Common use of Other General Provisions Clause in Contracts

Other General Provisions. 2.5.1 This IIBA is a legally binding and enforceable agreement. 2.5.2 This IIBA is governed by the laws of Nunavut and Canada, as applicable. 2.5.3 This IIBA does not form part of the NLCA, and it is not a land claims agreement or treaty within the meaning of Section 35 of the Xxxxxxxxxxxx Xxx, 0000. 2.5.4 Nothing in this IIBA shall be construed so as to abrogate or derogate from any aboriginal or treaty rights of Inuit. 2.5.5 This IIBA and all terms herein shall be read so as to be consistent with the NLCA. In the event of any inconsistency or conflict between the IIBA and the NLCA, the NLCA shall prevail to the extent of the inconsistency or conflict. 2.5.6 Nothing included in or excluded from this IIBA is intended to be used as a guide to the interpretation of the NLCA. 2.5.7 This IIBA is not a bilateral agreement under section 5.7.18 of the NLCA, and it does not establish any limitation on Inuit access rights as set forth in the NLCA. 2.5.8 The exclusion from this IIBA of any matter listed in Schedule 8-3 of the NLCA shall not be construed as an acknowledgement that the matter is not appropriate for inclusion in this or any future IIBA. 2.5.9 The Articles, Schedules and Appendices constitute this IIBA and shall be read together and interpreted as one agreement. The Preamble, Principles and Objectives in this IIBA are intended to assist in the interpretation of the IIBA. 2.5.10 This IIBA constitutes the entire agreement among the Parties and there are no oral or written representations, warranties, collateral agreements or conditions affecting this IIBA except as expressed in it. 2.5.11 There shall be no presumption that doubtful expressions in this IIBA are to be interpreted in favour of Government or the Inuit Parties. 2.5.12 Nothing in this IIBA shall affect the rights or the ability of Inuit to participate in and benefit from programs for Nunavut residents, Inuit or aboriginal people. 2.5.13 No member of the House of Commons shall be admitted to any share or part of this IIBA by any benefit arising therefrom. 2.5.14 Time is of the essence in performing all provisions of this IIBA. 2.5.15 Use of the singular in this IIBA includes the plural. 2.5.16 When the Minister designates one or more persons to act in the place of the Minister or delegates a responsibility under this IIBA, CWS shall provide notice of the designation or delegation to the Inuit Parties, and the Minister shall remain responsible for the performance of all designated and delegated responsibilities. 2.5.17 When NTI designates one or more organizations to act in its place or delegates a responsibility under this IIBA, it shall provide notice of the designation or delegation to the Minister and the RIAs, and it shall remain responsible for the performance of all delegated responsibilities. 2.5.18 This IIBA enures to the benefit of and binds the Parties and their successors and assigns. 2.5.19 No Party may transfer any responsibility or obligation under this IIBA from a person or body identified in the IIBA as having that responsibility or obligation to another person or body, without notice to and the approval of the other Parties, such approval not to be unreasonably withheld. Once such approvals are given, the transferee is deemed to be a successor or assign of the Party for the purposes of the IIBA. 2.5.20 The failure of a Party to enforce a provision of this IIBA does not constitute a waiver of the provision or affect the Party’s right to enforce the provision at a later date. 2.5.21 If any provision of this IIBA is found by a court of competent jurisdiction to be invalid, that provision shall be deemed to be severed from the IIBA, the remainder of the IIBA shall continue in full force, and the Parties shall make best efforts to amend the IIBA to remedy the invalidity or replace the invalid provision. 2.5.22 The Minister shall consult the Inuit Parties when proposed changes to the CWA, MBCA or XXXX xxx affect NWAs or MBSs.

