Land to the satisfaction of the Owner acting reasonably,

and to the extent necessary, this covenant shall survive the expiration or cancellation of this license;

(k) to effect and keep in force during the term insurance protecting the Owner and the Licensee (without any rights of cross-claim or subrogation against the Owner) against claims for personal injury, death, property damage or third party or public liability claims arising from any accident or occurrence on the Land to an amount not less than $1,000,000.00; except, however, that the Owner may, in its sole discretion, waive the requirements of this subsection on the delivery to the Owner of evidence that the Licensee is self insured;

(l) notwithstanding subsection (k), the Owner may from time to time notify the Licensee that the amount of insurance posted by the Licensee pursuant to that subsection be changed and the Licensee shall, within 60 days of receiving such notice, cause the amount of insurance posted, pursuant to subsection (k) to be changed to the amount specified by the Owner, acting reasonably, in the notice and deliver to the Owner written confirmation of the change, except that when the Licensee is self-insuring this section shall not apply; and

(m) not to interfere with the activities, works or other improvements of any other person who enters on or uses or occupies the Land under a subsequent right or interest granted by the Owner, or who is otherwise authorized by the Owner to enter on or use or occupy the Land, in accordance with Section 9.3; and

(n) on request of the Owner, to provide to the Owner an inventory of communication uses sufficient to allow the calculation of fees under the Provincial Policies.

Article 5 - Assignment

5.1 The Licensee shall not assign this license or grant a sublicense of any part of the Land without the prior written consent of the Owner, which consent shall not be unreasonably withheld.

5.2 Notwithstanding section 5.1, the Licensee may, without the prior written consent of the Owner, assign its interest in all or a part of the Land to an affiliate (as defined in the Company Act, RSBC 1996) of the Licensee provided that the Licensee gives written notice of any such change at least 120 days prior to the next anniversary date of the term of this license.

5.3 No assignment or sublicensing pursuant to sections 5.1 or 5.2, nor the Owner's consent thereto, will relieve the Licensee from the observance and performance of the Licensee's obligations contained in this license.

Article 6 - Cancellation

6.1 If the Licensee fails to observe or perform any term contained herein, and such failure continues after the giving of the written notice by the Owner to the Licensee of the nature of the failure for a period of:

(a) 30 days; or

(b) 150 days, if the failure because of its nature would reasonably require more than 30 days to cure, and provided that the Licensee is proceeding diligently and continuously to cure the failure throughout;

then the Owner may cancel this license and, notwithstanding subsection 4.1 (j), any fixtures to the Land shall become, at the discretion of the Owner, the property of the Owner.

6.2 If this license is taken in execution or attachment by any person, or the Licensee commits an act of bankruptcy, becomes insolvent, is petitioned into bankruptcy or voluntarily enters into an arrangement with his creditors, the Owner may, on 90 days written notice to the Licensee, cancel this license and the rights herein granted.

6.3 If the Licensee ceases to use the Land for the purposes permitted herein and the Licensee does not recommence its use of the Land within 180 days of receipt of written notice from the Owner, the Owner may immediately cancel this license and the rights herein granted.

6.4 If the Owner requires a portion of the Land for a public purpose, the Owner may, in accordance with section 6.5 and on 180 days written notice to the Licensee, cancel this license and the rights herein granted with respect to the whole or any part of the Land.

6.5 Concurrently with the notice referred to in section 6.4, the Owner will give the Licensee written notice that the Owner will, at its cost, relocate the Licensee's structures and improvements that are materially affected by the cancellation in Section 6.4 to a different location on the Land or to a location on other land in the vicinity of the Land (the "New Location"). The New Location must, in the reasonable opinion of the Licensee, be of sufficient size to accommodate the Licensee's structures and improvements and be equally suitable for the purposes of the Licensee. The Owner will pay for any reasonable costs of moving the Licensee and its structures and improvements to the New Location. If the Licensee's structures and improvements cannot be moved to the New Location, the Owner will pay to the Licensee the reasonable costs of constructing new improvements on the New Location. As full compensation for all other costs, expenses and damages that the Licensee may incur in connection with the relocation, including disruption and loss of business, the parties shall agree on a lump sum payment and failing agreement, the matter shall be referred to arbitration pursuant to Article 10. All other terms and conditions of this license will apply to the New Location for the balance of the original term.

6.6 The Licensee may deliver a written notice to the Owner cancelling this license and thereafter the license and the rights herein granted will terminate 180 days after the date of receipt by the Owner of such written notice.

6.7 Notwithstanding subsection 4.1 (j), any building, machinery, plant, equipment, apparatus or other improvements to the Land (collectively, the "Improvements") that remains unremoved from the Land:

(a) upon the cancellation of this license pursuant to section 6.1, section 6.4 or section 6.6; or

(b) thirty days after the expiration of this license or the cancellation of this license pursuant to section 6.2 or section 6.3 (provided that if further time is reasonably required because of the nature of the Improvements or because of other constraints beyond the control of the Licensee, including weather, and provided that the Licensee is proceeding diligently and continuously to remove such Improvements, the 30 day time for removal will be extended to 150 days after the expiration or cancellation of this license),

shall, at the discretion of the Owner, be forfeited to and become the property of the Owner.

6.8 If the Owner elects to assume ownership of any Improvements pursuant to section 6.7, the Owner may remove them from the Land and the Licensee shall, on demand, compensate the Owner for all costs incurred by the Owner respecting their removal.

6.9 The rights of the Owner under section 6.7 and section 6.8 shall be deemed to survive the expiration or earlier cancellation of this license.

Article 7 - Security

7.1 The security in the sum of $· and all rights, privileges, benefits and interests accruing thereto delivered by the Licensee to the Owner (herein called the "Security") to guarantee the performance of the Licensee's obligations under this license shall be maintained in effect until such time as the Owner certifies in writing that such obligations have been fully performed. The Owner may, in its sole discretion, waive the requirements of this section.

7.2 In the event the Licensee defaults in the performance of any of its obligations hereunder, the Owner may, in its sole discretion, sell, call in and convert the Security, or any part of it, and such Security shall be deemed to have been absolutely forfeited to the Owner.

7.3 The rights of the Owner under this Article shall be deemed to continue in full force and effect notwithstanding the expiration or earlier cancellation of this license.

7.4 Notwithstanding any amount of Security stated to be required under section 7.1, the Owner may, acting reasonably, from time to time by notice to the Licensee, demand the amount to be changed to that specified in a notice and the Licensee shall, within 60 days of such notice, change the Security to that specified and provide the Owner with evidence of the change, except that while Security is waived under section 7.1, this section shall not apply.

Article 8 - Notice

8.1 Whenever service of a notice or a document is required under this license, the notice or documents shall be in writing and shall be deemed to have been served if delivered to, or if sent by prepaid registered mail addressed to, the Owner or the Licensee, as the case may be, at the addresses specified for each on the first page of this license, and where service is by registered mail the notice or document shall be conclusively deemed to have been served on the eighth day after its deposit in a Canada Post office at any place in Canada. If there is a disruption in mail service caused by labour dispute, civil unrest or other events beyond the control of the parties, between mailing and actual receipt of such notice, the party sending such notice will re-send by courier, fax or other electronic means and such notice will only be effective if actually received.

8.2 Either party may, by notice in writing to the other, specify another address for service of notices under this license and after another address has been specified under this section, notices shall be mailed to that address in accordance with this Article.

Article 9 - Miscellaneous

9.1 No term, condition, covenant or other provision herein shall be considered to have been waived by the Owner unless such waiver is expressed in writing by the Owner. Any such waiver of any term, condition, covenant or other provision herein shall not be construed as or constitute a waiver of any further or other breach of the same or any other term, condition, covenant, or other provision and the consent or approval of the Owner to any act by the Licensee requiring the consent or approval of the Owner shall not be considered to waive or render unnecessary such consents or approvals to any subsequent similar act by the Licensee.

9.2 No remedy conferred upon or reserved to the Owner is exclusive of any other remedy herein or provided by law, but such remedy shall be cumulative and shall be in addition to any other remedy herein or hereafter existing at law, in equity, or by statute.

9.3 This license shall not entitle the Licensee to exclusive possession of the Land and the Owner may, for any purpose, grant to others interests in the Land or rights to enter on or use or occupy the Land, or may otherwise authorize other persons to enter on or use or occupy the Land, so long as the grant or authorization does not materially affect the exercise of the Licensee's rights hereunder. The question of whether a grant materially affects the exercise of the Licensee's rights hereunder shall be determined by the Owner acting reasonably. If the Owner, by written instrument, grants a license, right or interest to others to use or occupy the Land, such grant will contain a provision identical to subsection 4.1 (g) of this license obligating the new grantee to keep the Land in a safe, clean and sanitary condition satisfactory to the Owner.

9.4 The terms and provisions of this license shall extend to, be binding upon and enure to the benefit of the parties hereto and their successors and permitted assigns.

9.5 Time is of the essence in this agreement.

Article 10 - Dispute Resolution

10.1 In this Article, "dispute" means any dispute arising out of or in connection with this license or in respect of any defined legal relationship associated with it or derived from it.

10.2 The parties agree to attempt to resolve all disputes by negotiations conducted in good faith and to provide timely disclosure of all relevant facts, information and documents to further those negotiations.

10.3 If a dispute is not settled through direct negotiations either party may request the British Columbia International Commercial Arbitration Centre (BCICAC) to appoint a mediator to conduct a mediation under its mediation rules of procedure.

10.4 If a dispute is not settled within 15 days of the appointment of the mediator or any further period of time agreed to by the parties, the dispute shall be referred to and finally resolved by arbitration before a single arbitrator under the arbitration rules of procedure of the BCICAC.

10.5 If the BCICAC is unavailable or unable to administer the mediation or arbitration of a dispute under its rules of procedure, the parties will select the rules of another institution.

Article 11 - Interpretation

11.1 In this license, unless the context otherwise requires, the singular includes the plural and the masculine includes the feminine gender and a corporation.

11.2 The captions and headings contained in this license are for convenience only and are not to be construed as defining or in any way limiting the scope or intent of the provisions herein.

11.3 If any section of this license or any part of a section is found to be illegal or unenforceable, that part or section, as the case may be, shall be considered separate and severable and the remaining parts and sections of this license shall not be affected thereby and shall be enforceable to the fullest extent permitted by law.

IN WITNESS WHEREOF, the parties have executed this license as of the day and year first above written.

SIGNED by a duly authorized signatory of )
)
in the presence of:)
____________________
Name
)
)
____________________
Authorized Signatory
____________________
Address
)
)
____________________)
)
SIGNED by a duly authorized signatory of )
)
in the presence of:)
____________________
Name
)
)
____________________
Authorized Signatory
____________________
Address
)
)
____________________)
)

LEGAL DESCRIPTION SCHEDULE

1. Legal Description

2. Sketch Plan

Appendix C - 2
Document 11

Permit of Occupation for Waterworks

THIS AGREEMENT made this __________ day of ____________________, 199

BETWEEN:

NISGA'A NATION, of

____________________
(the "Owner")

AND:

The Holder of British Columbia Conditional Water Licence ____________________ , being as
of the date of this Agreement ____________________
of ____________________
("the Permittee")

WHEREAS the Owner has agreed to grant to the Permittee a permit in respect of that parcel of Nisga'a Lands ("the Land") described in the attached Schedule "A", entitled Legal Description Schedule;

NOW THEREFORE in consideration of the fee to be paid by, and the covenants of, the Permittee, the Owner and the Permittee agree as follows:

Article 1 - Grant of Permit

1.1 The Owner, on the terms set forth therein, hereby grants to the Permittee a permit to occupy the Land for the purpose of constructing, reconstructing, replacing, maintaining and operating thereon works necessary for the conveyance of water from    (watercourse)    to    (legal description)    ("the Appurtenant Property"), in accordance with British Columbia Conditional Water Licence ____________________ ("the Water Licence") and for the purposes specified in the Water Licence on the date of this Agreement (the "Commencement Date").

Article 2 - The Land

2.1 The Land that is authorized to be occupied under this permit is described in the Schedule attached and entitled "Legal Description".

Article 3 - Timber Cutting

3.1 The Permittee may cut and remove from the Land any timber, shrubs or foliage necessary to permit the construction, reconstruction, replacement, maintenance and operation of the works referred to in section 1.1, provided that prior to the cutting or removal of any timber, the Permittee will apply for and obtain from the Owner a timber licence under which the Owner, acting reasonably, may determine the amount of compensation which the Permittee will pay to the Owner in respect of trees that are cut, removed, damaged, or destroyed by the Permittee.

Article 4 - Permit Fee

4.1 On the Commencement Date and on each anniversary of the Commencement Date, the Permittee shall pay to the Owner a permit fee ("the Annual Permit Fee") in accordance with this Article.

4.2 On the Commencement Date, the Annual Permit Fee is $6.00.

4.3 The Owner may at any time and in its discretion revise the Annual Permit Fee by giving notice to the Permittee in accordance with Article 8, but the Owner shall not at any time increase the Annual Permit Fee above the rental charged by British Columbia at that time for a similar permit to occupy Crown land.

Article 5 - Covenants of the Permittee

5.1 The Permittee covenants with the Owner:

(a) to pay the Annual Permit Fee due at the address of the Owner set out above or at such other place as the Owner may specify from time to time by giving notice to the Permittee in accordance with Article 8;

(b) to pay and discharge when due all applicable taxes, levies, charges and assessments now or hereafter assessed, levied or charged which relate to the Land or any improvements of the Permittee thereon (the "Realty Taxes") which the Permittee is liable to pay;

(c) to observe, abide by and comply with all applicable laws, bylaws, orders, directions, ordinances and regulations of any competent government authority in any way affecting the Land or improvements situate thereon, or their use and occupation;

(d) not to commit or suffer any wilful or voluntary waste, spoil or destruction on the Land, or do or suffer to be done thereon by the Permittee's employees, contractors, agents, invitees or anyone for whom the Permittee is responsible at law anything that may be or become a nuisance to the Owner or to the occupiers of adjoining land;

(e) to deliver to the Owner from time to time, upon demand, receipts or other evidence of payment of Realty Taxes, and other monetary obligations of the Permittee required to be observed by the Permittee pursuant to this permit;

(f) to indemnify and save the Owner harmless against all losses, damages, costs and liabilities, including fees of solicitors and other professional advisors, arising out of:

(i) any breach, violation or non-performance of any covenant, condition or agreement in this permit by the Permittee, or

(ii) any personal injury, death or property damage arising out of the Permittee's use and occupation of the Land,

and the Owner may add the amount of such losses, damages, costs and liabilities to the permit fee and the amount so added shall be payable to the Owner immediately;

(g) with respect to the Permittee's use and occupation of the Land, to keep the Land in a safe, clean and sanitary condition satisfactory to the Owner acting reasonably, and with respect to the Permittee's use and occupation of the Land, to make clean and sanitary any portion of the Land or any improvement thereon that the Owner, acting reasonably, may direct by notice in writing to the Permittee;

(h) on the termination or cancellation of this permit:

(i) to quit peaceably and deliver possession of the Land to the Owner,

(ii) to remove from the Land all above-ground works and other improvements to or things on the Land erected or placed on the Land by the Permittee, and

(iii) to restore the surface of the Land to a condition satisfactory to the Owner, acting reasonably,

and to the extent necessary, this covenant shall survive the termination or cancellation of this permit; and

(i) not to interfere with the activities, works or other improvements of any other person who enters on, uses or occupies the Land under a subsequent right or interest granted by the Owner, or who is otherwise authorized by the Owner to enter on or use or occupy the Land, in accordance with Article 9.

Article 6 - Appurtenance and Assignment

6.1 This permit is appurtenant to the Appurtenant Property and passes with a conveyance or other disposition of the estate in fee simple to the Appurtenant Property.

6.2 The Permittee shall give written notice to the Owner of any conveyance or other disposition of the estate in fee simple to the Appurtenant Property within 60 days after that conveyance or other disposition.

6.3 Subject to section 6.1, the Permittee shall not assign this permit or grant a subpermit in respect of any part of the Land without the prior written consent of the Owner.

6.4 This permit burdens the Land.

Article 7 - Termination and Cancellation

7.1 This permit terminates if the Water Licence terminates, is abandoned or cancelled, or is amended so as to render this permit unnecessary.

7.2 If the Permittee fails to observe or perform any of the covenants, agreements, provisions or conditions contained herein, and such failure continues for a period of 60 days after the giving of the written notice by the Owner to the Permittee of the nature of the failure, the Owner may cancel this permit and the rights herein granted.

7.3 If the Owner requires a portion of the Land for a public purpose, the Owner may, in accordance with section 7.4 and on 180 days written notice to the Permittee, cancel this permit and the rights granted herein with respect to no more than 5% of the whole of the Land.

7.4 Concurrently with the notice referred to in section 7.3, the Owner will give the Permittee written notice that the Owner will, at its cost, relocate the Permittee's works that are materially affected by cancellation under section 7.3 to a different location on the Land or to a location on other land immediately adjacent to the Land ("the New Location"). The New Location must, in the reasonable opinion of the Permittee, be of sufficient size to accommodate the Permittee's works and be equally suitable for the purposes of the Permittee. The Owner will pay for any reasonable costs of moving the Permittee's works to the New Location. If the Permittee's works cannot be moved to the New Location, the Owner will pay to the Permittee the reasonable costs of constructing new works on the New Location. As full compensation for any costs, expenses or damages which the Permittee may incur in connection with the relocation, including disruption and loss of business, the Owner and the Permittee will agree on a lump sum payment and failing agreement, the matter will be referred to arbitration pursuant to Article 10. All other terms and conditions of this permit will apply to the New Location.

7.5 Notwithstanding subsection 5.1 (h), any works or other improvements to the Land that remain unremoved from the Land upon the termination of this permit pursuant to section 7.1 or upon the cancellation of this permit pursuant to section 7.2 shall, at the discretion of the Owner, be forfeited to and become the property of the Owner.

7.6 If the Owner elects to assume ownership of any above-ground works or other improvements pursuant to section 7.5, the Owner may remove them from the Land and the Permittee shall, on demand, compensate the Owner for all costs incurred by the Owner respecting their removal.

7.7 The rights of the Owner and the obligations of the Permittee under section 7.5 and section 7.6 shall, to the extent necessary, survive the expiration or cancellation of this permit.

Article 8 - Notice

8.1 Whenever service of a notice or a document is required under this permit, the notice or documents shall be in writing and shall be deemed to have been served if delivered to, or if sent by prepaid registered mail addressed to, the Owner or the Permittee, as the case may be, at the addresses specified for each on the first page of this permit, and where service is by registered mail the notice or document shall be conclusively deemed to have been served on the eighth day after its deposit in a Canada Post office at any place in Canada.

8.2 Either party may, by notice in writing to the other, specify another address for service of notices under this permit and after another address has been specified under this section, notices shall be mailed to that address in accordance with this Article.

8.3 Notwithstanding section 8.1, any written notice to be served or given by the Owner to the Permittee under this permit shall be effectively given or served by posting the same in a conspicuous place on the Land.

Article 9 - Miscellaneous

9.1 No term, condition, covenant or other provision herein shall be considered to have been waived by the Owner unless such waiver is expressed in writing by the Owner. Any such waiver of any term, condition, covenant or other provision herein shall not be construed as or constitute a waiver of any further or other breach of the same or any other term, condition, covenant, or other provision and the consent or approval of the Owner to any act by the Permittee requiring the consent or approval of the Owner shall not be considered to waive or render unnecessary such consents or approvals to any subsequent similar act by the Permittee.

9.2 No remedy conferred upon or reserved to the Owner is exclusive of any other remedy herein or provided by law, but such remedy shall be cumulative and shall be in addition to any other remedy herein or hereafter existing at law, in equity, or by statute.

