Common use of Environmental Review Process Clause in Contracts

Environmental Review Process. 8.2.1 As a “designated project”, as defined in the IAA, has its own process under the auspices of a different federal authority than the Minister, sections 8.2.2 - 8.2.7, and 8.3 do not apply to a designated project, and any similar concept in any amended, succeeding, or replacement Law. 8.2.2 Sections 8.2.3 - 8.2.7 only apply to the Decision Maker’s environmental review process with respect to a Project and do not limit the processes or powers of any other federal authority with assessment responsibilities for such Project. 8.2.3 If the Lessee considers that a proposed Project is an Exempt Project, then it will provide the Decision Maker and the Locatee sufficient information about the proposed Project for the Decision Maker to determine if the Project is an Exempt Project. If the Decision Maker determines that the proposed Project is an Exempt Project, then further review of such Project is not required and sections 8.2.4 - 8.2.7, and 8.3 do not apply to such Project. 8.2.4 The Lessee will provide the Decision Maker and the Locatee all information about a proposed Project reasonably required by the Decision Maker, including: 8.2.4.1 an environmental site assessment of the environmental condition of the Premises affected by such Project, stating that it may be relied upon by all Parties; 8.2.4.2 a Development Plan consistent with the Project; and 8.2.4.3 an environmental review report of such Project, to enable the Decision Maker to determine the environmental effects of such Project: 8.2.4.4 as the Decision Maker may by Law be required to make; or 8.2.4.5 in the reasonable discretion of the Decision Maker, if the First Nation takes over the position of the Lessor under this Lease by operation of law and no Law requires a determination. 8.2.5 If the Decision Maker is not reasonably satisfied with any information provided under section 8.2.4, then the Decision Maker will notify the Lessee of each inadequacy and provide a copy of such notification to the Locatee. The Lessee will ensure that the inadequacies are addressed to the reasonable satisfaction of the Decision Maker, which revised information the Lessee will provide to the Decision Maker and the Locatee. 8.2.6 If the Decision Maker determines that the Project may proceed, then the Lessee will: 8.2.6.1 ensure that implementation of the Project, including site preparation, construction, operation, and decommissioning, complies with all terms and conditions, including all mitigation measures, timelines, and monitoring, required by the Decision Maker’s determination; and 8.2.6.2 provide the Decision Maker and the Locatee with evidence, to the reasonable satisfaction of the Decision Maker, of compliance with such terms, conditions, mitigation measures, timelines, and monitoring. 8.2.7 If the Decision Maker determines that the Project may not proceed, then: 8.2.7.1 the Decision Maker will provide reasons for such determination to the Lessee, and will provide a copy of such reasons to the Locatee; and 8.2.7.2 subject to such appeals as may be permitted by law, the Lessee releases the Lessor, the Decision Maker, the First Nation, the Council, the Locatee, and their respective officials, servants, employees, agents, contractors, subcontractors, and other legal representatives for the Lessee’s inability to use the Premises as anticipated.

Environmental Review Process. 8.2.1 8.3.1 As a “designated project”, as defined in the IAA, has its own process under the auspices of a different federal authority than the Minister, sections 8.2.2 8.3.2 - 8.2.78.3.7, 8.4, and 8.3 8.5 do not apply to a designated project, and any similar concept in any amended, succeeding, or replacement Law. 8.2.2 8.3.2 Sections 8.2.3 8.3.3 - 8.2.7 8.3.7 only apply to the Decision Maker’s environmental review process with respect to a Project and do not limit the processes or powers of any other federal authority with assessment responsibilities for such Project. 8.2.3 8.3.3 If the Lessee considers that a proposed Project is an Exempt Project, then it will provide the Decision Maker and (and, if the Locatee Minister is the Decision Maker, then also the First Nation) sufficient information about the proposed Project for the Decision Maker to determine if the Project is an Exempt Project. If the Decision Maker determines that the proposed Project is an Exempt Project, then further review of such Project is not required and sections 8.2.4 8.3.4 - 8.2.78.3.7, 8.4, and 8.3 8.5 do not apply to such Project. 8.2.4 8.3.4 The Lessee will provide the Decision Maker and (and, if the Locatee Minister is the Decision Maker, then also the First Nation) all information about a proposed Project reasonably required by the Decision Maker, including: 8.2.4.1 8.3.4.1 an environmental site assessment of the environmental condition of the Premises affected by such Project, stating that it may be relied upon by all Parties; 8.2.4.2 8.3.4.2 a Development Plan consistent with the Project; and 8.2.4.3 8.3.4.3 an environmental review report of such Project, to enable the Decision Maker to determine the environmental effects of such Project: 8.2.4.4 8.3.4.4 as the Decision Maker may by Law be required to make; or 8.2.4.5 8.3.4.5 in the reasonable discretion of the Decision Maker, if the First Nation takes over the position of the Lessor under this Lease by operation of law and no Law requires a determination. 