Other General Provisions. 2.5.1 This IIBA is a legally binding and enforceable agreement. 2.5.2 This IIBA is governed by the laws of Nunavut and Canada, as applicable. 2.5.3 This IIBA does not form part of the NLCA, and it is not a land claims agreement or treaty within the meaning of Section 35 of the Xxxxxxxxxxxx Xxx, 0000. 2.5.4 Nothing in this IIBA shall be construed so as to abrogate or derogate from any aboriginal or treaty rights of Inuit. 2.5.5 This IIBA and all terms herein shall be read so as to be consistent with the NLCA. In the event of any inconsistency or conflict between the IIBA and the NLCA, the NLCA shall prevail to the extent of the inconsistency or conflict. 2.5.6 Nothing included in or excluded from this IIBA is intended to be used as a guide to the interpretation of the NLCA. 2.5.7 This IIBA is not a bilateral agreement under section 5.7.18 of the NLCA, and it does not establish any limitation on Inuit access rights as set forth in the NLCA. 2.5.8 The exclusion from this IIBA of any matter listed in Schedule 8-3 of the NLCA shall not be construed as an acknowledgement that the matter is not appropriate for inclusion in this or any future IIBA. 2.5.9 The Articles, Schedules and Appendices Appendix constitute this IIBA and shall be read together and interpreted as one agreement. The Preamble, Principles and Objectives in this IIBA are intended to assist in the interpretation of the IIBA. 2.5.10 This IIBA constitutes the entire agreement among the Parties and there are no oral or written representations, warranties, collateral agreements or conditions affecting this IIBA except as expressed in it. 2.5.11 There shall be no presumption that doubtful expressions in this IIBA are to be interpreted in favour of Government of Canada or the Inuit Parties. 2.5.12 There shall be Inuit Language, English and French versions of this IIBA. The English version shall be the authoritative version. Subject to their mutual consent, the Parties may during the term of the IIBA designate the Inuit Language and/or French version(s) to be authoritative as well. 2.5.13 Nothing in this IIBA shall affect the rights or the ability of Inuit to participate in and benefit from programs for Nunavut residents, Inuit or aboriginal people. 2.5.13 2.5.14 No member of the House of Commons shall be admitted to any share or part of this IIBA by any benefit arising therefrom. 2.5.14 2.5.15 Time is of the essence in performing all provisions of this IIBA. 2.5.15 2.5.16 Use of the singular in this IIBA includes the plural. 2.5.16 2.5.17 When the Minister designates one or more persons to act in the place of the Minister or delegates a responsibility under this IIBA, CWS shall provide notice of the designation or delegation to the Inuit Parties, and the Minister shall remain responsible for the performance of all designated and delegated responsibilities. 2.5.17 2.5.18 When NTI designates one or more organizations to act in its place or delegates a responsibility under this IIBA, it shall provide notice of the designation or delegation to the Minister and the RIAs, and it shall remain responsible for the performance of all delegated responsibilities. 2.5.18 2.5.19 This IIBA enures to the benefit of and binds the Parties and their successors and assigns. 2.5.19 2.5.20 No Party may transfer any responsibility or obligation under this IIBA from a person or body identified in the IIBA as having that responsibility or obligation to another person or body, without notice to and the approval of the other Parties, such approval not to be unreasonably withheld. Once such approvals are given, the transferee is deemed to be a successor or assign of the Party for the purposes of the IIBA. 2.5.20 2.5.21 The failure of a Party to enforce a provision of this IIBA does not constitute a waiver of the provision or affect the Party’s right to enforce the provision at a later date. 2.5.21 2.5.22 If any provision of this IIBA is found by a court of competent jurisdiction to be invalid, that provision shall be deemed to be severed from the IIBA, the remainder of the IIBA shall continue in full force, and the Parties shall make best efforts to amend the IIBA to remedy the invalidity or replace the invalid provision. 2.5.22 2.5.23 The Minister shall consult the Inuit Parties when proposed changes to the CWA, MBCA or XXXX xxx affect NWAs or MBSs.