9.3 This permit shall not entitle the Permittee to exclusive use or possession of the Land and the Owner may for any purpose grant to other persons interests in the Land or rights to enter on, use or occupy the Land, or may otherwise authorize other persons to enter on, use or occupy the land, so long as the grant or authorization does not materially affect the exercise of the Permittee's rights hereunder. The question of whether a grant materially affects the exercise of the Permittee's rights hereunder shall be determined by the Owner acting reasonably.

9.4 The terms and provisions of this permit shall extend to, be binding upon and enure to the benefit of the Owner and the Permittee and their successors and permitted assigns.

9.5 The Permittee who conveys or otherwise disposes of the estate in fee simple to the Appurtenant Property (the "Transferor"):

(a) remains liable for any breach of or non-observance or non-performance of the covenants, agreements, provisions or conditions contained herein that occur before that conveyance or other disposition; but

(b) if the Transferor obtains and delivers to the Owner within 60 days of the conveyance or other disposition an agreement in the form set out in Schedule "B" and entitled "Acknowledgement of Assignment and Assumption", signed by the Transferor and by the Permittee to whom the estate has been conveyed or otherwise disposed of (the "Transferee"), the Transferor is not liable for any breaches of or non-observance of or non-performance of the covenants, agreements, provisions or conditions contained herein that occur after that delivery.

9.6 Time is of the essence in this agreement.

Article 10 - Dispute Resolution

10.1 In this Article, "dispute" means any dispute arising out of or in connection with this permit or in respect of any defined legal relationship associated with it or derived from it.

10.2 The parties agree to attempt to resolve all disputes by negotiations conducted in good faith and to provide timely disclosure of all relevant facts, information and documents to further those negotiations.

10.3 If a dispute is not settled through direct negotiations either party may request the British Columbia International Commercial Arbitration Centre (BCICAC) to appoint a mediator to conduct a mediation under its mediation rules of procedure.

10.4 If a dispute is not settled within 15 days of the appointment of the mediator or any further period of time agreed to by the parties, the dispute shall be referred to and finally resolved by arbitration before a single arbitrator under the arbitration rules of procedure of the BCICAC.

10.5 If the BCICAC is unavailable or unable to administer the mediation or arbitration of a dispute under its rules of procedure, the parties will select the rules of another institution.

Article 11 - Interpretation

11.1 In this permit, unless the context otherwise requires, the singular includes the plural and the masculine includes the feminine gender and a corporation.

11.2 The captions and headings contained in this permit are for convenience only and are not to be construed as defining or in any way limiting the scope or intent of the provisions herein.

11.3 If any section of this permit or any part of a section is found to be illegal or unenforceable, that part and section of this permit shall be considered separate and severable and the remaining parts or sections, as the case may be, shall not be affected thereby and shall be enforceable to the fullest extent permitted by law.

IN WITNESS WHEREOF, the parties have executed this permit as of the day and year first above written.

SIGNED by a duly authorized signatory of )
)
in the presence of:)
____________________
Name
)
)
____________________
Authorized Signatory
____________________
Address
)
)
____________________)
)
SIGNED by a duly authorized signatory of )
)
in the presence of:)
____________________
Name
)
)
____________________
Authorized Signatory
____________________
Address
)
)
____________________)
)

SCHEDULE "A"

Legal Description

SCHEDULE "B"

Acknowledgement of Assignment and Assumption

THIS AGREEMENT dated for reference this ____________________ day of ____________________ , ____________________ .

BETWEEN:

NISGA'A NATION

(the "Owner")

AND:

(the "Transferor")

AND:

(the "Transferee")

WHEREAS the Transferor has held a permit (the "Permit of Occupation") granted by the Owner for the occupation of a certain parcel of Nisga'a Lands (the "Land");

AND WHEREAS the Permit of Occupation is appurtenant to certain property (the "Appurtenant Property") and passes with the estate in fee simple to the Appurtenant Property;

AND WHEREAS the Transferor has conveyed or otherwise disposed of to the Transferee the estate in fee simple to the Appurtenant Property;

NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the sums of $1.00, now paid by each party to each of the others, the receipt of sufficiency of which each party hereby acknowledges, and in further consideration of the mutual covenants and agreements herein set out, the parties covenant and agree as follows:

1. In this Agreement:

"Appurtenant Property" means (legal description)____________________;
________________________________________ ;

"Land" means (description from permit)____________________
________________________________________ ;

"Permit of Occupation" means the permit to occupy the Land granted by the Owner on (effective date of Treaty) ____________________
________________________________________ , ____________________ to the holder of British Columbia Conditional Water Licence ____________________ ;

"Permittee" means the holder of the Permit of Occupation;

"Transfer" means the conveyance or other disposition by the Transferor to the Transferee of the estate in fee simple to the Appurtenant Property on (date of transfer) ____________________
________________________________________ , ____________________ .

2. The Transferor hereby acknowledges and agrees that by the Transfer and from and after the date of the Transfer, the Transferor has absolutely assigned to the Transferee all of the Transferor's right to occupy the Land as the Permittee pursuant to the Permit of Occupation, a copy of which is attached hereto.

3. The Transferee hereby acknowledges and agrees that by the Transfer and from and after the date of the Transfer, the Transferee has assumed from the Transferor all of the obligations of the Permittee pursuant to the Permit of Occupation and is bound by all of the covenants, agreements, provisions or conditions contained therein.

4. The Owner hereby acknowledges and agrees that, by the Transfer and from and after the date of the Transfer, the Transferee has the right to occupy the Land as the Permittee pursuant to the Permit of Occupation.

IN WITNESS WHEREOF each of the Owner, the Transferor and the Transferee has executed this Agreement as of the date and year first above written.

SIGNED by a duly authorized signatory of )
)
in the presence of:)
____________________
Name
)
)
____________________
OWNER
____________________
Address
)
)
____________________)
)
SIGNED by a duly authorized signatory of )
)
in the presence of:)
____________________
Name
)
)
____________________
TRANSFEROR
____________________
Address
)
)
____________________)
)
SIGNED by a duly authorized signatory of )
)
in the presence of:)
____________________
Name
)
)
____________________
TRANSFEREE
____________________
Address
)
)
____________________)
)

Appendix C - 2
Document 12

Special Use Permit for Forestry Operations

THIS AGREEMENT made this __________ day of ____________________, 199

BETWEEN:

NISGA'A NATION,

of ____________________
(the "Owner")

AND:

____________________ , of

____________________
("the Permittee")

Whereas the Owner has agreed to grant to the Permittee a permit to enter on and use that parcel of land (the "Land") located generally in the vicinity of ____________________ and described in the schedule attached and entitled "Legal Description";

Now therefore in consideration of the fee to be paid by, and the covenants of, the Permittee, the parties agree as follows:

Article 1 - Grant of Permit

1.1 The Owner, on the terms set forth herein, hereby grants to the Permittee a permit to enter on and use the Land for the purpose of                  .

Article 2 - Duration

2.1 The duration of the permit and the rights herein granted shall be for a term of five years commencing on the ____________________ day of ____________________ , 199__ (the "Commencement Date") unless cancelled in accordance with Article 6.

Article 3 - Permit Fee

3.1 On the Commencement Date, and on each annual anniversary of the Commencement Date over the term of this permit, the Permittee shall pay to the Owner a permit fee in the amount of $100.

Article 4 - Covenants of the Permittee

4.1 The Permittee covenants with the Owner:

(a) to pay the permit fee due at the address of the Owner set out above or at such other place as the Owner may specify from time to time by the giving of notice to the Permittee in accordance with Article 8;

(b) to pay and discharge when due all applicable taxes, levies, charges and assessments now or hereafter assessed, levied or charged that relate to the Land or any of the Permittee's improvements thereon (the "Realty Taxes") that the Permittee is liable to pay;

(c) to observe, abide by and comply with all applicable laws, bylaws, orders, directions, ordinances and regulations of any competent government authority in any way affecting the Land and improvements situate thereon, or their use and occupation;

(d) not to commit or suffer any wilful or voluntary waste, spoil or destruction on the Land or do or suffer to be done thereon by its employees, contractors, agents, invitees or anyone for whom the Permittee is responsible at law anything that may be or become a nuisance to the Owner or occupiers of adjoining land;

(e) to deliver to the Owner from time to time, upon demand, proof of insurance provided for in subsection (j), receipts or other evidence of payment of Realty Taxes, insurance premiums and other monetary obligations of the Permittee required to be observed by the Permittee pursuant to this permit;

(f) to indemnify and save the Owner harmless against all losses, damages, costs and liabilities, including fees of solicitors and other professional advisors, arising out of:

(i) any breach, violation or non-performance of any covenant, condition or agreement in this permit by the Permittee, or

(ii) any personal injury, death or property damage, arising out of the Permittee's use and occupation of the Land

and the Owner may add the amount of such losses, damages, costs and liabilities to the permit fee and the amount so added shall be payable to the Owner immediately;

(g) to keep the Land in a safe, clean and sanitary condition satisfactory to the Owner acting reasonably, and to make safe, clean and sanitary any portion of the Land or any improvement thereon that the Owner, acting reasonably, may direct by notice in writing to the Permittee;

(h) to permit the Owner or its authorized representative to enter upon the Land at any time to examine its condition;

(i) on the expiration or at the earlier cancellation of this permit:

(i) to quit peaceably and deliver possession of the Land to the Owner,

(ii) to remove from the Land all above-ground buildings, machinery, plant equipment and apparatus and all other improvements to or things on the Land erected or placed on the Land by the Permittee, whether before or after the Commencement Date,

(iii) if reasonably required by the Owner, to cause an independent site assessment of the Land to be performed by a qualified environmental consultant acceptable to the Owner, and

(iv) to restore the Land to a safe, clean, sanitary and environmentally sound condition, including by revegetation where required to prevent erosion, satisfactory to the Owner, acting reasonably

and to the extent necessary, this covenant shall survive the expiration or cancellation of this permit;

(j) to effect, and keep in force during the term, insurance protecting the Owner and the Permittee (without any rights of cross-claim or subrogation against the Owner) against claims for personal injury, death, property damage or third party or public liability claims arising from any accident or occurrence on the Land to an amount not less than $1,000,000.00; except that the Owner may, in its sole discretion, waive the requirements of this subsection on the delivery to the Owner of evidence that the Permittee is self insured;

(k) notwithstanding subsection (j), the Owner may from time to time notify the Permittee that the amount of insurance posted by the Permittee pursuant to that subsection be changed and the Permittee shall, within 60 days of receiving such notice, cause the amount of insurance posted, pursuant to subsection (j) to be changed to the amount specified by the Owner, acting reasonably, in the notice and deliver to the Owner written confirmation of the change, except that when the Permittee is self-insuring this section shall not apply;

(l) not to interfere with the activities, works or other improvements of any other person who enters on or uses or occupies the Land under a subsequent right or interest granted by the Owner, or who is otherwise authorized by the owner to enter on or use or occupy the Land, in accordance with section 9.3;

(m) to erect such fences or gates on the Land that the Owner, acting reasonably, may direct by notice in writing to the Permittee;

(n) to undertake fire prevention and fire suppression measures as if the Land were within the Permittee's "area of operation" and the activities permitted herein were "industrial activities" under the Forest Practices Code of British Columbia Act, RSBC 1996;

(o) not to deposit or permit to be deposited on the Land any slash or refuse, unless the Permittee has first obtained from the Owner a permit specifying the conditions of such deposit;

(p) before cutting any timber, erecting any building or other structure, or making any other improvement to the Land, to submit to the Owner a plan showing the location of the cutting or the location and specifications of the building, structure or other improvement proposed for the Land;

(q) not to:

(i) cut any timber on the Land,

(ii) erect any building or other improvement on the Land, or

(iii) sell, lease or otherwise dispose of, except bona fide by way of security, any building or other improvement on the Land

without the prior written consent of the Owner.

Article 5 - Assignment

5.1 The Permittee shall not assign this permit or grant a subpermit of any part of the Land without the prior written consent of the Owner.

Article 6 - Cancellation

6.1 If the Permittee fails to observe or perform any term contained herein, and such failure continues for a period of 60 days after the giving of written notice by the Owner to the Permittee of the nature of the failure, the Owner may cancel this permit.

6.2 If this permit is taken in execution or attachment by any person or the Permittee commits an act of bankruptcy, becomes insolvent, is petitioned into bankruptcy or voluntarily enters into an arrangement with its creditors, the Owner may, on 90 days written notice to the Permittee, cancel this permit and the rights herein granted.

6.3 If the Permittee ceases to use the Land for the purposes permitted herein and the Permittee does not recommence its use of the Land within 180 days of receipt of written notice from the Owner, the Owner may immediately cancel this permit and the rights herein granted.

6.4 The Permittee may deliver a written notice to the Owner cancelling this permit and thereafter the permit and the rights herein granted will terminate 180 days after the date of receipt by the Owner of such written notice.

6.5 Notwithstanding subsection 4.1 (i), any building, machinery, plant equipment, apparatus, or other improvements to the Land that remain unremoved from the Land:

(a) upon the cancellation of this permit pursuant to section 6.1 or section 6.4; or

(b) thirty days after the expiration of this permit or the cancellation of this permit pursuant to section 6.2 or section 6.3;

shall, at the discretion of the Owner, be forfeited to and become the property of the Owner.

6.6 If the Owner elects to assume ownership of any above-ground building, machinery, plant equipment, apparatus or other improvements to the Land pursuant to section 6.5, the Owner may remove them from the land and the Permittee shall, on demand, compensate the Owner for all costs incurred by the Owner respecting their removal.

6.7 The rights of the Owner and the obligations of the Permittee under section 6.5 and section 6.6 shall, to the extent necessary, survive the expiration or cancellation of this permit.

Article 7 - Security

7.1 The security in the sum of $      and all rights, privileges, benefits and interests accruing thereto delivered by the Permittee to the Owner (herein called the "Security") to guarantee the performance of the Permittee's obligations under this permit shall be maintained in effect until such time as the Owner certifies in writing that such obligations have been fully performed. The Owner may, in its sole discretion, waive the requirements of this section.

7.2 In the event the Permittee defaults in the performance of any of its obligations hereunder, the Owner may, in its sole discretion, sell, call in and convert the Security, or any part of it, and such Security shall be deemed to have been absolutely forfeited to the Owner.

7.3 The rights of the Owner under this Article shall be deemed to continue in full force and effect notwithstanding the expiration or earlier cancellation of this permit.

7.4 Notwithstanding any amount of Security stated to be required under section 7.1 the Owner may, acting reasonably, from time to time by notice to the Permittee, demand the amount to be changed to that specified in a notice and the Permittee shall, within 60 days of such notice, change the Security to that specified and provide the Owner with evidence of the change, except that while Security is waived under section 7.1, this section shall not apply.

Article 8 - Notice

8.1 Whenever service of a notice or a document is required under this permit, the notice or documents shall be in writing and shall be deemed to have been served if delivered to, or if sent by prepaid registered mail addressed to, the Owner or the Permittee, as the case may be, at the addresses specified for each on the first page of this permit, and where service is by registered mail the notice or document shall be conclusively deemed to have been served on the eighth day after its deposit in a Canada Post office at any place in Canada. If there is a disruption in mail service caused by labour dispute, civil unrest or other events beyond the control of the parties, between mailing and actual receipt of such notice, the party sending such notice will re-send by courier, fax or other electronic means and such notice will only be effective if actually received.

8.2 Either party may, by notice in writing to the other, specify another address for service of notices under this permit and after another address has been specified under this section, notices shall be mailed to that address in accordance with this Article.

Article 9 - Miscellaneous

9.1 No term, condition, covenant or other provision herein shall be considered to have been waived by the Owner unless such waiver is expressed in writing by the Owner. Any such waiver of any term, condition, covenant or other provision herein shall not be construed as or constitute a waiver of any further or other breach of the same or any other term, condition, covenant, or other provision and the consent or approval of the Owner to any act by the Permittee requiring the consent or approval of the Owner shall not be considered to waive or render unnecessary such consents or approvals to any subsequent similar act by the Permittee.

9.2 No remedy conferred upon or reserved to the Owner is exclusive of any other remedy herein or provided by law, but such remedy shall be cumulative and shall be in addition to any other remedy herein or hereafter existing at law, in equity, or by statute.

9.3 This permit shall not entitle the Permittee to exclusive possession of the Land and the Owner may for any purpose grant to others interests in the Land or rights to enter on or use or occupy the Land, or may otherwise authorize other persons to enter on or use or occupy the Land, so long as the grant or authorization does not materially affect the exercise of the Permittee's rights hereunder. The question of whether a grant materially affects the exercise of the Permittee's rights hereunder shall be determined by the Owner acting reasonably.

9.4 The terms and provisions of this permit shall extend to, be binding upon and enure to the benefit of the parties hereto and their successors and permitted assigns.

9.5 Time is of the essence in this agreement.

Article 10 - Dispute Resolution

10.1 In this Article, "dispute" means any dispute arising out of or in connection with this license or in respect of any defined legal relationship associated with it or derived from it.

10.2 The parties agree to attempt to resolve all disputes by negotiations conducted in good faith and to provide timely disclosure of all relevant facts, information and documents to further those negotiations.

10.3 If a dispute is not settled through direct negotiations either party may request the British Columbia International Commercial Arbitration Centre (BCICAC) to appoint a mediator to conduct a mediation under its mediation rules of procedure.

10.4 If a dispute is not settled within 15 days of the appointment of the mediator or any further period of time agreed to by the parties, the dispute shall be referred to and finally resolved by arbitration before a single arbitrator under the arbitration rules of procedure of the BCICAC.

10.5 If the BCICAC is unavailable or unable to administer the mediation or arbitration of a dispute under its rules of procedure, the parties will select the rules of another institution.

Article 11 - Interpretation

11.1 In this permit, unless the context otherwise requires, the singular includes the plural and the masculine includes the feminine gender and a corporation.

11.2 The captions and headings contained in this permit are for convenience only and are not to be construed as defining or in any way limiting the scope or intent of the provisions herein.

11.3 If any section of this permit or any part of a section is found to be illegal or unenforceable, that part or section, as the case may be, shall be considered separate and severable and the remaining parts and sections of this permit, shall not be affected thereby and shall be enforceable to the fullest extent permitted by law.

IN WITNESS WHEREOF, the parties have executed this permit as of the day and year first above written.

SIGNED by a duly authorized signatory of )
)
in the presence of:)
____________________
Name
)
)
____________________
Authorized Signatory
____________________
Address
)
)
____________________)
)
SIGNED by a duly authorized signatory of )
)
in the presence of:)
____________________
Name
)
)
____________________
Authorized Signatory
____________________
Address
)
)
____________________)
)

LEGAL DESCRIPTION SCHEDULE

1. Legal Description

2. Sketch Plan

Appendix C - 2
Document 13

Leases

Leases on file at the Department of Indian Affairs and
Northern Development, British Columbia Regional Office

and

at the Office of The Nisga'a Tribal Council

Appendix C - 3
APPLICABLE FORMS OF DOCUMENT FOR PUBLIC
UTILITY TRANSMISSION AND DISTRIBUTION
FACILITIES IN PART 2 OF APPENDIX C - 1

Document 1Grant of Right of Way and Licence for Public Utility Works to British Columbia Hydro and Power Authority (Hydro)
Document 2Grant of Right of Way and Licence for Telecommunications to BC TEL

Appendix C - 3
Document 1

Grant of Right of Way and Licence for Public Utility Works
To
British Columbia Hydro and Power Authority

This Agreement is dated ____________________ , ____________________

BETWEEN:

NISGA'A NATION

[insert address]

(the "Nisga'a Nation")

AND:

BRITISH COLUMBIA HYDRO AND POWER AUTHORITY,
continued under the Hydro and Power Authority Act,
RSBC 1996, c. 212

[insert address]

("Hydro")

WHEREAS:

A. The Nisga'a Nation, Canada and British Columbia have entered into the Nisga'a Final Agreement.

B. The Nisga'a Nation wishes to grant to Hydro rights on Nisga'a Lands for Hydro Works existing on Nisga'a Lands on the effective date.