8.2.5 8.3.5 If the Decision Maker is not reasonably satisfied with any information provided under section 8.2.48.3.4, then the Decision Maker will notify the Lessee of each inadequacy and (and, if the Minister is the Decision Maker, provide a copy of such notification to the LocateeFirst Nation). The Lessee will ensure that the inadequacies are addressed to the reasonable satisfaction of the Decision Maker, which revised information the Lessee will provide to the Decision Maker and (and, if the LocateeMinister is the Decision Maker, then also to the First Nation.) 8.2.6 8.3.6 If the Decision Maker determines that the Project may proceed, then the Lessee will: 8.2.6.1 8.3.6.1 ensure that implementation of the Project, including site preparation, construction, operation, and decommissioning, complies with all terms and conditions, including all mitigation measures, timelines, and monitoring, required by the Decision Maker’s determination; and 8.2.6.2 8.3.6.2 provide the Decision Maker and (and, if the Locatee Minister is the Decision Maker, then also the First Nation) with evidence, to the reasonable satisfaction of the Decision Maker, of compliance with such terms, conditions, mitigation measures, timelines, and monitoring. 8.2.7 8.3.7 If the Decision Maker determines that the Project may not proceed, then: 8.2.7.1 8.3.7.1 the Decision Maker will provide reasons for such determination to the LesseeLessee (and, and will if the Minister is the Decision Maker, provide a copy of such reasons to the LocateeFirst Nation); and 8.2.7.2 8.3.7.2 subject to such appeals as may be permitted by law, the Lessee releases the Lessor, the Decision Maker, the First Nation, the Council, the Locatee, and their respective officials, servants, employees, agents, contractors, subcontractors, and other legal representatives for the Lessee’s inability to use the Premises as anticipated.

Environmental Review Process. 8.2.1 As a “designated project”, as defined in the IAA, has its own process under the auspices of a different federal authority than the Minister, sections 8.2.2 - 8.2.7, and 8.3 do not apply to a designated project, and any similar concept in any amended, succeeding, or replacement Law. 8.2.2 Sections 8.2.3 - 8.2.7 only apply to the Decision Maker’s environmental review process with respect to a Project and do not limit the processes or powers of any other federal authority with assessment responsibilities for such Project. 8.2.3 If the Lessee considers that a proposed Project is an Exempt Project, then it will provide the Decision Maker and (and, if the Locatee Minister is the Decision Maker, then also the First Nation) sufficient information about the proposed Project for the Decision Maker to determine if the Project is an Exempt Project. If the Decision Maker determines that the proposed Project is an Exempt Project, then further review of such Project is not required and sections 8.2.4 - 8.2.7, and 8.3 do not apply to such Project.Project.‌ 8.2.4 The Lessee will provide the Decision Maker and (and, if the Locatee Minister is the Decision Maker, then also the First Nation) all information about a proposed Project reasonably required by the Decision Maker, including: 8.2.4.1 an environmental site assessment of the environmental condition of the Premises affected by such Project, stating that it may be relied upon by all Parties; 8.2.4.2 a Development Plan consistent with the Project; and 8.2.4.3 an environmental review report of such Project, to enable the Decision Maker to determine the environmental effects of such Project: 8.2.4.4 as the Decision Maker may by Law be required to make; or 8.2.4.5 in the reasonable discretion of the Decision Maker, if the First Nation takes over the position of the Lessor under this Lease by operation of law and no Law requires a determination. 8.2.5 If the Decision Maker is not reasonably satisfied with any information provided under section 8.2.4, then the Decision Maker will notify the Lessee of each inadequacy and (and, if the Minister is the Decision Maker, provide a copy of such notification to the LocateeFirst Nation). The Lessee will ensure that the inadequacies are addressed to the reasonable satisfaction of the Decision Maker, which revised information the Lessee will provide to the Decision Maker and (and, if the LocateeMinister is the Decision Maker, then also to the First Nation.) 8.2.6 If the Decision Maker determines that the Project may proceed, then the Lessee will: 8.2.6.1 ensure that implementation of the Project, including site preparation, construction, operation, and decommissioning, complies with all terms and conditions, including all mitigation measures, timelines, and monitoring, required by the Decision Maker’s determination; and 8.2.6.2 provide the Decision Maker and (and, if the Locatee Minister is the Decision Maker, then also the First Nation) with evidence, to the reasonable satisfaction of the Decision Maker, of compliance with such terms, conditions, mitigation measures, timelines, and monitoring. 8.2.7 If the Decision Maker determines that the Project may not proceed, then: 8.2.7.1 the Decision Maker will provide reasons for such determination to the LesseeLessee (and, and will if the Minister is the Decision Maker, provide a copy of such reasons to the LocateeFirst Nation); and 8.2.7.2 subject to such appeals as may be permitted by law, the Lessee releases the Lessor, the Decision Maker, the First Nation, the Council, the Locatee, and their respective officials, servants, employees, agents, contractors, subcontractors, and other legal representatives for the Lessee’s inability to use the Premises as anticipated.

