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Common use of CONTAMINATED SITES Clause in Contracts

CONTAMINATED SITES. 5.8.1 Where Government undertakes any program respecting the clean-up of Contaminated Sites on Crown Lands in the EMR, the program shall apply to such sites on Cree Lands that are listed in Schedule 5-5 of this chapter as if the Lands were Crown Lands. Government shall notify the GDO of any such program. 5.8.2 After the Effective Date of this Agreement, the Parties may agree that a site not listed in Schedule 5-5 was a Contaminated Site on the Effective Date of this Agreement and, upon consent of the Parties, the list in Schedule 5-5 shall be considered to have been amended to include that site. 5.8.3 Any dispute as to whether a Contaminated Site existed on the Effective Date of this Agreement may be referred by a Party for resolution in accordance with Chapter 31. If a dispute goes to Arbitration in accordance with Chapter 31 and if the Arbitrators confirm that a site existed on the Effective Date of this Agreement, the list in Schedule 5-5 shall be considered to have been amended to include that site. 5.8.4 Government shall be responsible for the costs associated with any clean-up under subsection 5.8.1 on Cree Lands. This provision shall not prevent Government from recovering from the Person responsible for the contamination any costs associated with the clean-up of Cree Lands under subsection 5.8.1. 5.8.5 There shall be no compensation payable for damage which may be caused to Cree Lands as a result of the clean-up of Cree Lands under subsection 5.8.1. 5.8.6 Government shall not be liable for any loss or damage to Crees, or a GDO from Contaminated Sites on Cree Lands whether or not they are known on the Effective Date of this Agreement. This provision does not affect any obligation of Government under subsections 5.8.1 and 5.8.4. 5.8.7 If Government completes the clean-up of Contaminated Sites on Bear Island or Grey Goose Island, the GDO may request that Canada designate such island or islands as Cree Lands, in exchange for a transfer by the GDO to Canada of Lands of equivalent size jointly selected by Canada and the GDO. The Lands so transferred by the GDO to Canada shall become Crown Lands. Canada shall give fair consideration to any such request by the GDO.

Appears in 2 contracts

Samples: Eeyou Marine Region Agreement, Eeyou Marine Region Agreement

CONTAMINATED SITES. 5.8.1 7.3.1 Where Canada or the Government of the Northwest Territories undertakes any program respecting the clean-up of Contaminated Sites contaminated sites on Crown Lands lands in the EMRSettlement Area, the program shall will, at the discretion of the Dehcho Government, apply to such sites on Cree Lands Dehcho Ndehe that are listed in Schedule 5-5 part 4 of the appendix to this chapter as if the Lands lands were Crown Lands. Government shall notify the GDO of any such programlands. 5.8.2 7.3.2 After the Effective Date of this AgreementDate, the Parties may agree that a site not listed in Schedule 5-5 was a Contaminated Site part 4 of the appendix to this chapter existed on the Effective Date of this Agreement and, upon consent of the Parties, the list in Schedule 5-5 shall that part of the appendix to this chapter will be considered to have been amended to include that site. 5.8.3 7.3.3 Any dispute as to whether a Contaminated Site contaminated site existed on the Effective Date of this Agreement may will be referred by a Party for resolution arbitration in accordance with Chapter 31the Dispute Resolution chapter by a Party. If a dispute goes to Arbitration an arbitrator in accordance with Chapter 31 chapter DR and if the Arbitrators confirm arbitrator confirms that a site existed on the Effective Date of this AgreementDate, the list in Schedule 5-5 shall part 4 of the appendix to this chapter will be considered to have been amended to include that site. 5.8.4 7.3.4 Canada or the Government shall of the Northwest Territories will be responsible for the costs associated with any clean-up under subsection 5.8.1 7.3.1 on Cree LandsDehcho Ndehe. This provision shall will not prevent Canada or the Government of the Northwest Territories from recovering from the Person responsible for the contamination any costs associated with the clean-up of Cree Lands under subsection 5.8.1from a Person who is liable for these costs. 5.8.5 There shall 7.3.5 The Dehcho Government will be no solely responsible for the Remediation of Contaminated Sites which become contaminated on Dehcho Ndehe following the Effective Date. This provision will not prevent the Dehcho Government from recovering any costs associated with the clean-up from a Person who is liable for these costs. 7.3.6 No compensation will be payable for damage which may be caused to Cree Lands Dehcho Ndehe as a result of the clean-up of Cree Lands Dehcho Ndehe under subsection 5.8.17.3.1. 5.8.6 7.3.7 Canada and the Government shall of the Northwest Territories will not be liable for any loss or damage to Creesa Dehcho Citizen, to the Dehcho First Nations or a GDO to the Dehcho Government from Contaminated Sites contaminated sites on Cree Lands Dehcho Ndehe whether or not they are known on the Effective Date of this AgreementDate. This provision does not affect any obligation of Government government under subsections 5.8.1 7.3.1 and 5.8.47.3.4. 5.8.7 If Government completes the clean-up of Contaminated Sites on Bear Island or Grey Goose Island, the GDO may request that Canada designate such island or islands as Cree Lands, in exchange for a transfer by the GDO to Canada of Lands of equivalent size jointly selected by Canada and the GDO. The Lands so transferred by the GDO to Canada shall become Crown Lands. Canada shall give fair consideration to any such request by the GDO.