Therefore for good and valuable consideration the Nisga'a Nation and Hydro agree as follows:

1. Definitions

"BC TEL" means BC TEL, and its successors and assigns.

"Final Agreement" means the Nisga'a Final Agreement between the Nisga'a Nation, Canada and British Columbia.

"Hydro Purposes" means the transmission and distribution of electric energy and telecommunications.

"Hydro Works" means poles, towers, antennae (except for monopole free standing antennae), anchors, guy wires, brackets, cross arms, insulators, transformers, overhead and underground conductors, wires, lines and cables, underground conduits and pipes, access nodes, all ancillary appliances and fittings, reasonably required associated protective installations and related works such as fencing for safety or security, devices and identifying colours for aircraft warning, and utility services for the operation of any of the foregoing.

"Hydro Right of Way Area" means those portions of Nisga'a Lands as described in Schedule A attached to this Agreement.

"Licensed Hydro Works" means, collectively, any Hydro Works, and any access roads within the Vegetation Management Area, that, on the effective date, are located on Nisga'a Lands outside of:

(a) a Crown road right of way area;

(b) a Hydro Right of Way Area;

(c) a right of way area granted to BC TEL on which Hydro is BC TEL's licensee; or

(d) an area in respect of which, on the effective date, the Nisga'a Nation grants Hydro rights under a separate instrument.

"Vegetation Management Area" means the Hydro Right of Way Area together with the area 10 metres on both sides of the Hydro Right of Way Area.

2. Relationship to Final Agreement

This Agreement is made under the Final Agreement, and defined terms in the Final Agreement will have the same meaning in this Agreement.

3. Rights on Hydro Right of Way Area

The Nisga'a Nation grants to Hydro, and its employees, representatives, agents, contractors, licensees and assignees, the full, free and uninterrupted right, liberty and right of way, for Hydro Purposes, as follows:

(a) to construct, excavate for, erect, string, or otherwise install, operate, maintain, repair, alter, upgrade, remove and replace Hydro Works over, upon and under the Hydro Right of Way Area;

(b) to trim or remove all or any trees, growth or vegetation now or hereafter on the Vegetation Management Area that may in the reasonable opinion of Hydro create a hazard or interfere with the Hydro Works or the carrying out of any of the Hydro Purposes, except that Hydro shall take all reasonable steps, including where appropriate planting of suitable replacement vegetation, to avoid erosion or other damage;

(c) to conduct vegetation management upon the Vegetation Management Area, such as the planting of vegetation compatible with use for Hydro Purposes, and the application of herbicides and pesticides provided that:

(i) Hydro will not conduct any aerial application of herbicides or pesticides on the Hydro Right of Way Area or other Nisga'a Lands; and

(ii) Hydro will obtain all permits and approvals as required by authorities having jurisdiction, including any such permits or approvals required by the Nisga'a Nation, for the use of any herbicides or pesticides;

(d) to clear the Hydro Right of Way Area and keep it cleared of all or any part of any obstructions that may in the reasonable opinion of Hydro create a hazard or interfere with the Hydro Works or the carrying out of any of the Hydro Purposes;

(e) to install, maintain and use gates in all fences constructed by others which are now or hereafter shall be on the Hydro Right of Way Area and in fences across roads in the Vegetation Management Area;

(f) to ground any structures, installation or things, by whomsoever owned, from time to time situated anywhere on the Hydro Right of Way Area or adjacent Nisga'a Lands where, in the reasonable opinion of Hydro, such grounding will eliminate or reduce hazard to persons;

(g) to pass and repass over the Hydro Right of Way Area with or without equipment, machinery and materials as reasonably required by Hydro, and to construct, maintain, repair, replace and use trails, roads and bridges on the Hydro Right of Way Area as reasonably required to obtain access to the Hydro Works; and

(h) to generally do all acts or things necessary in connection with the foregoing.

4. Non Exclusive Use

This Agreement will not entitle Hydro to exclusive possession of the Hydro Right of Way Area or other parts of the Nisga'a Lands and the Nisga'a Nation reserves the right to grant other dispositions of the Vegetation Management Area, including the Hydro Right of Way Area, so long as the grant does not materially affect the exercise of Hydro's rights under this Agreement.

5. BC TEL

Hydro will cooperate and enter into agreements with BC TEL in the same manner as Hydro and BC TEL cooperate and enter into agreements elsewhere in British Columbia, to share the use of poles, ducts and other works.

6. Licence For Hydro Works Located Outside Rights of Way

The Nisga'a Nation grants to Hydro, and its employees, representatives, agents, contractors, licensees and assignees, as of the effective date, a licence for all Licensed Hydro Works to use and occupy Nisga'a Lands on the following terms:

(a) the licence is irrevocable so long as Hydro requires the use of the Licensed Hydro Works for Hydro Purposes, unless the Licensed Hydro Works are included within a Crown road right of way area or Hydro Right of Way Area under this paragraph;

(b) for the Licensed Hydro Works, Hydro holds the same rights, privileges and obligations, including all indemnity obligations, as apply to Hydro for the use of the Hydro Right of Way Area under this Agreement, and including the right of reasonable access onto the Nisga'a Lands for the purpose of gaining access to the Licensed Hydro Works;

(c) if at any time in the course of maintenance or operations Hydro replaces or makes significant repairs to Licensed Hydro Works which are adjacent to a Crown road right of way area or a Hydro Right of Way Area then, upon written notice from the Nisga'a Nation and provided the relocation does not result in significant increased costs, and for a Crown road right of way area if the relocation is acceptable to British Columbia, Hydro will relocate the Licensed Hydro Works on to the adjacent right of way area, and the licence for those Licensed Hydro Works will be terminated;

(d) the Nisga'a Nation may at any time at no cost to Hydro require Hydro to enter into an agreement to extend the Hydro Right of Way Area so as to incorporate within the Hydro Right of Way Area any Licensed Hydro Works designated by the Nisga'a Nation and upon the appropriate extension of the Hydro Right of Way Area the licence for those Licensed Hydro Works will be terminated;

(e) the Nisga'a Nation may at any time require Hydro to relocate Licensed Hydro Works designated by the Nisga'a Nation to another location on Nisga'a Lands, including on to an adjacent Crown road right of way area if acceptable to British Columbia, or to a Hydro Right of Way Area and in that event:

(i) if the new location is reasonably suitable for use for Hydro Works considering construction, maintenance and operation and costs, Hydro will proceed with the relocation;

(ii) the Nisga'a Nation will give reasonable notice to permit design, planning and construction of the Hydro Works to be relocated;

(iii) the Nisga'a Nation will pay all reasonable costs, including costs of design, supervision and construction; and

(iv) upon relocation, this licence is extended to the relocated Hydro Works, except if the relocated Hydro Works are located on a Crown road right of way area or a Hydro Right of Way Area, then the license for those Hydro Works will be terminated.

7. Duration

The rights, liberties and rights of way granted under this Agreement are for so long as required and will terminate, without compensation to Hydro, when Hydro no longer requires the Hydro Right of Way Area, and:

(a) Hydro gives 90 days written notice to the Nisga'a Nation; or

(b) the Nisga'a Nation gives 90 days written notice to Hydro.

8. Work Plans For Hydro Works

Except in an emergency, Hydro will provide to the Nisga'a Nation a written work plan describing proposed work on or related to a Hydro Right of Way Area prior to undertaking any of the following work:

(a) installation of any new transmission or distribution lines;

(b) relocation of any transmission or distribution lines;

(c) trimming or removal of any trees, growth or vegetation on or adjacent to a Hydro Right of Way Area, including the Vegetation Management Area;

(d) constructing any new trails, roads or bridges on the Hydro Right of Way Area.

Hydro will provide the work plan in time to afford the Nisga'a Nation the opportunity to comment, and Hydro will use reasonable efforts to accommodate any suggestions or requests presented by the Nisga'a Nation provided they do not result in significant increased costs.

9. Insurance and Security

If British Columbia requires Hydro to carry insurance, to provide security, or both, in relation to rights of way granted to Hydro by British Columbia, then on request of the Nisga'a Nation, Hydro will obtain insurance, security, or both, for the benefit of the Nisga'a Nation on terms substantially the same as required by British Columbia.

10. Access to Hydro Rights of Way

If for any reason Hydro is unable to obtain reasonable access to any Hydro Works from the Hydro Right of Way Area, a Crown road, a Nisga'a road or a Hydro private access right of way, then the Nisga'a Nation will, where land access is reasonably practicable, on application from Hydro, grant Hydro the right to cross Nisga'a Lands to provide Hydro access on terms substantially the same as contained in Document 3 of Appendix C4 to the Final Agreement.

11. Hazardous Trees Adjacent to Hydro Right of Way

Hydro may remove any tree located on Nisga'a Lands which by falling or otherwise may endanger any Hydro Works, but, except in an emergency, will give the Nisga'a Nation prior written notice.

12. Protection of the Environment

Hydro will undertake activities permitted under this Agreement having regard for the impact on the environment, and will take prudent measures to minimize damage or disruption to the environment.

13. Replacement Right of Way

If a material change occurs to lands which for any reason makes the continued use of any portion of the Hydro Right of Way Area unsuitable for the Hydro Purposes, then the Nisga'a Nation will, without charge, grant a replacement right of way to Hydro for construction of the replacement Hydro Works, as follows:

(a) Hydro will, before undertaking any work, deliver a work plan to the Nisga'a Nation indicating the location of the contemplated replacement right of way area, for approval by the Nisga'a Nation which approval will not be unreasonably withheld;

(b) Hydro will take into account the effect of the replacement right of way area on adjacent Nisga'a Lands, and any unique aspects of these lands, and the Nisga'a Nation will take into account the cost efficiencies of the location selected by Hydro for a replacement right of way area in relation to alternative locations;

(c) the replacement right of way agreement will be on the same terms and conditions as this Agreement, and the Nisga'a Nation will use its best efforts to ensure that the replacement right of way has the same priority over other charges and encumbrances as this Agreement;

(d) Hydro will execute a release of this Agreement in relation to the portions of the abandoned Hydro Right of Way Area.

Despite any provision of this paragraph, in an emergency Hydro may, without approval from the Nisga'a Nation, enter on to Nisga'a Lands to undertake all work and take all steps as are reasonably required to be taken immediately in order to restore electrical and telecommunication services, or to ensure safety of persons and property that may be at risk from Hydro Works. Hydro will give notice as soon as reasonably possible to the Nisga'a Nation of any emergency entry.

14. Entry on Nisga'a Lands outside the Hydro Right of Way Area

Hydro, and its employees, representatives, agents, contractors, licensees and assignees, may enter onto Nisga'a Lands outside the Hydro Right of Way Area for the purpose of undertaking works to protect Hydro Works, or to protect persons and property that may be at risk from Hydro Works, as follows:

(a) Hydro will before commencing any work deliver a written work plan describing the effect and extent of the proposed work on Nisga'a Lands to the Nisga'a Nation for approval;

(b) the Nisga'a Nation will not unreasonably withhold approval of the work plan, considering the effect of the proposed work, including the cost of the proposed works compared to the cost of alternate solutions, the extent of the risk of not undertaking the work, and the impact on the Nisga'a Lands. If Hydro and the Nisga'a Nation cannot agree on a work plan requested by Hydro within 30 days of receipt by the Nisga'a Nation of the proposed work plan then either party may refer the disagreement to dispute resolution under Paragraph 21 of this Agreement;

(c) Hydro will minimize damage to and time spent on Nisga'a Lands;

(d) Hydro will pay fair compensation, as defined in the Final Agreement, for any interference with or damage to adjacent Nisga'a Lands.

Notwithstanding other provisions of this paragraph or this Agreement, in an emergency Hydro may undertake works and take steps on Nisga'a Lands as are reasonably required to be taken immediately in order to protect Hydro Works, or to protect persons and property that may be at risk from Hydro Works, and in that event Hydro will as soon as reasonably possible notify the Nisga'a Nation in writing.

15. Entry on Nisga'a Lands outside the Crown roads right of way area

The parties' rights and obligations as set out in paragraph 14 apply with respect to Hydro Works located on a Crown roads right of way area.

16. Relocation of Hydro Works

If the Nisga'a Nation requires a portion of a Hydro Right of Way Area for other purposes, then upon request by the Nisga'a Nation Hydro will relocate any Hydro Right of Way Area including the related Hydro Works, to a new location as follows:

(a) the relocation will proceed only if the new location is reasonably suitable for use for Hydro Works considering construction, maintenance and operation and costs; and

(b) the Nisga'a Nation will give reasonable notice to permit design, planning and construction of the Hydro Works to be relocated; and

(c) the Nisga'a Nation will pay all reasonable costs, including costs of design, supervision and construction.

The Nisga'a Nation will extend the Hydro Right of Way Area as reasonably required, so that the extended Hydro Right of Way Area has similar priority over other charges and encumbrances as the original. When a portion of a Hydro Right of Way Area is relocated then the Hydro Right of Way Area for the portion that is abandoned will be terminated.

17. Indemnity

Hydro will indemnify and save harmless the Nisga'a Nation from and against all losses, damages, costs, liabilities, claims, expenses, and suits, including fees of solicitors and other professional advisors, arising out of:

(a) any breach, violation or non-performance by Hydro of any of Hydro's covenants, conditions or obligations under this Agreement; and

(b) any personal injury, death, or property damage, including environmental damage, occurring on or to Nisga'a Lands arising from Hydro's use or occupation of Nisga'a Lands under this Agreement,

but not for any claims based on nuisance or the rule in Rylands v Fletcher unless Hydro was negligent.

18. Covenants of Hydro

Hydro covenants with the Nisga'a Nation:

(a) to pay compensation to the Nisga'a Nation for any damage to buildings, crops (except for trees in the Vegetation Management Area), livestock, drains, ditches, culverts, fences, trails, bridges, roads and fruit, nut or ornamental trees caused by Hydro;

(b) despite subparagraph (a), to pay compensation to its owner, in accordance with generally accepted principles of timber valuation, for all merchantable timber cut or damaged by Hydro on Nisga'a Lands on or adjacent to the Hydro Right of Way Area, and the parties agree that on payment, title to any timber cut on the Nisga'a Lands under this Agreement vests in Hydro;

(c) to pay and discharge when due all applicable taxes, levies, charges and assessments now or hereafter assessed, levied or charged to the account of Hydro which relate to the Hydro Right of Way Area and which Hydro is liable to pay;

(d) to keep the Hydro Right of Way Area, and any Hydro Works, in a safe, clean and sanitary condition to the extent the condition relates to Hydro's use or occupation of the Hydro Right of Way Area, and on written notice from the Nisga'a Nation, to make safe, clean and sanitary any portion of the Hydro Right of Way Area, or the Hydro Works that contravene the provisions of this covenant, provided that Hydro has no obligation to keep the Hydro Right of Way roads or access roads, suitable for use by anyone except Hydro;

(e) not to disturb or interfere with any survey monuments, bars or iron pins located on the Nisga'a Lands including the Hydro Right of Way Area;

(f) not to bury debris or rubbish of any kind on Nisga'a Lands in excavations or backfill, and to remove shoring and similar temporary structures as backfilling proceeds;

(g) to bury and maintain all underground works as may be required so as not to unduly interfere with the drainage of the Nisga'a Lands;

(h) not to commit or suffer any wilful or voluntary waste, spoil or destruction on the Hydro Right of Way Area, or anything that may be or become a nuisance or annoyance to the owners of the Nisga'a Lands, except to the extent necessary to carry out any of the Hydro Purposes;

(i) to observe, abide by and comply with all applicable laws, bylaws, orders, directions, ordinances and regulations of any competent governmental authority which relate to the Hydro Right of Way Area;

(j) to permit the Nisga'a Nation to enter upon the Hydro Right of Way Area at any time to examine its condition;

(k) if for any reason this Agreement terminates with respect to a portion of the Hydro Right of Way Area, to:

(i) quit peaceably that portion of the Hydro Right of Way Area;

(ii) decommission any Hydro roads and restore the surface of that portion of the Hydro Right of Way Area to a condition to which similar lands are typically restored in the Province of British Columbia, unless otherwise agreed to in writing by the Nisga'a Nation and Hydro at the time of restoration;

(iii) remove all above ground Hydro Works from that portion of the Hydro Right of Way Area within a reasonable period of time and in any event within 2 years, and any Hydro Works remaining on that portion of the Hydro Right of Way Area will be absolutely forfeited to and become the property of the Nisga'a Nation. If the Nisga'a Nation removes any remaining above ground Hydro Works within 4 years, Hydro will, on demand by the Nisga'a Nation, reimburse the Nisga'a Nation for all reasonable costs of removal; and

(iv) remain liable for any environmental damage to the Nisga'a Lands arising from any below ground Hydro Works that remain on or in that portion of the Hydro Right of Way Area after termination, except that if the Nisga'a Nation uses or authorizes the use of the remaining below ground Hydro Works for any purpose then Hydro will not be liable for any environmental damage caused by the Nisga'a Nation use, or authorized use; and to the extent necessary, this covenant will survive the termination of this Agreement; and

(l) if Hydro, or its employees, representatives, agents, contractors, licensees or assignees, discover any archaeological material on the Hydro Right of Way Area, to take all reasonable steps and precautions to minimize disturbance of that material, and to immediately notify the Nisga'a Nation.

19. Covenants of the Nisga'a Nation

The Nisga'a Nation covenants with Hydro:

(a) not to use or authorize the use of the portions of the Hydro Right of Way Area designated by Hydro, acting reasonably, as "non-parking areas" for the regular or organized parking of vehicles, provided that nothing in this paragraph is intended to prevent safe temporary parking of vehicles;

(b) not to park or authorize to be parked on the Hydro Right of Way Area any vehicle or equipment exceeding 25 feet in length under any conductor of 500 kV or higher voltage, unless such vehicle is properly grounded;

(c) not to use or authorize the use of the Hydro Right of Way Area for fuelling any vehicle or equipment;

(d) not to use or authorize the use of the Hydro Right of Way Area for any purpose, including the construction of any improvements, that in the reasonable opinion of Hydro would be unsafe or would interfere with Hydro's use of the Hydro Right of Way Area;

(e) not to carry out blasting or aerial logging operations on or immediately adjacent to the Hydro Right of Way Area without the prior written permission from Hydro, which permission will not be unreasonably withheld or delayed; and

(f) not to intentionally do or authorize any act or thing that injures or endangers the Hydro Works.

20. Licence

Hydro will not licence the use of the Hydro Right of Way Area, in whole or in part, without the prior written consent of the Nisga'a Nation provided that:

(a) Hydro may grant a licence to BC Tel for the use of the Hydro Right of Way Area without the consent of the Nisga'a Nation;

(b) the Nisga'a Nation may attach conditions to its consent to any licence, including the provision of insurance and security, in a form and amount acceptable to the Nisga'a Nation; and

(c) no licence will act as a release of any of Hydro's obligations as set out in this Agreement.

21. Disputes

Any dispute arising out of or in connection with this Agreement will be resolved as follows:

(a) the parties will attempt to resolve disputes by good faith negotiations, including timely disclosure of all relevant facts, information and documents;

(b) either party may, at any time, by written notice request that the dispute be referred to mediation, conducted by a mediator, knowledgeable about the matters in dispute;

(c) if the dispute is not resolved within 30 days of the notice to mediate under subparagraph (b) then, on the agreement of both parties, the dispute may be referred to a single arbitrator for final resolution. If the parties do not agree to arbitration then either party may refer the matter to a court of competent jurisdiction;

except that it is not incompatible with this paragraph for a party to apply to a court of competent jurisdiction at any time for interim or conservatory relief and for the court to grant that relief.

