Common use of Conditions Precedent (General) Clause in Contracts

Conditions Precedent (General). British Columbia’s obligation to transfer the (a) PRFN having delivered the documents and taken the actions under 5.1; (b) PRFN having executed the Impact and Benefits Agreement relating to the Site C Project and its Operation; (c) PRFN’s representations and warranties under this Agreement being and continuing to be true and correct; (d) PRFN having complied with all applicable terms and conditions under this Agreement, including taking reasonable, culturally appropriate measures to resolve any conflicts with First Nations which have or assert rights under s. 35 of the Constitution Act, 1982 in the territory in which the Lands are located; (e) British Columbia having, with respect to each parcel of Lands to be transferred: (i) completed, where applicable, consultations with First Nations, third parties who are entitled to the benefit of the Permitted Encumbrances, and local governments or governmental authorities and other stakeholders in order to determine the nature of their interest in the Lands and the impact, if any, of the transfer of Lands on such interests; (ii) determined, where applicable, that any overlapping claims by or conflicts with other First Nations which have or assert rights under s. 35 of the Constitution Act, 1982 in the territory in which the Lands are located have been resolved or otherwise addressed to the satisfaction of British Columbia; (iii) resolved any financial liability British Columbia may have, including third party claims for compensation; and (iv) obtained all required approvals, including Cabinet and Treasury Board approval; (f) there being sufficient monies available in an appropriation, as defined in the Financial Xxxxxxxxxxxxxx Xxx, X.X.X.X. 0000, c. 138, to enable British Columbia in any fiscal year, when any expenditure in respect of an obligation may be required, to make that expenditure; and (g) the Site C Project not being subject to delay, suspension or abandonment.

Conditions Precedent (General). British Columbia’s obligation to transfer thethe Lands and implement the Land Management Measures is subject to: (a) PRFN HRFN having delivered the documents and taken the actions under 5.1; (b) PRFN HRFN having executed the Impact and Benefits Agreement relating to the Site C Project and its Operation; (c) PRFN’s HRFN having executed the Contracting Agreement relating to the Site C Project and its Operation; (d) the representations and warranties of HRFN under this Agreement being and continuing to be true and correct; (de) PRFN HRFN having complied with all applicable terms and conditions under this Agreement, including taking reasonable, culturally appropriate measures to resolve any conflicts with First Nations which have or assert rights under s. 35 35(1) of the Constitution Act, 1982 in the territory in which the Lands and the Schedule C Lands are located; (ef) British Columbia having, with respect to each parcel of Lands to be transferredtransferred or Land Management Measure to be implemented: (i) completed, where applicable, consultations with First Nations, third parties who are entitled to the benefit of the Permitted Encumbrances, and local governments or governmental authorities and other stakeholders in order to determine the nature of their interest in the Lands and the impact, if any, of the transfer of Lands on such interests; (ii) determined, where applicable, that any overlapping claims by or conflicts with other First Nations which have or assert rights under s. 35 35(1) of the Constitution Act, 1982 in the territory in which the Lands and Schedule C Lands are located have been resolved or otherwise addressed to the satisfaction of British Columbia; (iii) resolved any financial liability British Columbia may have, including third party claims for compensation; and (iv) obtained all required approvals, including Cabinet and Treasury Board approval; (fg) there being sufficient monies available in an appropriation, as defined in the Financial Xxxxxxxxxxxxxx Xxx, X.X.X.X. 0000, c. 138, to enable British Columbia in any fiscal year, when any expenditure in respect of an obligation may be required, to make that expenditure; and (gh) the Site C Project not being subject to delay, suspension or abandonment.

Conditions Precedent (General). British Columbia’s obligation to transfer thethe Lands and implement the Land Management Measures is subject to:‌ (a) PRFN HRFN having delivered the documents and taken the actions under 5.1; (b) PRFN HRFN having executed the Impact and Benefits Agreement relating to the Site C Project and its Operation; (c) PRFN’s HRFN having executed the Contracting Agreement relating to the Site C Project and its Operation; (d) the representations and warranties of HRFN under this Agreement being and continuing to be true and correct; (de) PRFN HRFN having complied with all applicable terms and conditions under this Agreement, including taking reasonable, culturally appropriate measures to resolve any conflicts with First Nations which have or assert rights under s. 35 35(1) of the Constitution Act, 1982 in the territory in which the Lands and the Schedule C Lands are located; (ef) British Columbia having, with respect to each parcel of Lands to be transferredtransferred or Land Management Measure to be implemented: (i) completed, where applicable, consultations with First Nations, third parties who are entitled to the benefit of the Permitted Encumbrances, and local governments or governmental authorities and other stakeholders in order to determine the nature of their interest in the Lands and the impact, if any, of the transfer of Lands on such interests; (ii) determined, where applicable, that any overlapping claims by or conflicts with other First Nations which have or assert rights under s. 35 35(1) of the Constitution Act, 1982 in the territory in which the Lands and Schedule C Lands are located have been resolved or otherwise addressed to the satisfaction of British Columbia; (iii) resolved any financial liability British Columbia may have, including third party claims for compensation; and (iv) obtained all required approvals, including Cabinet and Treasury Board approval; (fg) there being sufficient monies available in an appropriation, as defined in the Financial Xxxxxxxxxxxxxx Xxx, X.X.X.X. 0000, c. 138, to enable British Columbia in any fiscal year, when any expenditure in respect of an obligation may be required, to make that expenditure; and (gh) the Site C Project not being subject to delay, suspension or abandonment.abandonment.‌