Appears in 1 contract

Samples: Dehcho Agreement

CONTAMINATED SITES. 5.8.1 Where 5.5.1 The Dehcho Agreement will provide that where Canada or the Government of the Northwest Territories undertakes any program respecting the clean-up Remediation of Contaminated Sites on Crown Lands lands in the EMRDehcho Settlement Area, the program shall will apply to such sites Contaminated Sites on Cree Dehcho Community Lands that are listed in identified on Schedule 5-5 of this chapter as if “X” prior to the Lands were Crown Lands. Government shall notify Effective Date after discussion with the GDO of any such programaffected Dehcho Community Government. 5.8.2 5.5.2 After the Effective Date of this AgreementDate, the Parties may agree that a site not listed in Schedule 5-5 was a Contaminated Site on Dehcho Community Land not identified in Schedule “X” existed prior to the Effective Date of this Agreement and, upon consent of the Parties, the list in and that Schedule 5-5 shall “X” will be considered to have been deemed amended to include that site.Contaminated Site 5.8.3 Any 5.5.3 If the Parties do not reach an agreement within 90 days or as the Parties may agree, a Party will refer the dispute as to whether a for arbitration in accordance with the Dispute Resolution chapter. If an arbitrator confirms the Contaminated Site existed on prior to the Effective Date of this Agreement may Date, Schedule “X” will be referred by a Party for resolution in accordance with Chapter 31. If a dispute goes to Arbitration in accordance with Chapter 31 and if the Arbitrators confirm that a site existed on the Effective Date of this Agreement, the list in Schedule 5-5 shall be considered to have been deemed amended to include that sitethe Contaminated Site. 5.8.4 5.5.4 The standard for Remediation of Contaminated Sites under this section will be the standards set by Canada from time to time under its programs for Remediation of Contaminated Sites in the Northwest Territories. 5.5.5 Canada or the Government shall of the Northwest Territories will be responsible for the costs associated with any clean-up Remediation under subsection 5.8.1 5.5.1 on Cree Dehcho Community Lands. 5.5.6 A Dehcho Community Government will be solely responsible for the Remediation of Contaminated Sites on Dehcho Community lands which become contaminated following the Effective Date. This provision shall will not prevent a Dehcho Community Government from recovering from the Person responsible for the contamination any costs associated with the clean-up of Cree Lands under subsection 5.8.1remediation from a Person who is liable for these costs. 5.8.5 5.5.7 Canada or the Government of the Northwest Territories and the Dehcho Community Government may agree to add an excluded site to Dehcho Community Lands after the Remediation of contamination or termination of an existing right or interest at no cost to the Dehcho Community Government. 5.5.8 Canada or the Government of the Northwest Territories may access Dehcho Ndehe and Waters overlying Dehcho Ndehe to Remediate a Contaminated Site on or surrounded by Dehcho Community Lands. 5.5.9 Canada or the Government of the Northwest Territories may use such Specified Substances located on Dehcho Community Lands as required for the Remediation of a Contaminated Site on or surrounded by Dehcho Community Lands or a Contaminated Site on Dehcho Ndehe adjacent to a Community Boundary. 5.5.10 No rent, fee, charge or compensation will be payable to a Dehcho Community Government for access to Dehcho Community Lands or use of Specified Substances located on Dehcho Community lands where Canada or the Government of the Northwest Territories undertakes Remediation of a Contaminated Site. 5.5.11 There shall will be no compensation payable for necessary or incidental impact or damage which may be caused to Cree Dehcho Community Lands as a result of a Contaminated Site clean up conducted in accordance with the clean-up of Cree Lands under subsection 5.8.1program. 5.8.6 5.5.12 Canada, the Government shall of the Northwest Territories or the Dehcho Community Government is not prevented or limited from pursuing remedies that may exist at law against the Person liable for any damage caused by the Person’s negligence in the execution of the remediation. 5.5.13 Nothing in the Dehcho Agreement will prevent or limit Canada or the Government of the Northwest Territories from pursuing any remedies that may exist at Law against the Person liable for the contamination. 5.5.14 Canada or the Government of the Northwest Territories will not be liable for any loss or damage to Crees, a Dehcho Citizen or to a GDO Dehcho Community Government from a Contaminated Sites Site on Cree Dehcho Community Lands whether or not they are known on the Effective Date of this Agreement. This provision does not affect any obligation of Government under subsections 5.8.1 and 5.8.4Date. 5.8.7 If Government completes the clean-up of Contaminated Sites on Bear Island or Grey Goose Island, the GDO may request that Canada designate such island or islands as Cree Lands, in exchange for a transfer by the GDO to Canada of Lands of equivalent size jointly selected by Canada and the GDO. The Lands so transferred by the GDO to Canada shall become Crown Lands. Canada shall give fair consideration to any such request by the GDO.

Appears in 1 contract

Samples: Agreement in Principle