22. Notice

If notice is required or permitted under this Agreement, the notice:

(a) must be in writing;

(b) must be delivered to the address set out above, or other address as specified in writing by a party;

(c) may be given in one or more of the following ways:

(i) delivered personally or by courier, and it will be deemed received on the next business day;

(ii) delivered by fax, and it will be deemed received on the next business day; or

(iii) mailed by pre-paid post in Canada, and it will be deemed received on the eighth business day following.

23. Runs With the Land

This Agreement runs with and binds Nisga'a Lands, to the extent reasonably necessary to give full force and effect to this Agreement.

24. Waiver and Consent

A breach of any term, condition, covenant or other provision of this Agreement may only be waived in writing, and any waiver will not be construed as a waiver of any subsequent breach. Consent to or approval of any act, where consent or approval is required under this Agreement, will not be construed as consent to or approval of any subsequent act.

25. Remedies

No remedy set out in this Agreement is exclusive of any other remedy provided by law, but will be in addition to any other remedy existing at law, in equity, or by statute.

26. Successors and Assigns

The terms and provisions of this Agreement will extend to, be binding upon and enure to the benefit of the parties and their successors and assigns.

27. Interpretation

In this Agreement:

(a) all attached schedules form an integral part of this Agreement;

(b) unless the context otherwise requires, the singular includes the plural and the masculine include the feminine gender, body politic and a corporation;

(c) 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;

(d) a reference to an enactment of British Columbia or of Canada will be deemed to include a reference to any subsequent amendments or replacements; and

(e) 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.

IN WITNESS THEREOF the parties have duly executed this Agreement, as of the date first referred to above.

NISGA'A NATION

Per:______________________________

Per:______________________________

BRITISH COLUMBIA HYDRO AND POWER AUTHORITY

Per:______________________________

Per:______________________________

SCHEDULE A - DESCRIPTION OF HYDRO RIGHT OF WAY AREA

Appendix C - 3
Document 2

Grant of Right of Way and Licence for
Telecommunications to
BC TEL

This Agreement is dated ______________________________ , ____________________

BETWEEN:

NISGA'A NATION

[insert address]

(the "Nisga'a Nation")

AND:

BC TEL, a corporation under the laws of Canada

[insert address]

("BC TEL")

WHEREAS:

A. The Nisga'a Nation, Canada and British Columbia have entered into the Nisga'a Final Agreement.

B. The Nisga'a Nation wishes to grant to BC TEL rights on Nisga'a Lands for BC TEL Works existing on Nisga'a Lands on the effective date.

Therefore for good and valuable consideration the Nisga'a Nation and BC TEL agree as follows:

1. Definitions

"Final Agreement" means the Nisga'a Final Agreement between the Nisga'a Nation, Canada and British Columbia.

"BC TEL Purposes" means telecommunications.

"BC TEL Works" means poles, towers, antennae (except for monopole free standing antennae), anchors, guy wires, brackets, cross arms, insulators, transformers, overhead and underground conductors, wires, lines and cables, underground conduits and pipes, access nodes, all ancillary appliances and fittings, reasonably required associated protective installations and related works such as fencing for safety or security, devices and identifying colours for aircraft warning, and utility services for the operation of any of the foregoing.

"BC TEL Right of Way Area" means those portions of Nisga'a Lands as described in Schedule A attached to this Agreement.

"Hydro" means British Columbia Hydro And Power Authority, and its successors and assigns.

"Licensed BC TEL Works" means, collectively, any BC TEL Works, and any access roads within the BC TEL Right of Way Area, that, on the effective date, are located on Nisga'a Lands outside of:

(a) a Crown road right of way area;

(b) a BC TEL Right of Way Area,; or

(c) a right of way area granted to Hydro on which BC TEL is Hydro's licensee;

(d) an area in respect of which, on the effective date, the Nisga'a Nation grants BCTEL rights under a separate instrument.

2. Relationship to Final Agreement

This Agreement is made under the Final Agreement, and defined terms in the Final Agreement will have the same meaning in this Agreement.

3. Rights on BC TEL Right of Way Area

The Nisga'a Nation grants to BC TEL, and its employees, representatives, agents, contractors, licensees and assignees, the full, free and uninterrupted right, liberty and right of way, for BC TEL Purposes, as follows:

(a) to construct, excavate for, erect, string, or otherwise install, operate, maintain, repair, alter, upgrade, remove and replace BC TEL Works over, upon and under the BC TEL Right of Way Area;

(b) to trim or remove all or any trees, growth or vegetation now or hereafter on the BC TEL Right of Way Area that may in the reasonable opinion of BC TEL create a hazard or interfere with the BC TEL Works or the carrying out of any of the BC TEL Purposes, except that BC TEL shall take all reasonable steps, including where appropriate planting of suitable replacement vegetation, to avoid erosion or other damage;

(c) to conduct vegetation management upon the BC TEL Right of Way Area, such as the planting of vegetation compatible with use for BC TEL Purposes, and the application of herbicides and pesticides provided that:

(i) BC TEL will not conduct any aerial application of herbicides or pesticides on the BC TEL Right of Way Area or other Nisga'a Lands; and

(ii) BC TEL will obtain all permits and approvals as required by authorities having jurisdiction, including any such permits or approvals required by the Nisga'a Nation, for the use of any herbicides or pesticides;

(d) to clear the BC TEL Right of Way Area and keep it cleared of all or any part of any obstructions that may in the reasonable opinion of BC TEL create a hazard or interfere with the BC TEL Works or the carrying out of any of the BC TEL Purposes;

(e) to install, maintain and use gates in all fences constructed by others which are now or hereafter shall be on the BC TEL Right of Way Area;

(f) to pass and repass over the BC TEL Right of Way Area with or without equipment, machinery and materials as reasonably required by BC TEL, and to construct, maintain, repair, replace and use trails, roads and bridges on the BC TEL Right of Way Area as reasonably required to obtain access to the BC TEL Works; and to generally do all acts or things necessary in connection with the foregoing.

4. Non Exclusive Use

This Agreement will not entitle BC TEL to exclusive possession of the BC TEL Right of Way Area or other parts of the Nisga'a Lands and the Nisga'a Nation reserves the right to grant other dispositions of the BC TEL Right of Way Area so long as the grant does not materially affect the exercise of BC TEL's rights under this Agreement.

5. Hydro

BC TEL will cooperate and enter into agreements with Hydro in the same manner as Hydro and BC TEL cooperate and enter into agreements elsewhere in British Columbia, to share the use of poles, ducts and other works.

6. Licence For BC TEL Works Located Outside Rights of Way

The Nisga'a Nation grants to BC TEL, and its employees, representatives, agents, contractors, licensees and assignees, as of the effective date, a licence for all Licensed BC TEL Works to use and occupy Nisga'a Lands on the following terms:

(a) the licence is irrevocable so long as BC TEL requires the use of the Licensed BC TEL Works for BC TEL Purposes, unless the Licensed BC TEL Works are included within a Crown road right of way area or BC TEL Right of Way Area under this paragraph;

(b) for the Licensed BC TEL Works, BC TEL holds the same rights, privileges and obligations, including all indemnity obligations, as apply to BC TEL for the use of the BC TEL Right of Way Area under this Agreement, and including the right of reasonable access onto the Nisga'a Lands for the purpose of gaining access to the Licensed BC TEL Works;

(c) if at any time in the course of maintenance or operations BC TEL replaces or makes significant repairs to Licensed BC TEL Works which are adjacent to a Crown road right of way area or a BC TEL Right of Way Area then, upon written notice from the Nisga'a Nation and provided the relocation does not result in significant increased costs, and for a Crown road right of way area if the relocation is acceptable to British Columbia, BC TEL will relocate the Licensed BC TEL Works on to the adjacent right of way area, and the licence for those Licensed BC TEL Works will be terminated;

(d) the Nisga'a Nation may at any time at no cost to BC TEL require BC TEL to enter into an agreement to extend the BC TEL Right of Way Area so as to incorporate within the BC TEL Right of Way Area any Licensed BC TEL Works designated by the Nisga'a Nation and upon the appropriate extension of the BC TEL Right of Way Area the licence for those Licensed BC TEL Works will be terminated;

(e) the Nisga'a Nation may at any time require BC TEL to relocate Licensed BC TEL Works designated by the Nisga'a Nation to another location on Nisga'a Lands including on to an adjacent Crown road right of way area if acceptable to British Columbia, or to a BC TEL Right of Way Area and in that event:

(i) if the new location is reasonably suitable for use for BC TEL Works considering construction, maintenance and operation and costs BC TEL will proceed with the relocation;

(ii) the Nisga'a Nation will give reasonable notice to permit design, planning and construction of the BC TEL Works to be relocated;

(iii) the Nisga'a Nation will pay all reasonable costs, including costs of design, supervision and construction; and

(iv) upon relocation, this licence is extended to the relocated BC TEL Works, except if the relocated BC TEL Works are located on a Crown road right of way area or a BC TEL Right of Way Area, then the license for those BC TEL Works will be terminated.

7. Duration

The rights, liberties and rights of way granted under this Agreement are for so long as required and will terminate, without compensation to BC TEL, when BC TEL no longer requires the BC TEL Right of Way Area, and:

(a) BC TEL gives 90 days written notice to the Nisga'a Nation; or

(b) the Nisga'a Nation gives 90 days written notice to BC TEL.

8. Work Plans For BC TEL Works

Except in an emergency BC TEL will provide to the Nisga'a Nation a written work plan describing proposed work on or related to a BC TEL Right of Way Area prior to undertaking any of the following work:

(a) installation of any new telecommunication lines;

(b) relocation of any telecommunication lines;

(c) trimming or removal of any trees, growth or vegetation on or adjacent to a BC TEL Right of Way Area;

(d) constructing any new trails, roads or bridges on the BC TEL Right of Way Area.

BC TEL will provide the work plan in time to afford the Nisga'a Nation the opportunity to comment, and BC TEL will use reasonable efforts to accommodate any suggestions or requests presented by the Nisga'a Nation provided they do not result in significant increased costs.

9. Insurance and Security

If British Columbia requires BC TEL to carry insurance, to provide security, or both, in relation to rights of way granted to BC TEL by British Columbia, then on request of the Nisga'a Nation, BC TEL will obtain insurance, security, or both, for the benefit of the Nisga'a Nation on terms substantially the same as required by British Columbia.

10. Access to BC TEL Rights of Way

If for any reason BC TEL is unable to obtain reasonable access to any BC TEL Works from the BC TEL Right of Way Area, a Crown road, a Nisga'a road or a BC TEL private access right of way, then the Nisga'a Nation will, where land access is reasonably practicable, on application from BC TEL, grant BC TEL the right to cross Nisga'a Lands to provide BC TEL access on terms substantially the same as contained in Document 3 of Appendix C-4 to the Final Agreement.

11. Protection of the Environment

BC TEL will undertake activities permitted under this Agreement having regard for the impact on the environment, and will take prudent measures to minimize damage or disruption to the environment.

12. Replacement Right of Way

If a material change occurs to lands which for any reason makes the continued use of any portion of the BC TEL Right of Way Area unsuitable for the BC TEL Purposes, then the Nisga'a Nation will, without charge, grant a replacement right of way to BC TEL for construction of the replacement BC TEL Works, as follows:

(a) BC TEL will, before undertaking any work, deliver a work plan to the Nisga'a Nation indicating the location of the contemplated replacement right of way area, for approval by the Nisga'a Nation which approval will not be unreasonably withheld;

(b) BC TEL will take into account the effect of the replacement right of way area on adjacent Nisga'a Lands, and any unique aspects of these lands, and the Nisga'a Nation will take into account the cost efficiencies of the location selected by BC TEL for a replacement right of way area in relation to alternative locations;

(c) the replacement right of way agreement will be on the same terms and conditions as this Agreement, and the Nisga'a Nation will use its best efforts to ensure that the replacement right of way has the same priority over other charges and encumbrances as this Agreement;

(d) BC TEL will execute a release of this Agreement in relation to the portions of the abandoned BC TEL Right of Way Area.

Despite any provision of this paragraph, in an emergency BC TEL may, without approval from the Nisga'a Nation, enter on to Nisga'a Lands to undertake all work and take all steps as are reasonably required to be taken immediately in order to restore electrical and telecommunication services, or to ensure safety of persons and property that may be at risk from BC TEL Works. BC TEL will give notice as soon as reasonably possible to the Nisga'a Nation of any emergency entry.

13. Entry on Nisga'a Lands outside the BC TEL Right of Way Area

BC TEL, and its employees, representatives, agents, contractors, licensees and assignees, may enter onto Nisga'a Lands outside the BC TEL Right of Way Area for the purpose of undertaking works to protect BC TEL Works, or to protect persons and property that may be at risk from BC TEL Works, as follows:

(a) BC TEL will before commencing any work deliver a written work plan describing the effect and extent of the proposed work on Nisga'a Lands to the Nisga'a Nation for approval;

(b) the Nisga'a Nation will not unreasonably withhold approval of the work plan, considering the effect of the proposed work, including the cost of the proposed works compared to the cost of alternate solutions, the extent of the risk of not undertaking the work, and the impact on the Nisga'a Lands. If BC TEL and the Nisga'a Nation cannot agree on a work plan requested by BC TEL within 30 days of receipt by the Nisga'a Nation of the proposed work plan then either party may refer the disagreement to dispute resolution under Paragraph 21 of this Agreement;

(c) BC TEL will minimize the damage to and time spent on Nisga'a Lands;

(d) BC TEL will pay fair compensation, as defined in the Final Agreement, for any interference with or damage to adjacent Nisga'a Lands.

Notwithstanding other provisions of this paragraph or this Agreement, in an emergency BC TEL may undertake works and take steps on Nisga'a Lands as are reasonably required to be taken immediately in order to protect BC TEL Works, or to protect persons and property that may be at risk from BC TEL Works, and in that event BC TEL will as soon as reasonably possible notify the Nisga'a Nation in writing.

14. Entry on Nisga'a Lands outside the Crown roads right of way area

The parties' rights and obligations as set out in paragraph 13 apply with respect to BC TEL Works located on a Crown road right of way area.

15. Relocation of BC TEL Works

If the Nisga'a Nation requires a portion of a BC TEL Right of Way Area for other purposes, then upon request by the Nisga'a Nation, BC TEL will relocate any BC TEL Right of Way Area including the related BC TEL Works, to a new location as follows:

(a) the relocation will proceed only if the new location is reasonably suitable for use for BC TEL Works considering construction, maintenance and operation and costs; and

(b) the Nisga'a Nation will give reasonable notice to permit design, planning and construction of the BC TEL Works to be relocated; and

(c) the Nisga'a Nation will pay all reasonable costs, including costs of design, supervision and construction.

The Nisga'a Nation will extend the BC TEL Right of Way Area as reasonably required, so that the extended BC TEL Right of Way Area has similar priority over other charges and encumbrances as the original. When a portion of a BC TEL Right of Way Area is relocated then the BC TEL Right of Way Area for the portion that is abandoned will be terminated.

16. Indemnity

BC TEL will indemnify and save harmless the Nisga'a Nation from and against all losses, damages, costs, liabilities, claims, expenses, and suits, including fees of solicitors and other professional advisors, arising out of:

(a) any breach, violation or non-performance by BC TEL of any of BC TEL's covenants, conditions or obligations under this Agreement; and

(b) any personal injury, death, or property damage, including environmental damage, occurring on or to Nisga'a Lands arising from BC TEL's use or occupation of Nisga'a Lands under this Agreement.

17. Covenants of BC TEL

BC TEL covenants with the Nisga'a Nation:

(a) to pay compensation to the Nisga'a Nation for any damage to buildings, crops (except for trees in the BC TEL Right of Way Area), livestock, drains, ditches, culverts, fences, trails, bridges, roads and fruit, nut or ornamental trees caused by BC TEL;

(b) despite subparagraph (a), to pay compensation to its owner, in accordance with generally accepted principles of timber valuation, for all merchantable timber cut or damaged by BC TEL on Nisga'a Lands on or adjacent to the BC TEL Right of Way Area, and the parties agree that, on payment, title to any timber cut on the Nisga'a Lands under this Agreement vests in BC TEL;

(c) to pay and discharge when due all applicable taxes, levies, charges and assessments now or hereafter assessed, levied or charged to the account of BC TEL which relate to the BC TEL Right of Way Area and which BC TEL is liable to pay;

(d) to keep the BC TEL Right of Way Area, and any BC TEL Works, in a safe, clean and sanitary condition to the extent the condition relates to BC TEL's use or occupation of the BC TEL Right of Way Area, and on written notice from the Nisga'a Nation, to make safe, clean and sanitary any portion of the BC TEL Right of Way Area, or the BC TEL Works that contravene the provisions of this covenant;

(e) not to disturb or interfere with any survey monuments, bars or iron pins located on the Nisga'a Lands including the BC TEL Right of Way Area;

(f) not to bury debris or rubbish of any kind on Nisga'a Lands in excavations or backfill, and to remove shoring and similar temporary structures as backfilling proceeds;

(g) to bury and maintain all underground works as may be required so as not to unduly interfere with the drainage of the Nisga'a Lands;

(h) not to commit or suffer any wilful or voluntary waste, spoil or destruction on the BC TEL Right of Way Area, or anything that may be or become a nuisance or annoyance to the owners of the Nisga'a Lands, except to the extent necessary to carry out any of the BC TEL Purposes;

(i) to observe, abide by and comply with all applicable laws, bylaws, orders, directions, ordinances and regulations of any competent governmental authority which relate to the BC TEL Right of Way Area;

(j) to permit the Nisga'a Nation to enter upon the BC TEL Right of Way Area at any time to examine its condition;

(k) if for any reason this Agreement terminates with respect to a portion of the BC TEL Right of Way Area, to:

(i) quit peaceably that portion of the BC TEL Right of Way Area;

(ii) decommission any BC TEL roads and restore the surface of that portion of the BC TEL Right of Way Area to a condition to which similar lands are typically restored in the Province of British Columbia, unless otherwise agreed to in writing by the Nisga'a Nation and BC TEL at the time of restoration;

(iii) remove all above ground BC TEL Works from that portion of the BC TEL Right of Way Area within a reasonable period of time and in any event within 2 years, and any BC TEL Works remaining on that portion of the BC TEL Right of Way Area will be absolutely forfeited to and become the property of the Nisga'a Nation. If the Nisga'a Nation removes any remaining above ground BC TEL Works within 4 years, BC TEL will, on demand by the Nisga'a Nation, reimburse the Nisga'a Nation for all reasonable costs of removal; and

(iv) remain liable for any environmental damage to the Nisga'a Lands arising from any below ground BC TEL Works that remain on or in that portion of the BC TEL Right of Way Area after termination, except that if the Nisga'a Nation uses or authorizes the use of the remaining below ground BC TEL Works for any purpose than BC TEL will not be liable for any environmental damage caused by the Nisga'a Nation use, or authorized use;

and to the extent necessary, this covenant will survive the termination of this Agreement; and

(l) if BC TEL, or its employees, representatives, agents, contractors, licensees or assignees, discover any archaeological material on the BC TEL Right of Way Area, to take all reasonable steps and precautions to minimize disturbance of that material, and to immediately notify the Nisga'a Nation.

18. Covenants of the Nisga'a Nation

The Nisga'a Nation covenants with BC TEL:

(a) not to use or authorize the use of the BC TEL Right of Way Area for any purpose, including the construction of any improvements, that in the reasonable opinion of BC TEL would be unsafe or would interfere with BC TEL's use of the BC TEL Right of Way Area;

(b) not to carry out blasting or aerial logging operations on or immediately adjacent to the BC TEL Right of Way Area without the prior written permission from BC TEL, which permission will not be unreasonably withheld or delayed; and

(c) not to intentionally do or authorize any act or thing that injures or endangers the BC TEL Works.