Other General Provisions. 2.5.1 2.6.1 Recognizing that Canada retains ultimate responsibility for national parks, this Agreement does not limit the Minister’s ability to exercise the authority granted to him or her by Parliament but the exercise of that authority in respect of the Park shall be in accordance with this Agreement. 2.6.2 This IIBA Agreement comes into force on the Effective Date. 2.6.3 This Agreement is a legally binding and enforceable agreement. 2.5.2 2.6.4 This IIBA is Agreement shall be construed and governed by in accordance with the laws of Nunavut Canada and Canada, as applicableNunavut. 2.5.3 2.6.5 This IIBA Agreement does not form part of the NLCA, and it is not a land claims agreement or treaty within the meaning of Section section 35 of the Xxxxxxxxxxxx Xxx, 0000. 2.5.4 2.6.6 Nothing in this IIBA Agreement shall be construed so as to abrogate or derogate from any aboriginal existing Aboriginal or treaty rights of Inuit. 2.5.5 2.6.7 This IIBA Agreement and all terms herein shall be read so as to be consistent with the NLCA. In the event of any inconsistency or conflict between the IIBA this Agreement and the NLCA, the NLCA shall prevail to the extent of the inconsistency or conflict. 2.5.6 2.6.8 Nothing included in or excluded from this IIBA Agreement is intended to be used as a guide to the interpretation of the NLCA. 2.5.7 2.6.9 This IIBA Agreement is not a bilateral agreement under section 5.7.18 of the NLCA, and it does not establish any limitation on Inuit access rights as set forth in the NLCA. 2.5.8 2.6.10 The exclusion from this IIBA Agreement of any matter listed in Schedule schedule 8-3 of the NLCA shall not be construed as an acknowledgement that the matter is not appropriate for inclusion in this or any future IIBAimpact and benefit agreement. 2.5.9 2.6.11 The Articlesarticles, Schedules schedules and Appendices appendices constitute this IIBA Agreement and shall be read together and interpreted as one agreement. The Preamblepreamble, Principles principles and Objectives objectives in this IIBA Agreement are intended to assist in the interpretation of the IIBAits interpretation. 2.5.10 2.6.12 This IIBA Agreement constitutes the entire agreement among the Parties and there are no oral or written representations, warranties, collateral agreements or conditions affecting this IIBA Agreement except as expressed in it. 2.5.11 2.6.13 There shall be no presumption that doubtful expressions in this IIBA Agreement are to be interpreted in favour of Government Canada or the Inuit PartiesInuit. 2.5.12 2.6.14 There shall be Inuktitut, English and French versions of this Agreement. The English version shall be the authoritative version. 2.6.15 Nothing in this IIBA Agreement shall affect the rights or the ability of Inuit to participate in and benefit from programs for Nunavut residents, Inuit or aboriginal peopleAboriginal peoples. 2.5.13 No member of the House of Commons shall be admitted to any share or part of this IIBA by any benefit arising therefrom. 2.5.14 2.6.16 Time is of the essence in performing the performance of all provisions of this IIBAAgreement. 2.5.15 2.6.17 Use of the singular in this IIBA Agreement includes the plural. 2.5.16 2.6.18 When the Minister in writing designates one or more persons to act in the place of the Minister or in writing delegates a responsibility under this IIBAAgreement, CWS Parks Canada shall provide to the QIA notice of the written designation or delegation to the Inuit Partieswritten delegation, and the Minister shall remain responsible accountable for the performance of all designated and delegated responsibilities. 2.5.17 2.6.19 When NTI QIA designates one or more organizations to act in its place or delegates a responsibility under this IIBAAgreement, it shall provide notice of the designation or delegation to the Minister and the RIAsParks Canada, and it shall remain responsible for the performance of all delegated responsibilitiesresponsibilities as the Designated Inuit Organization. 2.5.18 2.6.20 This IIBA Agreement enures to the benefit of and binds the Parties and their respective successors and assigns. 2.5.19 2.6.21 No Party may transfer any responsibility or obligation under this IIBA Agreement from a person or body identified in the IIBA this Agreement as having that responsibility or obligation to another person or body, without notice to and the approval of the other Parties, such approval not to be unreasonably withheld. Once such approvals are given, the transferee is deemed to be a successor or assign of the Party for the purposes of this Agreement. Despite the IIBAforegoing, any responsibility or obligation of the Minister or a Parks Canada employee under this Agreement may be transferred to another Minister or employee of Canada. QIA shall be given notice of such transfer. 2.5.20 2.6.22 The failure of a any Party to enforce a any provision of this IIBA does Agreement shall not constitute a waiver of the such provision or affect the Party’s right of that or another Party to enforce the such provision at a later date. 2.5.21 2.6.23 Neither of the Parties shall have a claim or cause of action based on a finding that any provision of this Agreement is invalid for any reason. If any provision of this IIBA Agreement is found declared by a court of competent jurisdiction to be invalid, that provision shall be deemed to be severed from the IIBAthis Agreement, and the remainder of the IIBA this Agreement shall continue in full forceforce and effect, and the Parties shall make best efforts to amend the IIBA this Agreement to remedy the invalidity or replace the invalid provision. 2.5.22 The Minister 2.6.24 Parks Canada shall consult the Inuit Parties QIA when proposed changes to the CWACNPA may affect the Park. 2.6.25 If an individual of a wildlife species in the Park is listed on the List, MBCA the Minister shall, in accordance with XXXX, cooperate with QIA and the QPMC in the preparation of any recovery strategy or XXXX xxx affect NWAs action or MBSsmanagement plans.