Environmental Review Process. 8.2.1 8.3.1 As a “designated project”, as defined in the IAA, has its own process under the auspices of a different federal authority than the Minister, sections 8.2.2 8.3.2 - 8.2.78.3.7, 8.4, and 8.3 8.5 do not apply to a designated project, and any similar concept in any amended, succeeding, or replacement Law. 8.2.2 8.3.2 Sections 8.2.3 8.3.3 - 8.2.7 8.3.7 only apply to the Decision Maker’s environmental review process with respect to a Project and do not limit the processes or powers of any other federal authority with assessment responsibilities for such Project. 8.2.3 8.3.3 If the Lessee considers that a proposed Project is an Exempt Project, then it will provide the Decision Maker and the Locatee sufficient information about the proposed Project for the Decision Maker to determine if the Project is an Exempt Project. If the Decision Maker determines that the proposed Project is an Exempt Project, then further review of such Project is not required and sections 8.2.4 8.3.4 - 8.2.78.3.7, 8.4, and 8.3 8.5 do not apply to such Project. 8.2.4 8.3.4 The Lessee will provide the Decision Maker and the Locatee all information about a proposed Project reasonably required by the Decision Maker, including: 8.2.4.1 8.3.4.1 an environmental site assessment of the environmental condition of the Premises affected by such Project, stating that it may be relied upon by all Parties; 8.2.4.2 8.3.4.2 a Development Plan consistent with the Project; and 8.2.4.3 8.3.4.3 an environmental review report of such Project, to enable the Decision Maker to determine the environmental effects of such Project: 8.2.4.4 8.3.4.4 as the Decision Maker may by Law be required to make; or 8.2.4.5 8.3.4.5 in the reasonable discretion of the Decision Maker, if the First Nation takes over the position of the Lessor under this Lease by operation of law and no Law requires a determination. 8.2.5 8.3.5 If the Decision Maker is not reasonably satisfied with any information provided under section 8.2.48.3.4, then the Decision Maker will notify the Lessee of each inadequacy and provide a copy of such notification to the Locatee. The Lessee will ensure that the inadequacies are addressed to the reasonable satisfaction of the Decision Maker, which revised information the Lessee will provide to the Decision Maker and the Locatee. 8.2.6 8.3.6 If the Decision Maker determines that the Project may proceed, then the Lessee will: 8.2.6.1 8.3.6.1 ensure that implementation of the Project, including site preparation, construction, operation, and decommissioning, complies with all terms and conditions, including all mitigation measures, timelines, and monitoring, required by the Decision Maker’s determination; and 8.2.6.2 8.3.6.2 provide the Decision Maker and the Locatee with evidence, to the reasonable satisfaction of the Decision Maker, of compliance with such terms, conditions, mitigation measures, timelines, and monitoring. 8.2.7 8.3.7 If the Decision Maker determines that the Project may not proceed, then: 8.2.7.1 8.3.7.1 the Decision Maker will provide reasons for such determination to the Lessee, Lessee and will provide a copy of such reasons to the Locatee; and 8.2.7.2 8.3.7.2 subject to such appeals as may be permitted by law, the Lessee releases the Lessor, the Decision Maker, the First Nation, the Council, the Locatee, and their respective officials, servants, employees, agents, contractors, subcontractors, and other legal representatives for the Lessee’s inability to use the Premises as anticipated.