19. Licence

BC TEL will not licence the use of the BC TEL Right of Way Area, in whole or in part, without the prior written consent of the Nisga'a Nation provided that:

(a) BC TEL may, despite any limitations in the grants and authorizations to BC TEL in this Agreement, grant a licence to Hydro for the use of the BC TEL Right of Way Area for the transmission and distribution of electric energy and telecommunications, without the consent of the Nisga'a Nation. Any licence to Hydro will be deemed to include the right, exclusively for Hydro's benefit, to remove any tree located on Nisga'a Lands which by falling or otherwise may endanger any of Hydro's works, and, except in an emergency, Hydro will be required to give the Nisga'a Nation prior written notice of the exercise of this right outside the BC TEL Right of Way Area;

(b) the Nisga'a Nation may attach conditions to its consent to any licence, including the provision of insurance and security, in a form and amount acceptable to the Nisga'a Nation; and

(c) no licence will act as a release of any of BC TEL's obligations as set out in this Agreement.

20. Assignment

Despite paragraph 19, BC TEL may, without the consent of the Nisga'a Nation, assign its interest in this Agreement to an affiliate (as defined in the Company Act) of BC TEL provided that BC TEL gives 120 days notice in writing of this change.

21. Disputes

Any dispute arising out of or in connection with this Agreement will be resolved as follows:

(a) the parties will attempt to resolve disputes by good faith negotiations, including timely disclosure of all relevant facts, information and documents;

(b) either party may, at any time, by written notice request that the dispute be referred to mediation, conducted by a mediator, knowledgeable about the matters in dispute;

(c) if the dispute is not resolved within 30 days of the notice to mediate under subparagraph (b) then, on the agreement of both parties, the dispute may be referred to a single arbitrator for final resolution. If the parties do not agree to arbitration then either party may refer the matter to a court of competent jurisdiction;

except that it is not incompatible with this paragraph for a party to apply to a court of competent jurisdiction at any time for interim or conservatory relief and for the court to grant that relief.

22. Notice

If notice is required or permitted under this Agreement, the notice:

(a) must be in writing;

(b) must be delivered to the address set out above, or other address as specified in writing by a party;

(c) may be given in one or more of the following ways:

(i) delivered personally or by courier, and it will be deemed received on the next business day;

(ii) delivered by fax, and it will be deemed received on the next business day; or

(iii) mailed by pre-paid post in Canada, and it will be deemed received on the eighth business day following.

23. Runs With the Land

This Agreement runs with and binds Nisga'a Lands, to the extent reasonably necessary to give full force and effect to this Agreement.

24. Waiver and Consent

A breach of any term, condition, covenant or other provision of this Agreement may only be waived in writing, and any waiver will not be construed as a waiver of any subsequent breach. Consent to or approval of any act, where consent or approval is required under this Agreement, will not be construed as consent to or approval of any subsequent act.

25. Remedies

No remedy set out in this Agreement is exclusive of any other remedy provided by law, but will be in addition to any other remedy existing at law, in equity, or by statute.

26. Successors and Assigns

The terms and provisions of this Agreement will extend to, be binding upon and enure to the benefit of the parties and their successors and assigns.

27. Interpretation

In this Agreement:

(a) all attached schedules form an integral part of this Agreement;

(b) unless the context otherwise requires, the singular includes the plural and the masculine include the feminine gender, body politic and a corporation;

(c) 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;

(d) a reference to an enactment of British Columbia or of Canada will be deemed to include a reference to any subsequent amendments or replacements; and

(e) 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.

IN WITNESS THEREOF the parties have duly executed this Agreement, as of the date first referred to above.

NISGA'A NATION

Per:______________________________

Per:______________________________

BC TEL

Per:______________________________

Per:______________________________

SCHEDULE A - DESCRIPTION OF BC TEL RIGHT OF WAY AREA

Appendix C - 4
APPLICABLE FORMS OF DOCUMENT FOR ROADS LISTED
IN PART 3 OF APPENDIX C - 1

Document 1Grant of Right of Way for Secondary Provincial Roads;
Document 2Grant of Private Road Easement; and
Document 3Grant of Right of Way for Access Roads to British Columbia Hydro and Power Authority (Hydro)

Appendix C - 4
Document 1

Grant of Right of Way for
Secondary Provincial Roads

THIS GRANT OF RIGHT OF WAY made the __________ day of __________ , ____

BETWEEN:

NISGA'A NATION

[insert address]

("Nisga'a Nation")

AND:

HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA, as represented by the Minister of Transportation and Highways

[insert address]

("British Columbia")

WHEREAS:

A. The Nisga'a Nation, Canada and British Columbia have entered into the Nisga'a Final Agreement.

B. The Nisga'a Nation wishes to grant rights of way over areas of Nisga'a Lands for secondary provincial roads.

Therefore for good and valuable consideration the Nisga'a Nation and British Columbia agree as follows:

1. Grant of Right of Way. The Nisga'a Nation hereby grants a right of way to British Columbia for the secondary provincial road right of way areas described in Schedule A attached to this Grant of Right of Way.

2. Incorporation by Reference. This Grant of Right of Way incorporates by reference all provisions of the Roads and Rights of Way Chapter of the Nisga'a Final Agreement relating to secondary provincial roads and rights of way for those roads.

3. Other provisions.

(a) Notice. Any notice required under this Grant of Right of Way:

(i) must be in writing;

(ii) must be delivered to the address set out above, or to another address specified in writing by a party; and

(iii) may be given in one or more of the following ways:

(A) delivered personally or by courier, and it will be deemed to be received on the next business day;

(B) delivered by fax, and it will be deemed to be received on the next business day; or

(C) mailed by pre-paid post in Canada, and it will be deemed received on the eighth business day following.

(b) Runs with the Land. This Grant of Right of Way runs with and binds the Nisga'a Lands, to the extent reasonably necessary to give full force and effect to this Grant.

(c) Interpretation. In this Grant of Right of Way:

(i) all attached schedules form an integral part of this Grant;

(ii) headings are for convenience only and are not to be construed as defining or in any way limiting the scope or intent of this Grant.

IN WITNESS THEREOF the parties have duly executed this Agreement, as of the date first referred to above.

NISGA'A NATION

Per:____________________

Per:____________________

HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA, as represented by the Minister of Transportation and Highways

Per:____________________

Per:____________________

SCHEDULE A - DESCRIPTION OF SECONDARY PROVINCIAL ROAD
RIGHT OF WAY AREAS

Appendix C - 4
Document 2

Grant of Private Road Easement

THIS AGREEMENT is dated ____________________ , __________

BETWEEN:

[NISGA'A NATION or NISGA'A VILLAGE]

(TO BE DETERMINED ON EXECUTION)

[insert address]

(the "Owner")

AND:

of

[insert address]

(the "Grantee")

WHEREAS:

A. The Grantee wishes an easement over the Servient Lands to provide access to the Grantee's Property.

B. The Owner is willing to grant to the Grantee an easement over the Servient Lands to provide access to the Grantee's Property.

Therefore in consideration of the payment of the fee to be paid by the Grantee, and the Grantee's covenants as set out in this Agreement, the Owner and Grantee agree as follows:

1. Definitions

"Grantee's Property" means the lands described in Schedule A attached to this Agreement.

"Easement Area" means that portion of the Servient Lands as described in Schedule B attached to this Agreement.

"Security" means the security for the performance of the Grantee's obligations as set out in paragraph 11 in the amount of $__________________.

"Servient Lands" means the lands described in Schedule B attached to this Agreement.

"Special Conditions" means the conditions, if any, set out in Schedule C attached to this Agreement.

2. Rights and Privileges on Easement Area

By this Agreement the Owner grants to the Grantee, and its invitees, permittees, representatives, employees, and agents, their heirs, executors, administrators and assigns, the full, free and uninterrupted easement, right and liberty over the Easement Area to enter on and use the Easement Area for the purpose of constructing and maintaining (including trimming or removing trees and vegetation) a road and using the Easement Area as a road to give pedestrian and vehicular access to the Grantee's Property.

3. Duration

This Easement is appurtenant to the Grantee's Property and passes with a conveyance or other disposition of the estate in fee simple of the Grantee's Property, and is binding on the Servient Lands.

4. Annual Fee

The Grantee will pay the Owner an annual fee in advance in the amount of $________ to cover the Owner's costs of administering this Agreement.

5. Covenant

The obligation of the Grantee in this Agreement constitutes both contractual obligations and covenants under Section 219 of the Land Title Act in respect of the Grantee's Property and runs with the Grantee's Property and binds successors in title.

6. Non Exclusive Use

This Agreement will not entitle the Grantee to exclusive possession of the Easement Area and the Owner reserves the right to grant other dispositions of the Easement Area so long as the grant does not impair the Grantee's permitted use of the Easement Area.

7. Covenants of the Grantee

The Grantee covenants with the Owner:

(a) to pay the annual fee as described in paragraph 4 at the address of the Owner set out above or at such other place as the Owner may specify under paragraph 14;

(b) to pay and discharge when due all applicable taxes, levies, charges and assessments now or hereafter assessed, levied or charged which relate to the Easement Area or any of the Grantee's improvements on the Easement Area which the Grantee is liable to pay;

(c) to observe, abide by and comply with all applicable laws, bylaws, orders, directions, ordinances and regulations of any competent government authority, including an Owner government, in any way affecting the Easement Area and improvements situate thereon, or their use and occupation;

(d) not to commit or suffer any wilful or voluntary waste, spoil or destruction on the Easement Area or do or suffer to be done thereon by its invitees, permittees, representatives, employees, or agents, or anyone for whom the Grantee is responsible at law, anything that may be or becomes a nuisance;

(e) not to bury debris or rubbish of any kind on the Easement Area;

(f) not to commit or suffer any wilful or voluntary waste, spoil or destruction on the Easement Area, or anything that may be or become a nuisance or annoyance to the Servient Lands;

(g) to deliver to the Owner from time to time, upon demand, proof of insurance required under this Agreement, receipts or other evidence of payment of any taxes or charges owning, and other monetary obligations of the Grantee required to be observed by the Grantee pursuant to this Agreement;

(h) to indemnify and save harmless the Owner against all losses, damages, costs and liabilities, including fees of solicitors and other professional advisors, arising out of:

(i) any breach, violation or non-performance of any covenant, condition or obligation under this Agreement by the Grantee; and

(ii) any personal injury, death, or property damage, arising out of the Grantee's use or occupation of the Easement Area under this Agreement,

and the Owner may add the amount of any losses, damages, costs and liabilities to the fees payable under paragraph 4, and the amount added will be payable to the Owner immediately.

(i) to keep the Easement Area in a safe, clean and sanitary condition satisfactory to the Owner acting reasonably, and to make safe, clean and sanitary any portion of the Easement Area or any improvement thereon that the Owner, acting reasonably, may direct by notice in writing to the Grantee;

(j) to permit the Owner or its authorized representative to enter upon the Easement Area at any time to examine its condition;

(k) to use and occupy the Easement Area in accordance with the provisions of this Agreement including the Special Conditions, if any, set out in Schedule C;

(l) on the expiration or at the earlier cancellation of this Agreement:

(i) to quit peaceably and deliver possession of the Easement Area to the Owner;

(ii) to de-commission the road, including the removal of any structures or works on the Easement Area, and restore the surface of the Easement Area to the satisfaction of the Owner acting reasonably;

and to the extent necessary, this covenant shall survive the expiration or cancellation of this Agreement;

(m) to obtain and keep in force insurance covering the Owner and the Grantee (without any rights of cross-claim or subrogation against the Owner) against claims for personal injury, death, property damage or third party or public liability claims arising from any accident or occurrence on the Easement Area to an amount not less than $1,000,000.00;

(n) notwithstanding subparagraph (m), the Owner may from time to time, acting reasonably, considering the amount of insurance a prudent owner would carry, require the Grantee to increase the amount of insurance and the Grantee will, within 60 days of receiving the request, obtain the required additional insurance and deliver to the Owner written confirmation of the change;

(o) not to interfere with the activities, works or other improvements of any other person who enters on or uses or occupies the Easement Area under a subsequent right or interest granted by the Owner, or who is otherwise authorized by the Owner to enter on or use or occupy the Easement Area, in accordance with paragraph 6; and

(p) if the Grantee, or its agents, contractors or representatives, discover any archaeological material on the Easement Area, to take all reasonable steps and precautions to minimize disturbance of that material, and to immediately notify the Owner.

8. Cancellation

Despite any other provision of this Agreement, this Agreement may be cancelled if the Grantee fails or refuses to observe or perform any term in this Agreement, and the failure continues after the Owner gives written notice of the failure to the Grantee for a period of:

(a) 30 days; or

(b) 150 days, if the failure because of its nature reasonably requires more than 30 days to cure, and provided that the Grantee proceeds diligently and continuously to cure the failure

then the Owner may by further written notice to the Grantee cancel this Agreement and despite paragraph 7 (l), any fixtures to the Easement Area will, at the discretion of the Owner, become the property of the Owner.

9. Relocation of Easement Area

If the Owner requires the Easement Area for another purpose, the Owner may, on 180 days written notice to the Grantee and in consultation with the Grantee:

(a) at its cost locate and construct an alternate road providing access to the Grantee's Property to a standard at least equivalent to the original road;

(b) grant a replacement Agreement for the alternate road on the same terms as this Agreement; and

(c) by further written notice to the Grantee cancel this Agreement;

and on cancellation the Grantee will quit peaceably and deliver possession of the Easement Area, except that the Grantee may, at its election, within 60 days of the cancellation, or such longer time as reasonably required, remove any fixtures from the Easement Area, but the Grantee will not be required to comply with paragraph 7 (l) (ii).

10. Third Party Notice

The Owner will not dispose of, or agree to dispose of, the Servient Lands without first notifying any intended purchaser of the existence of this Agreement.

11. Ownership of Commercially Valuable Timber

All timber of commercial value on the Easement Area will remain the property of the Owner.

12. Security

The Grantee will deliver the Security to the Owner within 30 days of the commencement of this Agreement, and in any event prior to the Grantee's use of the Easement Area, as security for the performance of the Grantee's obligations under this Agreement, and the following will apply:

(a) the Grantee will maintain the Security in full until the later of:

(i) the termination of this Agreement; or

(ii) the complete fulfillment of all of the Grantee's obligations under this Agreement;

(b) if the Grantee defaults in the performance of any of its obligations under this Agreement, the Owner may, in its sole election, draw on and use the Security to reimburse the Owner for all reasonable costs and expenses, including legal and other professional services costs if any, caused by or arising out of the Grantee's breach, and in the event of a call on the Security the Grantee will, as a condition of the continuation of this Agreement, immediately pay to the Owner the amount of the draw so that the full amount of the Security is available.

13. Disputes

Any dispute arising out of or in connection with this Agreement will be resolved as follows:

(a) the parties will attempt to resolve disputes by good faith negotiations, including timely disclosure of all relevant facts, information and documents;

(b) either party may, at any time, by written notice request that the dispute be referred to mediation, conducted by a mediator, knowledgeable about the matters in dispute;

(c) if the dispute is not resolved within 30 days of the notice to mediate under subparagraph (b) then, on the agreement of both parties, the dispute may be referred to a single arbitrator for final resolution. If the parties do not agree to arbitration then either party may refer the matter to the courts;

except that it is not incompatible with this paragraph for a party to apply to a court at any time for interim or conservatory relief, and for the court to grant that relief.

14. Notice

If notice is required or permitted under this Agreement, the notice:

(a) must be in writing;

(b) must be delivered to the address set out above, or other address as specified in writing by a party; and

(c) may be given in one or more of the following ways:

(i) delivered personally or by courier, and it will be deemed received on the next business day;

(ii) delivered by fax, and it will be deemed received on the next business day; or

(iii) mailed by pre-paid post in Canada, and it will be deemed received on the eighth business day following.

15. Waiver and Consent

A breach of any term, condition, covenant or other provision of this Agreement may only be waived in writing, and any waiver will not be construed as a waiver of any subsequent breach. Consent to or approval of any act, where consent or approval is required under this Agreement, will not be construed as consent to or approval of any subsequent act.

16. Remedies

No remedy set out in this Agreement is exclusive of any other remedy provided by law, but will be in addition to any other remedy existing at law, in equity, or by statute.

17. Enurement

The terms and provisions of this Agreement shall extend to, be binding upon and enure to the benefit of the parties hereto and their successors and permitted assigns.

18. Interpretation

In this Agreement:

(a) all attached schedules form an integral part of this Agreement;

(b) unless the context otherwise requires, the singular includes the plural and the masculine include the feminine gender, body politic and a corporation;

(c) the headings are for convenience only and are not to be construed as defining or in any way limiting the scope or intent of the Agreement;

(d) a reference to an enactment of British Columbia or of Canada will be deemed to include a reference to any subsequent amendments or replacements; and

(e) 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.

IN WITNESS THEREOF the parties have duly executed this Agreement, as of the date first referred to above.

NISGA'A NATION

Per:____________________

Per:____________________

GRANTEE

Per:____________________

(authorized signatory of Grantee)

SCHEDULE A - DESCRIPTION OF GRANTEE'S PROPERTY

SCHEDULE B - DESCRIPTION OF BOTH SERVIENT LANDS AND EASEMENT AREA

SCHEDULE C - SPECIAL CONDITIONS

Appendix C - 4
Document 3

Grant of Right of Way for Access Roads To
British Columbia Hydro and Power Authority

This Agreement is dated ____________________ , __________

BETWEEN:

NISGA'A NATION

[insert address]

(the "Nisga'a Nation")

AND:

BRITISH COLUMBIA HYDRO AND POWER AUTHORITY, continued under the Hydro and Power Authority Act, RSBC 1996, c. 212

[insert address]

("Hydro")

WHEREAS:

A. The Nisga'a Nation, Canada and British Columbia have entered into the Nisga'a Final Agreement.

B. The Nisga'a Nation wish to grant to Hydro rights on Nisga'a Lands for certain roads existing on Nisga'a Lands on the effective date.

Therefore for good and valuable consideration the Nisga'a Nation and Hydro agree as follows:

1. Definitions

"BC TEL" means BC TEL, and its successors and assigns.

"Final Agreement" means the Nisga'a Final Agreement between the Nisga'a Nation, Canada and British Columbia.

"Hydro Access Roads" means trails or roads that provide access to a Hydro right of way or works, including surfacing, bridges, drainage and support works, and other works required to maintain the integrity of the travelled surface.

"Hydro Access Road Areas" means those portions of Nisga'a Lands as described in Schedule A attached to this Agreement.

"Hydro Purposes" means the transmission and distribution of electric energy and telecommunications.

2. Relationship to Final Agreement

This Agreement is made under the Final Agreement, and defined terms in the Final Agreement will have the same meaning in this Agreement.

3. Rights on Hydro Access Road Areas

The Nisga'a Nation grants to Hydro, and its employees, representatives, agents, contractors, licensees and assignees, the full, free and uninterrupted right, liberty and right of way, as follows:

(a) to construct, operate, maintain, repair, alter, upgrade, remove and replace Hydro Access Roads, and remove and trim trees, vegetation and obstructions, on the Hydro Access Road Areas;

(b) to install, maintain and use gates in all fences constructed by others which are now or hereafter shall be on the Hydro Access Road Areas;

(c) to pass and repass over the Hydro Access Road Areas with or without equipment, machinery and materials as reasonably required by Hydro; and

(d) to generally do all acts or things necessary in connection with the foregoing.

4. Non Exclusive Use

This Agreement will not entitle Hydro to exclusive possession of the Hydro Access Road Areas or other parts of the Nisga'a Lands and the Nisga'a Nation reserves the right to grant other dispositions of the Hydro Access Road Areas so long as the grant does not materially affect the exercise of Hydro's rights under this Agreement.

5. Duration

In respect of a Hydro Access Road Area, the rights, liberties and rights of way granted under this Agreement are for so long as required and will terminate, without compensation to Hydro, when:

(a) the Hydro right of way that the Hydro Access Road Area serves terminates; or

(b) Hydro no longer requires the Hydro Access Road Areas, and:

(i) Hydro gives 90 days written notice to the Nisga'a Nation; or

(ii) the Nisga'a Nation gives 90 days written notice to Hydro.

