Exhibit 10.2
THIS AGREEMENT made on August 23, 2005
BETWEEN:
KEEWATIN WINDPOWER CORPORATION
of Suite, 000 Xxxx Xxxxxxxx Xxxxxx
Xxxxxxxxx, XX X0X 0X0
(hereinafter "Keewatin")
AND:
XXXXXX & XXXXXXXXX XXXXXXX
both of Xxx 000
Xxxxxx, XX X0X 0X0
(hereinafter "the Bothners")
--------------------------------------------------------------------------------
CONSENT TO ENTRY/RIGHT OF ACCESS
--------------------------------------------------------------------------------
WHEREAS:
A. The Bothners are the registered owners of the following lands:
SECTION 5-22-12 W3M (hereinafter the "said lands")
B. Keewatin wishes to erect a study tower on the said lands for the purposes
of determining the feasibility of constructing wind turbines on the said
lands.
C. The Bothners wish to consent to the entry and grant a right of access on
the said lands on the following terms and conditions.
NOW THEREFORE HAVING REGARD TO THE ABOVE FACTS, THE PARTIES DO HEREBY AGREE
AS FOLLOWS:
1. In consideration of the sum of ONE DOLLAR AND OTHER VALUABLE CONSIDERATION,
the Bothners hereby grant a right of entry with rights of ingress and
egress to Keewatin and/or its agents and assignees on the said lands for
the purpose of constructing and erecting a study tower. The location of the
said tower within the said lands will be in the discretion of Keewatin,
subject to consultation with Bothners.
2. The parties understand and agree that the Study Tower will be erected on or
before October 31, 2005 and that said Study Tower shall remain on the said
lands for a period not exceeding 14 months (hereinafter the "installation
period"). Any extensions to the installation period must be granted in
writing and signed by both parties.
3. Keewatin hereby agrees that any damages caused by the installation and or
removal of the study tower or any damage caused directly or indirectly by
the study tower during installation period shall be the sole responsibility
of Keewatin. Keewatin further agrees that upon removal of the study tower
they shall be responsible to restore the land as nearly as possible to its
original condition.
4. The parties agree that all legal fees and disbursements with respect to
this Agreement shall be paid by Keewatin.
5. The parties acknowledge that Nimegeers Xxxxxxx Law Firm is representing
both parties in this transaction. As a result, Nimegeers Xxxxxxx Law Firm
has a duty to disclose all relevant information to both parties and for
this purpose, both parties expressly waive solicitor/client privilege for
the purposes of this transaction. If a problem arises which cannot be
resolved, both parties understand that Nimegeers Xxxxxxx Law Firm will
withdraw and the parties will each have to seek independent legal advice.
6. This agreement will be binding on the Heirs, Executors, and Assigns of the
respective parties.
7. The laws in force and effect in the Province of Saskatchewan are the laws
which are to be applied when interpreting and giving effect to this
agreement.
8. Time shall be of the essence of this agreement.
In WITNESS WHERE KEEWATIN has caused its corporate seal to be hereunto
affixed, attested by the signature(s) if its proper officer(s) if its proper
officer(s) in that behalf on August 23, 2005.
KEEWATIN WINDPOWER CORP.
Per: /s/ Xxxxx Xxxxxxxx
----------------------------
In WITNESS WHEREOF, XXXXXXX'X hereto have hereunto set their hands this
23rd day of August, 2005.
/s/ Xxxxxx Xxxxxxx
--------------------------------
XXXXXX XXXXXXX
/s/ Xxxxxxxxx Xxxxxxx
--------------------------------
XXXXXXXXX XXXXXXX