6. Work Plans For Hydro Access Roads

Except in an emergency, Hydro will provide to the Nisga'a Nation a written work plan describing proposed work on or related to a Hydro Access Road Area prior to undertaking the construction or development of any Hydro Access Road. Hydro will provide the work plan in time to afford the Nisga'a Nation the opportunity to comment, and Hydro will use reasonable efforts to accommodate any suggestions or requests presented by the Nisga'a Nation provided they do not result in significant increased costs.

7. Protection of the Environment

Hydro will undertake activities permitted under this Agreement having regard for the impact on the environment, and will take prudent measures to minimize damage or disruption to the environment.

8. Entry on Nisga'a Lands outside the Hydro Right of Way Areas

Hydro, and its employees, representatives, agents, contractors, licensees and assignees, may enter onto Nisga'a Lands outside the Hydro Access Road Areas for the purpose of undertaking works to protect Hydro Access Roads, or to protect persons and property, as follows:

(a) Hydro will before commencing any work deliver a written work plan describing the effect and extent of the proposed work on Nisga'a Lands to the Nisga'a Nation for approval;

(b) the Nisga'a Nation will not unreasonably withhold approval of the work plan, considering the effect of the proposed work, including the cost of the proposed works compared to the cost of alternate solutions, the extent of the risk of not undertaking the work, and the impact on the Nisga'a Lands. If Hydro and the Nisga'a Nation cannot agree on a work plan requested by Hydro within 30 days of receipt by the Nisga'a Nation of the proposed work plan, then either party may refer the disagreement to dispute resolution under Paragraph 14 of this Agreement;

(c) Hydro will minimize the damage to and time spent on Nisga'a Lands;

(d) Hydro will pay fair compensation, as defined in the Final Agreement, for any interference with or damage to adjacent Nisga'a Lands.

Notwithstanding other provisions of this paragraph or this Agreement, in an emergency Hydro may undertake works and take steps on Nisga'a Lands as are reasonably required to be taken immediately in order to protect Hydro Access Roads, and in that event Hydro will as soon as reasonably possible notify the Nisga'a Nation in writing.

9. Relocation of Hydro Access Road Areas

If the Nisga'a Nation requires a portion of a Hydro Access Road Area for another purpose, then upon request by the Nisga'a Nation, Hydro will relocate any Hydro Access Road Area, including the related Hydro Access Road, to a new location as follows:

(a) the relocation will proceed only if the new location is reasonably suitable for use for a Hydro Access Road considering construction, maintenance and operation and costs; and

(b) the Nisga'a Nation will give reasonable notice to permit design, planning and construction of the Hydro Access Road to be relocated; and

(c) the Nisga'a Nation will pay all reasonable costs, including costs of design, supervision and construction.

The Nisga'a Nation will extend a Hydro Access Road Area as reasonably required, so that the extended Hydro Access Road Area has similar priority over other charges and encumbrances as the original. When a portion of a Hydro Access Road Area is relocated, then the Hydro Access Road Area for the portion that is abandoned will be terminated.

10. Indemnity

Hydro will indemnify and save harmless the Nisga'a Nation from and against all losses, damages, costs, liabilities, claims, expenses, and suits, including fees of solicitors and other professional advisors, arising out of:

(a) any breach, violation or non-performance by Hydro of any of Hydro's covenants, conditions or obligations under this Agreement; and

(b) any personal injury, death, or property damage, including environmental damage, occurring on or to Nisga'a Lands arising from Hydro's use or occupation of Nisga'a Lands under this Agreement,

but not for any claims based on nuisance or the rule in Rylands v Fletcher unless Hydro was negligent.

11. Covenants of Hydro

Hydro covenants with the Nisga'a Nation:

(a) to pay compensation to the Nisga'a Nation for any damage to buildings, crops (except for trees in the Hydro Access Road Areas), livestock, drains, ditches, culverts, fences, trails, bridges, roads and fruit, nut or ornamental trees caused by Hydro;

(b) despite subparagraph (a), to pay compensation to its owner, in accordance with generally accepted principles of timber valuation, for all merchantable timber cut or damaged by Hydro on Nisga'a Lands on or adjacent to the Hydro Access Road Areas, and the parties agree that, on payment, title to any timber cut on the Nisga'a Lands under this Agreement vests in Hydro;

(c) to pay and discharge when due all applicable taxes, levies, charges and assessments now or hereafter assessed, levied or charged to the account of Hydro which relate to the Hydro Access Road Areas and which Hydro is liable to pay;

(d) to keep the Hydro Access Road Areas in a safe, clean and sanitary condition to the extent the condition relates to Hydro's use or occupation, and on written notice from the Nisga'a Nation to make safe, clean and sanitary any portion of the Hydro Access Road Areas that contravene the provisions of this covenant, provided that Hydro has no obligation to keep the Hydro Access Roads suitable for use by anyone except Hydro;

(e) not to disturb or interfere with any survey monuments, bars or iron pins located on the Nisga'a Lands including the Hydro Access Road Areas;

(f) not to bury debris or rubbish of any kind on Nisga'a Lands in excavations or backfill, and to remove shoring and similar temporary structures as backfilling proceeds;

(g) to bury and maintain all underground works as may be required so as not to unduly interfere with the drainage of Nisga'a Lands;

(h) not to commit or suffer any wilful or voluntary waste, spoil or destruction on the Hydro Access Road Areas, or anything that may be or become a nuisance or annoyance to the owners of the Nisga'a Lands, except to the extent necessary to carry out any of the matters under this Agreement;

(i) to observe, abide by and comply with all applicable laws, bylaws, orders, directions, ordinances and regulations of any competent governmental authority which relate to the Hydro Access Road Areas;

(j) to permit the Nisga'a Nation to enter upon the Hydro Access Road Areas at any time to examine its condition;

(k) if for any reason this Agreement terminates with respect to a portion of the Hydro Access Road Areas, to:

(i) quit peaceably that portion of the Hydro Access Road Areas; and

(ii) decommission any Hydro Access Roads on, and restore the surface of, that portion of the Hydro Access Road Areas to a condition to which similar lands are typically restored in British Columbia, unless otherwise agreed to in writing by the Nisga'a Nation and Hydro at the time of restoration;

and to the extent necessary, this covenant will survive the termination of this Agreement; and

(l) if Hydro, or its employees, representatives, agents, contractors, licensees or assignees, discover any archaeological material on the Hydro Access Road Areas, to take all reasonable steps and precautions to minimize disturbance of that material, and to immediately notify the Nisga'a Nation.

12. Covenants of the Nisga'a Nation

The Nisga'a Nation covenants with Hydro:

(a) not to use or authorize the use of the Hydro Access Road Areas for any purpose, including the construction of any improvements, that in the reasonable opinion of Hydro would be unsafe or would interfere with Hydro's use of the Hydro Access Road Areas; and

(b) not to intentionally do or authorize any act or thing that injures or endangers the Hydro Access Roads.

13. Licence

Hydro will not licence the use of the Hydro Access Road Areas, in whole or in part, without the prior written consent of the Nisga'a Nation provided that:

(a) Hydro may grant a licence to BC Tel for the use of the Hydro Access Road Areas without the consent of the Nisga'a Nation;

(b) the Nisga'a Nation may attach conditions to its consent to any licence, including the provision of insurance and security, in a form and amount acceptable to the Nisga'a Nation; and

(c) no licence will act as a release of any of Hydro's obligations as set out in this Agreement.

14. Disputes

Any dispute arising out of or in connection with this Agreement will be resolved as follows:

(a) the parties will attempt to resolve disputes by good faith negotiations, including timely disclosure of all relevant facts, information and documents;

(b) either party may, at any time, by written notice request that the dispute be referred to mediation, conducted by a mediator, knowledgeable about the matters in dispute;

(c) if the dispute is not resolved within 30 days of the notice to mediate under subparagraph (b) then, on the agreement of both parties, the dispute may be referred to a single arbitrator for final resolution. If the parties do not agree to arbitration then either party may refer the matter to a court of competent jurisdiction

except that it is not incompatible with this paragraph for a party to apply to a court of competent jurisdiction at any time for interim or conservatory relief and for the court to grant that relief.

15. Notice

If notice is required or permitted under this Agreement, the notice:

(a) must be in writing;

(b) must be delivered to the address set out above, or other address as specified in writing by a party;

(c) may be given in one or more of the following ways:

(i) delivered personally or by courier, and it will be deemed received on the next business day;

(ii) delivered by fax, and it will be deemed received on the next business day; or

(iii) mailed by pre-paid post in Canada, and it will be deemed received on the eighth business day following.

16. Runs With the Land

This Agreement runs with and binds Nisga'a Lands, to the extent reasonably necessary to give full force and effect to this Agreement.

17. Waiver and Consent

A breach of any term, condition, covenant or other provision of this Agreement may only be waived in writing, and any waiver will not be construed as a waiver of any subsequent breach. Consent to or approval of any act, where consent or approval is required under this Agreement, will not be construed as consent to or approval of any subsequent act.

18. Remedies

No remedy set out in this Agreement is exclusive of any other remedy provided by law, but will be in addition to any other remedy existing at law, in equity, or by statute.

19. Successors and Assigns

The terms and provisions of this Agreement will extend to, be binding upon and enure to the benefit of the parties and their successors and assigns.

20. Interpretation

In this Agreement:

(a) all attached schedules form an integral part of this Agreement;

(b) unless the context otherwise requires, the singular includes the plural and the masculine include the feminine gender, body politic and a corporation;

(c) 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;

(d) a reference to an enactment of British Columbia or of Canada will be deemed to include a reference to any subsequent amendments or replacements; and

(e) 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.

IN WITNESS THEREOF the parties have duly executed this Agreement, as of the date first referred to above.

NISGA'A NATION

Per:____________________

Per:____________________

BRITISH COLUMBIA HYDRO AND POWER AUTHORITY

Per:____________________

Per:____________________

SCHEDULE A - DESCRIPTION OF HYDRO ACCESS ROAD AREAS

Appendix C - 5
CERTIFICATES OF POSSESSION ISSUED BY
CANADA ON FORMER NISGA'A INDIAN RESERVES
ON NISGA'A LANDS

Interest
Holder
Legal
Description
InstrumentRegistration
No.
Gingolx (former Kincolith I.R. # 14)
Oliver Melvin Stewart #455Lot 1, Block 1, Plan 11613411479812
Oliver Melvin Stewart #455Lot 2, Block 1, Plan 11613411579813
James Henry Robinson #411Lot 3, Block 1, Plan 11613476781699
Robert Lambert Stewart #111Lot 4, Block 1, Plan 1161900624233
Sarah K. Barton #26Lot 5, Block 1, Plan 1161103977212875
Alice Rosabelle Benson #31Lot 6, Block 1, Plan 1161119591249559
Reuben Morgan #65Lot 7, Block 1, Plan 11611669216103
Howard Charles Lincoln #57Lot 8, Block 1, Plan 1161302424237
Esther Melissa Adams #202Lot 2, Block 2, Plan 11613021763586
Kenny Fred Moore #982Lot 5, Block 2, Plan 116150599128887
Mercy Evangeline Robinson #156Lot 1, Block 3, Plan 11613226172354
Katherine A. Clayton #40Lot 2, Block 3, Plan 116149682126697
Andrew William Morrison #257
Mitchell Sydney Morrison #70
Lot 3, Block 3, Plan 11611051624313
James Howard Stevens #88Lot 4, Block 3, Plan 1161533824255
Charles Abraham Stewart #97 (Estate)Lot 5, Block 3, Plan 11611151024313
Abel Louis Stewart #92
Paul Alfred Stewart #189
(joint tenants)
Lot 6, Block 3, Plan 1161473424257
Philip Rene Watts #471Lot 7, Block 3, Plan 1161109176225459
Stephen (Steven) Geofrey Doolan #258Lot 8, Block 3, Plan 11613379178596
Lily Eleanor McIntyre #897Lot 9, Block 3, Plan 116146943118177
Arthur Robert Robinson #417
Ambrose Edward Robinson #156
Marilyn Sarah Robinson #156
Anthony Curtis Robinson #156
(undivided 1/4 interest)
Lot 1, Block 4, Plan 116120811
20814
20812
20813
32594
Arnold Stewart #104 -
Pauline Fern Stewart #104
(undivided 1/2 interest)
Lot 2, Block 4, Plan 1161663424405
Hubert Stevens #149Lot 4, Block 4, Plan 1161927324406
Benjamin Edward Stevens #227
Hubert Emerald Stevens #149
James Stevens #88
Robert Colin Stevens #169
Albert Henry Stevens #179
Peter George Stevens #205
Ray Stevens #447
Larry Allen Stevens #1142
(undivided 1/8th interest)
Lot 5, Block 4, Plan 1161115061
115062
115063
115064
115065
115066
115067
115068
238738
Henry Yas. Steven (Stephens) #298Lot 7, Block 4, Plan 116150430128567
Lily Eleanor McIntryre #897Lot 8, Block 4, Plan 116149385125972
Perry Cecil George Barton #153 (Estate)Lot A, Block 6, Plan 11613580285165
Albert David Barton #591Lot B, Block 6, Plan 116151054129952
Percival Desmond Barton #560
(36.92% interest)
Debra Elaine Barton #579
(12.62% interest)
Zelda Marie Barton #199
(12.62% interest)
Leo Brian Barton #199
(12.62% interest)
Claude Nathan Barton #199
(12.61% interest)
Clinton Shannon Barton #199
(12.61% interest)
Lot 1, Block 6, Plan 11613497182422
Marlon Bradford Watts #459Lot 1A, Block 6, Plan 11613111668394
Arthur Mayard Angus #17Lot 2, Block 6, Plan 11613015260260
Evelyn Fanny Nelson #76 (Estate)Lot 3, Block 6, Plan 11613075767194
David George Stewart #781Lot 4, Block 6, Plan 1161124852260621
Larry Melvin Angus #297
Margaret Nellie Massingale #820
Lot 5, Block 6, Plan 1161119630249679
Marjorie Charlotte Stewart #162Lot 6, Block 6, Plan 116144455112472
Charles Max Haines #164Lot 8, Block 6, Plan 11613034764266
George William Barton #435Lot 10, Block 6, Plan 11613710889782
Henry William Angus #229Lot 11, Block 6, Plan 11612231840949
Esther Dorothy Doolan #241Lot 12, Block 6, Plan 11613258673258
Benson Young #127 (Estate)Lot 14, Block 6, Plan 1161301024329
George Randolph Moore #387
Christine Arlene Moore #387
(joint tenants)
Lot 1, Block 7, Plan 11612008829536
Eveyln Fanny Nelson #76 (Estate)
James George Alexander #682
Sydney Joshua Alexander #464
Georgina Sarah Barton #24
(each with an undivided interest)
Lot 3, Block 7, Plan 116142648107551
Marietta Joyce Alexander #464Lot 6, Block 7, Plan 11613267573586
Harold Peter Watts #2Lot 8, Block 7, Plan 116150474128662
Hubert Max Barton #343
Frederick Edward Barton #22
Godwin Herman Barton #22
(undivided 1/3 interest)
Lot 9, Block 7, Plan 11613035764314
MacDonald Melvin Trimble #309Lot 1, Block 9, Plan 11612259743561
Mercy Evangeline Thomas #1102
Emily Rose Stevens #88
Sarah Laura Moore #68
Edward George Nelson #75
(joint tenants)
Lot 3, Block 9, Plan 11613282374077
Ramona Stanley (Smythe) #87Lot 4, Block 9, Plan 1161303124849
Rose Carol Smythe #220
Lavern Joyce Smythe #220
Lot 1, Block 10, Plan 116149650126658
Alfred Lazarus Smythe #222Lot 2, Block 10, Plan 11611197924333
Laura Myrtle Doolan #48Lot 1, Block 11, Plan 116140830102919
Laura Myrtle Doolan #48Lot 2, Block 11, Plan 116130831102920
Rose Carol Smythe #220
Lavern Joyce Smythe #220
Lot 4, Block 11, Plan 116149649126657
Harold Peter Watts #2Lot 5, Block 11, Plan 1161474524337
Katherine A. Clayton #40Lot 2, Block 12, Plan 1161107944221110
Reuben Morgan #65Lot 3, Block 12, Plan 1161667724419
Adelia Grace Nelson #75Lot 1, Block 13, Plan 1161107997221380
Thelma Lena Stevens #169Lot 2, Block 13, Plan 11611157224421
Thelma Lena Stevens #169Lot 5, Block 13, Plan 1161105357215528
Donald S. Doolan #525Lot 8, Block 13, Plan 116140905103126
Steven Mark Watts #430Lot 9-1, Block 13, Plan 609042921557974
Steven Mark Watts #430Lot 9-2, Block 13, Plan 609042921457974
John Edward Stevens #673Lot 1, Block 14, Plan 1161123979259175
Louis John Stewart #105Lot 2, Block 14, Plan 1161849124442
Emily Venn #118Lot 4, Block 14, Plan 1161558824438
Raymond Alan Stewart #266Lot 5, Block 14, Plan 11612177437517
Laura Edith Lincoln #58
Frederick Philip Harris Lincoln #176
(joint tenants)
Lot 6, Block 14, Plan 116153541
53542
135092
William Charles Stewart #256Lot 8, Block 14, Plan 11612233141127
Isaac Benjamin Watts #393Lot 10, Block 14, Plan 11613074567115
Harold Philip Barton #150Lot 1, Block 15, Plan 1161611024428
Jessie Josephine Gurney #49Lot 4, Block 15, Plan 116153445134933
Eugene David Stewart #330Lot 1, Block 16, Plan 11611970927906
Gingolx (formerly Kincolith I.R. #14A)
Mercy Evangeline Thomas #1102Lot 1. Plan 1918 RSBC46716117570
Mercy Evangeline Thomas #1102Lot 2, Plan RSBC 2501R108688223247
Mercy Evangeline Thomas #1102Lot 4, Plan RSBC 2501R108689223247
Formerly Gitlakdamix I.R. #1
Elsie H. Clayton #23 (Estate)Lot 1, Block 1, Plan 1163440020978
Marjorie Bright #14 (1/3 interest)
Ben R. Bright #575 (2/18 th interest)
Melvin M. Bright #608 (2/18 th interest)
Wanda V. Bright #421 (2/18 th interest)
Bessie Blackwater #551 (2/18 th interest)
Elinor N. Bright #517 (2/18 th interest)
Charlotte J. Scott #1242 (2/18 th interest)
Lot 3, Block 1, Plan 1163124177
124178
124179
124180
124181
124182
124183
20977
Martha Munroe #62 (Estate)Lot 4, Block 5, Plan 1163486020976
Andrew Roger Mercer #290Parcel 1, Lot 5, Block 5,
Plan 1163
1753520562
Rachel Haizimsque #42Lot 11, Block 8, Plan 1163486220975
Oscar Harold Mercer #102Lot 2, Block 9, Plan 1163486320974
Ellen Davis #26 (Estate)Lot 1, Block 10, Plan 1163487120949
Norma Grace Varley #1023
Judith Pamela Gonu #195
Karen Sopia Johnson #303
Sharon Alexandria Johnson #309
Lilly Eileen Johnson #1013
Marjery Esther Eli #284
Charlene Louise Johnson #433
Teresa Louanne Johnson #540
Diane Pauline Robinson #538
Albert Curtis Robinson #640
Brian Craig Robinson #670
Melanie Stella Robinson #676
Lot 5, Block 10, Plan 1163107811
107812
107813
107814
107815
107816
107817
107818
107819
107820
107821
107822
220887
New Aiyansh (formerly New Aiyansh I.R. No. 1)
Edmond Isaac Wright #246Lot 19-6, Plan 6828245695115776
Gitwinksihlkw (formerly Canyon City I.R. No. 7)
Frazer Harry Nice (Nyce) #48Lot 1, Plan 629952915357633
Minnie Azak #30Lot 3, Plan 629953898498478
Maurice Alfred Squires #159Lot 7, Plan 62995124878260681
W.C. Azak #75
(Transfer to Gitwinksihlkw band being processed)
Lot 9, Plan 629953252473065
Lawrence Peter Adams #36Lot 11, Plan 629952916157633
Martha Doris Burton #184
(1/11 th interest)
Agnes Jean Squires #220
(1/11 th interest)
Phyllis Marjorie Cheecham #227
(1/11 th interest)
Jerry Edward Azak #41
(1/11 th interest)
Perry Lloyd Azak #46
(2/11 th interest)
Herbert Wayne Azak #71
(1/11 th interest)
Arnold Ross Azak #79
(2/11 th interest)
Josephine Karen Azak #87
(2/11 th interest)
Lot 12, Plan 62995
107669
 
107670
 
107671
 
107672
 
107673
 
107674
 
107675
 
107676
 
220274
Grace Azak #5Lot 18, Plan 629953299074503
Virginia Stella Azak #35
Jacob Dennis Gary #56
(Estate)
Lot 20, Plan 629953034864268
Chester Earle Nyce #66Lot 22, Plan 629952985061642
Alice Azak #6Lot 24, Plan 629952917057633
Alvin Jonathan Azak #52Lot 27, Plan 629952917257633
(Note: Bracketed spellings are correct and have been agreed upon by the parties.)

Appendix C - 6
PERSONS WITH AN INTEREST AUTHORIZED BY BAND COUNCIL RESOLUTION ON FORMER NISGA'A INDIAN RESERVES
ON NISGA'A LANDS

Homeowner Member NameMember Band No.Home Location
Gitwinksihlkw Village
Steven C. Azak Sr.6790004501Lot 5, Plan 62995
Joshua W. Azak6790003301Lot 6, Plan 62995
Irene A. Griffin6790015501Lot 8, Plan 62995
Peter R. Squires Sr.6790014601Lot 15, Plan 62995
Bruce J. Haldane Sr.6790004901Lot 17, Plan 62995
Henry Azak6790003901Lot 19, Plan 62995
Bert C. Azak6790013201Lot 21, Plan 62995
Chester E. Nyce6790006601Lot 22, Plan 62995
Alice Azak6790000602Lot 24, Plan 62995
Arnold Azak6790007901Lot 25, Plan 62995
Fred A. Azak6790006101Lot 26, Plan 62995
Alvin J. Azak6790005201Lot 27, Plan 62995
Pheobe Azak6790002902Lot 1-new, Plan
Rodney Moore6790008501Lot 2 new, Plan
Lavinia Azak6790012202Lot 3 new, Plan
Mark R. Azak6790006401Lot 4 new, Plan
Jerry Azak6790004101Lot 5 new, Plan
Arthur Nyce6790007301Lot 6 new, Plan
Collier H. Azak6790004701Lot 7 new, Plan
P. Norman Squires Jr.6790024401Lot 12 new, Plan
Silas Azak6790009001Lot 13 new, Plan
Dennis Nyce6790009601Lot 18 new, Plan
R. Allan Azak6790011801Lot 20 new, Plan
Alice Nyce6790016201Lot 21 new, Plan
William J. Azak6790011001Lot 22 new, Plan
Leonard F. Squires6790016001Lot 23 new, Plan
T. Ron Nyce6790005701Lot 24 new, Plan
J. Clifford Azak Sr.6790008901Lot 25 new, Plan
Perry Azak6790004601Lot 26 new, Plan
Bruce L. Azak6790011501Lot 27 new, Plan
Arthur R. Azak6790004201Lot 28 new, Plan
George Morgan6790003201Lot 29 new, Plan
Steven Bolton Sr.6790008101Lot 30 new, Plan
Dorothy Doolan6790011401Lot 31 new, Plan
Harry Nyce Jr.6790014401Lot 34 new, Plan
Village of Kincolith
Albert A. Nelson6710046101Lot 9 Block 1, Plan 1161
G.V.G. Rental Lot 1 Block 2, Plan 1161
Esther Adams6710020202Lot 2 Block 2, Plan 1161
Band Owned Lot 3 Block 2, Plan 1161
Band Owned Lot 4 Block 2, Plan 1161
William Watts Sr.6710026801Lot 6 Block 2, Plan 1161
Larry Angus6710029701Lot 3 Block 4, Plan 1161
Maintenance Department Lot 6 Block 4, Plan 1161
S.E.P. Office Lot 6 A Block 4, Plan 1161
Henry Stephens6710029801Lot 7 Block 4, Plan 1161
Lily McIntyre/Doolan6710089701Lot 8 Block 4, Plan 1161
GVFB Fire Hall Lot 9 Block 4, Plan 1161
Mission House Lot 1 Block 5, Plan 1161
Christ Church Lot 1 Block 5, Plan 1161
G.V.G./TV Com. Cabin Lot 0 Block 6, Plan 1161
G.V.G./Band Owned Lot 7 Block 6, Plan 1161
G.V.G./Band Owned Lot 9 Block 6, Plan 1161
William Stanley6710153401Lot 13 Block 6, Plan 1161
Reuben Morgan6710006501Lot 2 Block 7, Plan 1161
School District #92 Lot 4 Block 7, Plan 1161
School District #92 Lot 4 Block 7, Plan 1161
School District #92 Lot 5 Block 7, Plan 1161
School District #92 Lot 5 Block 7, Plan 1161
Arnold Angus6710066101Lot 7 Block 7, Plan 1161
New Hall Complex Lot 1 Block 8, Plan 1161
New Hall Complex Lot 2 Block 8, Plan 1161
G.V.G. Lot 3 Block 8, Plan 1161
Rita Barton/Doolan6710069001Lot 2 Block 9, Plan 1161
Ramona Smythe Hotel Lot 4 Block 9, Plan 1161
Teddy Venn Sr.6710041501Lot 3 Block 10, Plan 1161
Gene Alexander6710049301Lot 3 Block 11, Plan 1161
Gerald Doolan6710038501Lot 6 Block 11, Plan 1161
G.V.G./Band Owned Lot 7 Block 11, Plan 1161
NVHB Health Centre Lot 1 Block 12, Plan 1161
Nurse's Residence Lot 1 Block 12, Plan 1161
G.V.G./Rental Lot 3 Block 13, Plan 1161
Education Department Lot 3 Block 13, Plan 1161
Gingolx Village Government Lot 4 Block 13, Plan 1161
Andrew Morrison6710025701Lot 6 Block 13, Plan 1161
SD 92/Teacherage Lot 7 Block 13, Plan 1161
School District #92 Lot 10 Block 13, Plan 1161
School District #92 Lot 11 Block 13, Plan 1161
School District #92 Lot 12 Block 13, Plan 1161
School District #92 Lot 13 Block 13, Plan 1161
Esther Aksidan6710000302Lot 14 Block 13, Plan 1161
Alvin Nelson6710036502Lot 15 Block 13, Plan 1161
Stuart Doolan6710031001Lot 3 Block 14, Plan 1161
Priscilla S/James Stevens6710089001/
6710008802
Lot 7 Block 14, Plan 1161
Steven Doolan Sr.6710025801Lot 9 Block 14, Plan 1161
G.V.G./Band Owned Lot 2 Block 15, Plan 1161
G.V.G./Band Owned Lot 3 Block 15, Plan 1161
Marietta Robinson6710024402Lot 5 Block 15, Plan 1161
G.V.G./Band Owned Lot 2 Block 16, Plan 1161
Roger Watts6710021301Lot 1 Block 17, Plan 1161
Alvin Smart6710062201Lot 2 Block 17, Plan 1161
G.V.G./Rental Lot 3 Block 17, Plan 1161
Chester Gurney6710027601Lot 4 Block 17, Plan 1161
New Church Army Lot 5 Block 17, Plan 1161
New Church Army Lot 6 Block 17, Plan 1161
Thomas Sheehan/CMHC Lot 7 Block 17, Plan 1161
R.C.M.P. Office Lot 8 Block 17, Plan 1161
Harry Moore Sr./CMHC6710027001Lot 9 Block 17, Plan 1161
Morrice Pond6710027001Lot 10 Block 17, Plan 1161
Mary Stanley6710069601Lot 11 Block 17, Plan 1161
Harold Barton Sr.6710015001Lot 12 Block 17, Plan 1161
Justina Barton/CMHC6710075001Lot 13 Block 17, Plan 1161
James Randy Stevens6710052201Lot 14 Block 17, Plan 1161
Kenny Moore6710098201Lot 15 Block 17, Plan 1161
Robin Stewart6710049701Lot 16 Block 17, Plan 1161
Vernon Stewart Sr.6710045801Lot 17 Block 17, Plan 1161
Peggy Venn/CMHC6710042501Lot 18 Block 17, Plan 1161
Raymond Stewart Sr.6710026601Lot 19 Block 17, Plan 1161
R. Bennett Clayton6710004101Lot 20 Block 17, Plan 1161
David Stewart Sr.6710078101Lot 21 Block 17, Plan 1161
Linda J. Venn6710051902Lot 22 Block 17, Plan 1161
G.V.G./Band Owned Lot 23 Block 17, Plan 1161
Albert Barton6710024001Lot 24 Block 17, Plan 1161
B.C. Tel Trailer Lot 25 Block 17, Plan 1161
Paul A. Stewart Sr.6710018901Lot 26 Block 17, Plan 1161
George Nelson Sr.6710022901Lot 27 Block 17, Plan 1161
Emily Louise Dangel6710078801Lot 28 Block 17, Plan 1161
Nora Doolan/CMHC6710078601Lot 29 Block 17, Plan 1161
Not Safe* Lot 30 Block 17, Plan 1161
Arthur J. Nelson6710023001Lot 31 Block 17, Plan 1161
Kazaan Smythe Sr.6710057401Lot 32 Block 17, Plan 1161
Reynold Venn6710064601Lot 33 Block 17, Plan 1161
G.V.G./Rental Lot 34 Block 17, Plan 1161
Yvonne Barton6710056101Lot 35 Block 17, Plan 1161
Troy Stewart6710101301Lot 36 Block 17, Plan 1161
Willard Lincoln Jr.6710091501Lot 37 Block 17, Plan 1161
G.V.G./Band Owned Lot 38 Block 17, Plan 1161
  Lot 39 Block 17, Plan 1161
G.V.G./Rental Lot 40 Block 17, Plan 1161
Macdonald C. Stanley6710099001Lot 41 Block 17, Plan 1161
William Smythe6710072701Lot 42 Block 17, Plan 1161
MacDonald Trimble6710030901Lot 43 Block 17, Plan 1161
Steven Doolan Jr.6710082501Lot 44 Block 17, Plan 1161
Peter Stevens Jr.6710057801Lot 45 Block 17, Plan 1161
Barry Smythe6710061101Lot 46 Block 17, Plan 1161
Neil Okabe6810017501Band owned trailer unit
Richard Lincoln/
D. Maitland
6710035901Band owned trailer unit
Raymond Stewart Jr.6710090501Band owned trailer unit
Myra Barton/Terrance6710119201Band owned trailer unit
Neal Barton/Shanna Nelson6710111301Band owned trailer unit
Zelda Komurcu6710121001Band owned trailer unit
Floyd/Michell Stevens6710109301Band owned trailer unit
Priscilla Gurney/
Shawn Barton
6710102601Band owned trailer unit
Jason Stewart/
Charlene Derrict
6710128401Band owned trailer unit
Claude Barton Sr.6710073801Band owned trailer unit
Darrel/Collette Angus6710098701Lot 1 Block 18, Plan 1161
  Lot 2 Block 18, Plan 1161
  Lot 3 Block 18, Plan 1161
Peter Stevens Sr.6710020501Lot 4 Block 18, Plan 1161
Randy/Julia Stevens6710052201Lot 5 Block 18, Plan 1161
Richard/Wilma Oshea6710029201Lot 6 Block 18, Plan 1161
  Lot 7 Block 18, Plan 1161
  Lot 8 Block 18, Plan 1161
  Lot 9 Block 18, Plan 1161
  Lot 10 Block 18, Plan 1161
  Lot 11 Block 18, Plan 1161
Russell/Margo Calder6710135401Lot 12 Block 18, Plan 1161
  Lot 13 Block 18, Plan 1161
Lisa/Perry Stevens6710071301Lots 14/15 Block 18(Unit1)
April Nelson6710109101Lots 14/15 Block 18(Unit 2)
Sally Stephens/Perry Terrel6710141301Lots 14/15 Block 18(Unit 3)
Calvin/Cindy Barton6710047001Lots 14/15 Block 18(Unit 4)
Marylee Stevens6710103301Lots 14/15 Block 18(Unit 5)
Raymond Moore6710047201Lots 14/15 Block 18(Unit 6)
Hope Grace Allen6710084901Lot 16 Block 18, Plan 1161
Susan Trimble6710030902Lot 17 Block 18, Plan 1161
Neal/Shanna Barton6710111301Lot 18 Block 18, Plan 1161
Alvin/Gwen Nelson6710036501Lot 19 Block 18, Plan 1161
  Lot 20 Block 18, Plan 1161
Evan Henry/Alaura Doolan6710049001Lot 21 Block 18, Plan 1161
Neil/Emily Smythe6710065701Lot 22 Block 18, Plan 1161
Fraser/Melanie Doolan6710102901Lot 23 Block 18, Plan 1161
  Lot 24 Block 18, Plan 1161
Claude/Tanya Barton6710073801Lot 25 Block 18, Plan 1161
Kirby/Colette Stephens6710102801Lot 26 Block 18, Plan 1161
Rudolph/Alberta Watts6710050501Lot 27 Block 18, Plan 1161
Village of Gitlakdamix
Roderick Robinson
Marjorie Robinson
6770011701
6770011702
321, CLSR Plan 73712
Reginald Percival
Mary Percival
6770042601
6770042602
320, CLSR Plan 73712
Brian Tait
Faith Tait
6770039901
6770047301
319, CLSR Plan 73712
Laura Welde6770077601318, CLSR Plan 73712
Eric Clayton
Eva Clayton
6770065301
6770044101
317, CLSR Plan 73712
Marjorie Bright677001402316, CLSR Plan 73712
Frank Tait
Gail Tait
6770055301
6770071201
315, CLSR Plan 73712
Lorene Plante6770074901314, CLSR Plan 73712
Veronica Eli6770056101313, CLSR Plan 73712
Frank Gosnell
Kate Gosnell
6770068501
6770072301
312, CLSR Plan 73712
Bertram Gonu
Leona Gonu
6770045401
6770061801
279, CLSR Plan 70837
Sybil Nisyok6770053602278, CLSR Plan 70837
Hubert Doolan
Evangeline Doolan
6770035401
6770035402
277, CLSR Plan 70837
Theodore Gosnell
Lisa Gosnell
6770058601
6770071301
276, CLSR Plan 70837
Bruce Adams
Esther Adams
6770042301
6770042302
275, CLSR Plan 70837
Donald Adams
Patricia Adams
6770014001
6770014002
274, CLSR Plan 70837
Georgina Harris6770080801273, CLSR Plan 70837
Floyd Davis
Anita Davis
6770035901
6770035902
272, CLSR Plan 70837
Vernon Eli
Sheila Eli
6770036301
6770036302
271, CLSR Plan 70837
James Adams6770000701270, CLSR Plan 70837
Russell Morven
Monica Morven
6770045501
6770059401
339, CLSR Plan 75000
William E. Tait6770010301338, CLSR Plan 75000
Violet Guno6770004002337, CLSR Plan 75000
Joseph Gosnell
Adele Gosnell
6770014801
6770014802
336, CLSR Plan 75000
Calvin Morven
Charlene Morven
6770037601
6770037602
335, CLSR Plan 75000
Allen Clayton
Myrtle Clayton
6770020501
6770020502
334, CLSR Plan 75000
Erma Gosnell6770110101333, CLSR Plan 75000
Bertie T. Adams
Elizabeth Adams
6770015901
6770015902
332, CLSR Plan 75000
Ida Peal6770007502330, CLSR Plan 75000
Dorothy Elliot6770062901329, CLSR Plan 75000
Carl Johnson
Greta Johnson
6770034401
6770057801
328, CLSR Plan 75000
Alver Tait
Lillian Tait
6770071801
6770021902
327, CLSR Plan 75000
George Jr. McMillan
Yvette McMillan
6770052601
6770099701
326, CLSR Plan 75000
Thomas Clayton
Donna Clayton
6770022801
6770022802
325, CLSR Plan 75000
Earl Munroe
Margo Munroe
6770040201
6770040202
324, CLSR Plan 75000
Melvin Robinson
Rosie Robinson
6770019601
6770019602
280, CLSR Plan 70837
Richard Azak
Angela Azak [Robinson]
6770055401
6770076501
281, CLSR Plan 70837
Josephine Casey6770087101282, CLSR Plan 70837
Louise Martian6770073001283, CLSR Plan 70837
Patrick McMillan
Phyllis McMillan
6770006901
6770006902
284, CLSR Plan 70837
Edgar Guno
Doreen Guno
6770044601
6770044602
291, CLSR 70837
Reuben Gonu
Charlotte Gonu
6770054101
6770063201
264, CLSR Plan 70011
William Clayton
Lynne Clayton
6770047901
6770047902
265, CLSR Plan 70011
Christopher Clayton
Sarah Clayton
6770002001
6770002002
266, CLSR Plan 70011
Shirley Morven6770106901267, CLSR Plan 70011
George Sr. McMillan
Verna McMillan
6770013301259, CLSR Plan 70011
Leonard Moore
Ferdillia Moore
6770049201
6770029202
260, CLSR Plan 70011
Annie Morven6770005602261, CLSR Plan 70011
Alvin Clayton6770053101262, CLSR Plan 70011
Edward McMillan
Teresa McMillan
6770029201
6770029202
255, CLSR Plan 70011
Wayne Nisyok
Gloria Nisyok
6770038401
6770038402
254, CLSR Plan 70011
Cuthbert Munroe
Edith Munroe
6770026401
6770026402
253, CLSR Plan 70011
Keith Tait
Marilyn Tait
6770032501
6770032502
237, CLSR Plan 69298
Currie Gosnell
Stacey Gosnell
6770044701
6770075401
236, CLSR Plan 69298
Oscar Mercer6770010201229, CLSR Plan 67309
Cecil Mercer6770021901235, CLSR Plan 69298
Gerald Nisyok
Teresa Louanne Johnson
6770041001
6770054001
234, CLSR Plan 69298
Claude Morven
Cora Morven
6770024301
6770024302
233, CLSR Plan 69298
Dan Gonu Jr.6770093001292, CLSR Plan 70837
Ruby Parenteau6770084601293, CLSR Plan 70837
Frank Adams6770033401294, CLSR Plan 70837
Elaine Barton6770056502230, CLSR Plan 67309
Rebecca Adelaide Tait6770064501221
Donald Haizimsque
Jean Haizimsque
6770023501
6770023502
298, CLSR Plan 70837
Gary Davis
Colleen Davis
6770029101
6770029102
299, CLSR Plan 70837
Isaac Guno
Trudy Guno
6770040601
6770040602
300, CLSR Plan 70837
Ben Sr. Gonu
Barb Gonu
6770023601
6770023602
301, CLSR Plan 70837
Ben Gosnell6770079101 
Felix Davis
Elizabeth Davis
6770002401
6770002402
 
Keith Woods677006090132, CLSR Plan 55248
Lily Johnson677010130133, CLSR Plan 55248
Cecil Morven
Josephine Morven
6770006101
6770006102
34, CLSR Plan 55248
Alfred Jr. Johnson
Donna Johnson
6770061101
6770059801
35, CLSR Plan 55248
Floyd Percival
Mildred Percival
6770038501
6770038502
36, CLSR Plan 55248
Reynold Davis677000280137, CLSR Plan 55248
Valerie Davis677008420138, CLSR Plan 55248
Clifford Jr. Percival
Christina Percival
6770091901
6770082401
39, CLSR Plan 55248
Sharlene Lacroix6770097501171, CLSR Plan 63206
Emily Mercer67700050021 - 1, CLSR Plan 70837
Dan Gonu Sr.67700195011 -2, CLSR Plan 70837
Peter Clayton
Roberta Clayton
6770011901
6770011902
311, CLSR Plan 70837
Howard Grandison
Mary Grandison
6770048101
6770048102
3, CLSR Plan 55248
Lonny Stewart
Maryann Adams
6770064701
6770089601
4, CLSR Plan 55248
Sarah Haizimsque67700045025, CLSR Plan 55248
Pauline Johnson67700280016, CLSR Plan 55248
Sidney Eli
Rena Eli
6770003201
6770003202
11, CLSR Plan 55248
Ron & Lorna Davis6770026701 & 677002670212, CLSR Plan 55248
Chester Haizimsque
Elizabeth Haizimsque
6770020201
6770020202
13, CLSR Plan 55248
Edith Guno677000370210, CLSR Plan 55248
Emily Guno67700041029, CLSR Plan 55248
Joseph Grandiosn
Pauline Grandison
6770003401
6770003402
8, CLSR Plan 55248
Freda Morven67700058027, CLSR Plan 55248
Roy Adams
Selina Adams
6770011001
6770011002
18, CLSR Plan 55248
Phillip Azak
Cecilia Azak
6770034601
6770034602
17, CLSR Plan 55248
Gustave Raymond Guno677002330115, CLSR Plan 55248
Hubert McMillan677000680123, CLSR Plan 55248
Samuel Nisyok
Florence Nisyok
6770021001
6770021002
20, CLSR Plan 55248
Samuel McMillan
Sarah McMillan
6770012101
6770012102
19 -7, CLSR Plan 68282
Mary McMillan677000700227, CLSR Plan 55248
B. Daniel Nisyok677001050126, CLSR Plan 55248
Oliver Woods677000940125, CLSR Plan 55248
Gordon McKay6770022201204, CLSR Plan 63206
Leanne Wright6770088601203, CLSR Plan 63206
Wilfred Adams
Amelia Adams
6770013701
6770013702
170, CLSR Plan 63206
Sidney Clayton6770055201169, CLSR Plan 63206
Irvine Tait
Vivian Tait
6770038701
6770038702
310, CLSR Plan 70837
Ivan Gonu
Wanda Gonu
6770027501
6770027502
306, CLSR Plan 70837
Russell Gonu
June Gonu
6770030601
6770030602
225, CLSR Plan 67309
Ronald Peal6770025301226, CLSR Plan 67309
Keith Clayton
Jean Clayton
6770040101
6770040102
228, CLSR Plan 67309
James Douglas Clayton
Cecelia Edna Clayton
6770015201
6770015202
172, CLSR Plan 63206
Stephen Derrick
Mavis Derrick
6770024501
6770024502
173, CLSR Plan 63206
Jacob Davis
Phoebe Davis
6770002702
6770002702
174, CLSR Plan 63206
Harold Wright6770044301176, CLSR Plan 63206
Elizabeth Wright6770044302 
Perry Clayton
Kathleen Clayton
6770028801
6770028802
177, CLSR Plan 63206
Pauline Robinson6770007802178, CLSR Plan 63206
James Wright6770086301179, CLSR Plan 63206
Ivy Woods6770009002180, CLSR Plan 63206
Moses Johnson
Fran Johnson
6770040701
6770040702
243, CLSR Plan 69298
Steven Eli
Denise Eli
6770051201
6770051202
242, CLSR Plan 69298
Gerald Clayton
Roberta Clayton
6770064301
6770064302
241, CLSR Plan 69298
Matthew Steven Clayton6770035301240, CLSR Plan 69298
Arthur Johnson
Hope Johnson
6770025001
6770025002
239, CLSR Plan 69298
Robert Blackwater
Bessie Blackwater
6770055101
6770055102
238, CLSR Plan 69298
Gary Tait
Marlene Tait
6770029601
6770029602
251, CLSR Plan 69298
Daphne Robinson6770060101250, CLSR Plan 69298
Victor Robinson
Hilda Robinson
6770038601
6770038602
249, CLSR Plan 69298
Trevor Stewart
Yvonne Stewart
6770061001
6770061002
248, CLSR Plan 69298
Annette Peal
(George Peal Jr.)
6770106301245, CLSR Plan 69298
Edna Tait6770044901244, CLSR Plan 69298
Herbert Morven
Nita Morven
6770021201
6770021202
142, CLSR Plan 63206
Samuel Munroe
Kathy Munroe
6770020901
6770020902
141, CLSR Plan 63206
Christine Gosnell6770013502140, CLSR Plan 63206
Henry Wright6770020801139, CLSR Plan 63206
Max Wright
Elizabeth Wright
6770015801
6770015802
138, CLSR Plan 63206
Myrna Wright6770108901137, CLSR Plan 63206
Ethel Munroe6770006401130, CLSR Plan 63206
George Gosnell6770076901128, CLSR Plan 63206
Edmond Wright
Millicent Wright
6770024601
6770024602
129, CLSR Plan 63206
Jackie Adams6770073501136, CLSR Plan 63206
Kelly McMillan
Melinda McMillan
6770018201
6770018202
131, CLSR Plan 63206
Margaret Woods6770061701132, CLSR Plan 63206
Percy Tait
Doris Tait
6770008701
6770008702
133, CLSR Plan 63206
Clifford Sr. Percival
Lilac Percival
6770022401
6770022402
134, CLSR Plan 63206
Fred Grandison
Sharlene Grandison
6770051301
6770051302
135, CLSR Plan 63206
Phillip Azak
Cecilia Azak
6770034601
6770034602
342, (Item 1996 10 148)
Glen Nisyok
Andrea Nisyok
6770051901
6770051902
343, (Item 1996 10 148)
Band House 344, (Item 1996 10 148)
Tania Percival6770099901345, (Item 1996 10 148)
Ralph Robinson677346, (Item 1996 10 148)
Kimberly Munroe
[Thompson]
6770087301347, (Item 1996 10 148)
Debra Stewart (Clayton)6770099801348, (Item 1996 10 148)
Gerald Robinson
Dena Robinson
6770041201
6770041202
350, (Item 1996 10 148)
Terrance Morven
Sharlene Morven
6770032001
6770032002
349, (Item 1996 10 148)
Lauren Peter Adams
Sheila McKay
6770072001
6770071901
351, (Item 1996 10 148)
Fred Clayton
Georgia Clayton
6770063101
6770063102
352, (Item 1996 10 148)
Samuel McMillan
Sarah McMillan
6770012101
6770012102
353, (Item 1996 10 148)
Robert Eli
Claudine Eli
6770088301
6770107001
354, (Item 1996 10 148)
Bernice Grandison6770064201355, (Item 1996 10 148)
Godfrey Adams
Mildred Adams
6770000501
6770000502
356, (Item 1996 10 148)
Hugh Woods
Geraldine Woods
6770039501
6770039502
357, (Item 1996 10 148)
James Nicholas Tait
Linda Morven
6770051401
6770058001
359, (Item 1996 10 148)
Bert Mercer6770052401363, (No CLSR plan)
Simon Guno
Patricia Guno
6770069701
6770106601
364, (No CLSR plan)
Lyle E. Adams6770081601365, (No CLSR plan)
Daniel Gonu
Lisa Gonu
6770093001
6770083201
366, (No CLSR plan)
Patrick Clayton
Sharlene Lacroix
6770063701
6770097501
367, (No CLSR plan)
Joyce Bright677368, (No CLSR plan)
Walter Nisyok
Renee Nisyok
6770082501
6770109001
375, (No CLSR plan)
Marianne Mitchell6770080001376, (No CLSR plan)
Frank Clayton6770026501377, (No CLSR plan)
Brad Percival
Angela Percival
6770060301
677
378, (No CLSR plan)
Charlene Ousey677379, (No CLSR plan)
Vincent Johnson
Cheryl Johnson
6770037201
6770037202
380, (No CLSR plan)
Frances Morven6770017001382, (No CLSR plan)
Charles Morven6770026301383, (No CLSR plan)
Alfred Sr. Johnson
Dorothy Johnson
6770014701
6770014702
386, (No CLSR plan)
Winnie Morven6770041401391, (No CLSR plan)
Dan Gonu6770019501392, (No CLSR plan)
Loretta Pelletier6770081001 
Village of Laxgalts'ap
Kenny L. Robinson6780042701Lot 1 Block 1
John D. Robinson6780015701Lot 2 Block 1
Roy L. McKay6780028501Lot 3 Block 1
Stephen A. Moore6780032301Lot 4 Block 1
Mary A Moore6780018102Lot 5 Block 1
Leon P. Stephens6780090201Lot 6 Block 1
Matt Wright6780118701Lot 7 Block 1
Gus Sampare6780023101Lot 8 Block 1
Lorne Campbell6780023301Lot 9 Block 1
LVG Triplex Lot 1 Block 2
Fred Stephens6780023001Lot 2 Block 2
Charlie W. Stephens6780033301Lot 3 Block 2
Alvin A. McKay6780011901Lot 4 Block 2
Rhonda V. Leeson6780027502Lot 5 Block 2
Charles I. Leeson6780048901Lot 6 Block 2
Philip J. Stephens6780033401Lot 7 Block 2
Melvin C. Stevens6780036001Lot 8 Block 2
Bruce K. Stephens6780033201Lot 9 Block 2
Horace E. Stevens6780085601Lot 10 Block 2
Vacant Lot 11 Block 2
Sylvia J. Stephens6780108201Lot 1 Block 4
Vacant Lot 2 Block 4
Lorne T. McKay6780032501Lot 3 Block 4
Irene P. McKay6780014502Lot 4 Block 4
Alexander E. Stephens6780009001Lot 5 Block 4
Wallace Clark6780036801Lot 6 Block 4
Flora J. Bright6780031101Lot 7 Block 4
Milton E. Clark6780002201Lot 8 Block 4
Bradley W. Moore6780045001Lot 9 Block 4
Lorne A. Ryan6780089801Lot 10 Block 4
Mayne K. Stephens6780047201Lot 11 Block 4
Clarence B. Stephens6780015101Lot 12 Block 4
Henry M. Moore6780024601Lot 13 Block 4
Barry F. Stevens6780033601Lot 14 Block 4
John W. Tait6780045901Lot 15 Block 4
Lawrence R. Stephens6780044101Lot 16 Block 4
Earl D. Stephens6780040901Lot 17 Block 4
Rosalee J. Vickers6780049302Lot 18 Block 4
Fred V. Moore6780030401Lot 1 Block 5
LVG Duplex Lot 2 Block 5
Elsie G. Martin6780067701Lot 3 Block 5
Irene Robertson6780091501Lot 4 Block 5
Moses G. McKay6780021301Lot 5 Block 5
Jacob V. McKay6780016801Lot 6 Block 5
Joseph Tait6780015001Lot 7 Block 5
Dianna A. Rai6780094701Lot 8 Block 5
Ivan J. Moore6780014301Lot 9 Block 5
Raymond I. Calder6780009801Lot 1 Block 6
Gary B. Stephens6780023901Lot 2 Block 6
LVG Rental Lot 3 Block 6
Donald V. Leeson6780034501Lot 4 Block 6
Alan M. McKay6780032401Lot 5 Block 6
LVG Rental Lot 6 Block 6
Vacant Lot 7 Block 6
Easement Lot 8 Block 6
Delmer F. Clark6780054101Lot 9 Block 6
LVG Duplex Lot 10 Block 6
LVG Rental Unit Lot 11 Block 6
Percy M. Stephens6780030901Lot 12 Block 6
Vacant Lot 13 Block 6
Terry Stevens6780009901Lot 14 Block 6
Laxgalts'ap Elementary School Lot 1 Block 7
Vacant Lot 2 Block 7
Arnold J. Stewart6780055801Lot 3 Block 7
Rodney I. Davis6780051701Lot 4 Block 7
Lyle M. Stevens6780040601Lot 5 Block 7
Morris R. Watts6780033901Lot 6 Block 7
Vacant Lot 7 Block 7
BC Tel Trailer Lot 8 Block 7
Rennie M. Tait6780042501Lot 9 Block 7
Marcus N. Bright6780022901Lot 10 Block 7
Perry H. Robinson6780088401Lot 11 Block 7
Larry H. Martin6780024901Lot 12 Block 7
Erwin L. Alexander6780087501Lot 13 Block 7
Louis B. McKay6780038901Lot 14 Block 7
Colin A. Moore6780042401Lot 15 Block 7
Leonard F.J. Robinson6780014201Lot 16 Block 7
Nurse's Trailer Lot 17 Block 7
Thomas T. Tait6780056301Lot 18 Block 7
Vacant Lot 19 Block 7
Norman A. Stephens6780035901Lot 20 Block 7
Reginald E. Sampare6780094501Lot 21 Block 7
Alan F. Moore6780020301Lot 22 Block 7
Christine McKay6780006502Lot 23 Block 7
Clarence C. Robinson6780020201Lot 24 Block 7
Frederick W. Tait6780040301Lot 1 Block 8
Alfred A. Robinson6780007101Lot 2 Block 8
Duane S. McKay6780066701Lot 3 Block 8
Arthur G. Moore6780011601Lot 4/12 Block 8
Herbert Calder6780001801Lot 5/11 Block 8
James McNeil6780035101Lot 6/10 Block 8
Wilfred Tait6780011701Lot 7 Block 8
Alex A. Angus6780015601Lot 8 Block 8
Charlie J. Swanson6780012801Lot 9 Block 8
St. Andrew's Church Lot 1 Block 9
Charles J. Moore6780025501Lot 2 Block 9
Katherine Stephens6780008802Lot 3 Block 9
Marina J. McKay6780025802Lot 4 Block 9
Glen C. Robinson6780025001Lot 5 Block 9
Bertram McKay6780005301Lot 6 Block 9
Horace M. Stephens6780038201Lot 7 Block 9
William A. Moore6789925201Lot 8 Block 9
Charles E. Davis6780036301Lot 9 Block 9
Irma Innes6780048202Lot 10 Block 9
Kenneth R. Davis6780039701Lot 11 Block 9
Vacant Lot 12 Block 9
Charlie S. Watts6780033801Lot 13 Block 9
Village of Laxgalts'ap - North Road Cresent Subdivision
Victoria B. Stevens6780060401Lot 1
Brenda A. Morrison6780079301Lot 2
Matthew H. Moore6780035401Lot 3
Reynard H. Moore6780022601Lot 4
Hector Gurney6780015801Lot 5
Kevin H. McKay6780039401Lot 6
Noreen K. Cross6780040201Lot 7
Abraham Davis6780002501Lot 8
Albert L. Stephens6780008401Lot 9
Nurse's Residence Lot 10
Roderick Maxwell6780011001Lot 11
Matthew C. Bright6780022601Lot 12
Craig G. McKay6780051601Lot 13
Mario O. Stevens6780054401Lot 14
Marvin C. Stephens6780039601Lot 15
Village of Laxgalts'ap - Cottonwood Court Subdivision
Marie A. Watts6780094201Lot 16
Willard A. Martin6780017301Lot 17
Karon L. McKay6780031201Lot 18
Peter Leeson6780041901Lot 19
Harry M. Stephens6780050101Lot 20
Currie W. Gurney6780037901Lot 21
James W.R. Lincoln6780091301Lot 22
Oscar H. Clayton6780088601Lot 23
Village of Laxgalts'ap - Highway Drive Subdivision
Lois G.D. McKay6780041501Lot 24
Cheryl J. Sampare6780062701Lot 25
Village of Laxgalts'ap - Spruce Drive Subdivision
LVG Daycare Lot 26
Tony C. Stevens6780054701Lot 27
Ira A. McKay6780051101Lot 28
Barbara L. Davis6780034102Lot 29
Brenda E. Stevens6780037102Lot 30
Viola C. Robinson6780031301Lot 31
Martin J. Robinson6780066901Lot 32
Albert M. Stephens6780066901Lot 33
Sherry E. Small6780046201Lot 34
Vernon Gurney6780053101Lot 35
Vincent Robinson6780065501Lot 36
Andrew S. McKay6780057901Lot 37
Darren C. McNeil6780073101Lot 38
Delores M. McKay6780099201Lot 39
Charlotte P. Haizimsque6780094401Lot 40
Village of Laxgalts'ap - Willow Place Subdivision
Magnus C. Stevens6780027301Lot 41
Hester R. McKay6780016102Lot 42
Barbara M. Edgar6780093701Lot 43
Annette B. Clayton6780096601Lot 44
Alfred S. Stewart6780059001Lot 45
Village of Laxgalts'ap - Spruce Drive Subdivision
Christine E. Collison6780045601Lot 46
Valerie J. Evans6780051401Lot 47
Hubert W. Haldane6780023201Lot 48
Village of Laxgalts'ap - Multi-family rental units
Perry T. Robinson6780118501402 A
Reynold R. Maxwell6780039301402 B
Keith J. Gurney6780098901402 C
Dawna L. Watts6780092701403 A
Rodney I. Davis6780051701403 B
Louisa A. Gray6780025701403 C
Mary A. Moore6780018102404 A
Ella P. Stevens6780088201404 B
Robert S. Tait6780047901405 A
Mark A. Davis6780031901405 B
Kirk A. Ritchie6780102801405 C
Timothy Derrick6780003201406 A
Charlotte Angus6780114101406 B
Cora E. Aksidan6780000102406 C
Tenants of LVG Rental and Multi-Family Units are subject to change as permanent housing is obtained.

Appendix C - 7
ANGLING GUIDE LICENCES, TRAPLINE LICENCES
AND GUIDE OUTFITTER LICENCE WHOLLY OR
PARTIALLY ON NISGA'A LANDS

WatersLicence No.
Dragon Lake203793
203794
202438
Ginlulak Creek203796
203815
Iknouk River203811
Ishkheenickh River206180
203811
203791
203793
203751
203800
202468
203772
203796
203753
202494
202438
Kincolith River206180
203811
203791
Nass River203758
206180
202471
203791
203783
203803
202426
202427
203800
203752
203756
202428
202446
203805
202494
Tchitin River203815
Tseax River202471
203791
203793
203783
203751
202426
202427
203752
203756
203796
202428
202461
203807
202438
203815
Zolzap Creek203815
Traplines
Guide Outfitter Licence
614T 007614T 065614T 104
614T 008614T 066615T 023
614T 011614T 067615T 024
614T 012614T 068615T 025
614T 013614T 069615T 027
614T 014614T 070615T 044
614T 015614T 071616T 001
614T 060614T 072616T 002
614T 061614T 073616T 003
614T 062614T 074616T 004
614T 063614T 075616T 005
614T 064614T 076616T 015
 614T 077 
610G 001  
Guide Outfitter Licence
610G 001  

Contents | Sections 1-70 | Schedule - Table of Contents | Preamble | Chapter 1 | Chapter 2 | Chapter 3 | Chapter 4 | Chapter 5 | Chapter 6 | Chapter 7 | Chapter 8 | Chapter 9 | Chapter 10 | Chapter 11 | Chapter 12 | Chapter 13 | Chapter 14 | Chapter 15 | Chapter 16 | Chapter 17 | Chapter 18 | Chapter 19 | Chapter 20 | Chapter 21 | Chapter 22 | Schedule - Map of Nisga'a Lands | Appendix - Contents | Appendix - Introduction | Appendix A | Appendix B | Appendix C | Appendix D | Appendix E | Appendix F | Appendix G | Appendix H | Appendix I | Appendix J | Appendix K | Appendix L | Appendix M