Common use of First Nations Clause in Contracts

First Nations. (a) Notwithstanding the definition of Force Majeure in section 1.1(mmm), and without limiting the application of the definition of Force Majeure to any circumstance that is not specifically described in this section 14.9(a), any order or decision of any court of competent jurisdiction or any regulatory authority, including the BCUC, that is binding on the Buyer and/or the Seller, the compliance with which would prevent the Buyer and/or the Seller from performing all or any of its obligations under this EPA, which is based in whole or in part on any failure or alleged failure of the Buyer to adequately consult with, and/or accommodate, any First Nations, in relation to this EPA, the Seller’s Plant or the Interconnection of the Seller’s Plant to the BC Hydro System (which, for greater certainty, does not include any failure to consult with, and/or accommodate any First Nations, with respect to activities occurring on the Buyer’s side of the POI or on the BC Hydro System), will be an event of Force Majeure that may be invoked by the Party or Parties so prevented, provided that the Party or Parties so prevented will use commercially reasonable efforts to remedy the situation and remove, so far as possible and with reasonable dispatch, the Force Majeure to the extent that it is within the control of that Party to do so, provided that in the case of the Buyer, this obligation is subject to the Seller complying with, or having complied with, its obligations under section 15.2. (b) A Party may not invoke Force Majeure as a result of such binding order or decision referenced at section 14.9(a) if such order or decision results from a wilful act or omission of a Party as contemplated in section 1.1(mmm)(v), provided that the failure or alleged failure of the Buyer to have adequately consulted with, and/or accommodated, any First Nations may only be considered a wilful act or omission where the underlying event or circumstance giving rise to the duty to consult or accommodate was or is fully within the control of the Buyer and provided further that, for greater certainty, any activities of the Seller will not be considered to be within the control of the Buyer regardless of any consent, waiver, declaration or approval under this EPA, including any further amendment of this EPA that the Buyer may provide in respect of the Seller’s activity. (c) The Seller may not invoke Force Majeure as a result of such binding order or decision referenced at section 14.9(a) if such order or decision results from a failure by the Seller to comply with its obligations under Article 15 of this EPA. (d) The Buyer may not invoke Force Majeure as a result of such order or decision referenced at section 14.9(a) if: (i) the Buyer has received notice in writing from the Seller that the Seller is attempting to resolve, cure, fulfill or remedy, as the case may be, at its own initiative and at its own expense, the issues, orders or obligations raised or required by the order or decision; (ii) the Buyer is not incurring additional expense, risk or liability as a result of the Seller taking the steps described in section 14.9(a) and the Buyer has received written confirmation from the Seller that the Buyer will not be subject to any liability to the Seller for breach of this EPA as a result of the Buyer’s compliance with that portion of the order or decision that prohibits the Buyer from performing its obligations under this EPA while at the same time not being able to invoke Force Majeure as a result of this provision; (iii) the Seller is at all times moving expeditiously and in good faith to resolve, cure, fulfill or remedy the issues, orders or obligations raised in the order or decision; and (iv) the Buyer would not be in breach of the order or decision as a result of the Seller taking the steps described in section 14.9(d)(i).

First Nations. (a) Notwithstanding the definition of Force Majeure in section 1.1(mmm1.1(lll), and without limiting the application of the definition of Force Majeure to any circumstance that is not specifically described in this section 14.9(a), any order or decision of any court of competent jurisdiction or any regulatory authority, including the BCUC, that is binding on the Buyer and/or the Seller, the compliance with which would prevent the Buyer and/or the Seller from performing all or any of its obligations under this EPA, which is based in whole or in part on any failure or alleged failure of the Buyer to adequately consult with, and/or accommodate, any fulfill its obligations to First Nations, Nations in relation to this EPA, the Seller’s Plant or the Interconnection respect of the Seller’s Plant to the BC Hydro System (which, for greater certainty, does not include any failure to consult with, and/or accommodate any First Nations, with respect to activities occurring on the Buyer’s side of the POI or on the BC Hydro System)Potential Impacts, will be an event of Force Majeure that may be invoked by the Party or Parties so prevented, provided that the Party or Parties so prevented will use commercially reasonable efforts to remedy the situation and remove, so far as possible and with reasonable dispatch, remove the Force Majeure to the extent that it is within the control of that Party to do so, provided that in the case of the Buyer, this obligation is subject to the Seller complying with, or having complied with, its obligations under section 15.2. (b) A Party may not invoke Force Majeure as a result of such binding order or decision referenced at section 14.9(a) if such order or decision results from a wilful act or omission of a Party as contemplated in section 1.1(mmm)(v1.1(lll)(v), provided that the failure or alleged failure of the Buyer to have adequately consulted with, and/or accommodated, any First Nations may only be considered a wilful act or omission where the underlying event or circumstance giving rise to the duty to consult or accommodate obligation was or is fully within the control of the Buyer and provided further that, for greater certainty, any activities of the Seller, including any activities of the Seller upon which the Buyer has relied, will not be considered to be within the control of the Buyer regardless of any consent, waiver, declaration or approval under this EPA, including any further amendment of this EPA that the Buyer may provide in respect of the Seller’s activity. (c) The Seller may not invoke Force Majeure as a result of such binding order or decision referenced at section 14.9(a) if such order or decision results from a failure by the Seller to comply with its obligations under Article 15 of this EPA. (d) The Buyer may not invoke Force Majeure as a result of such order or decision referenced at section 14.9(a) if: (i) the Buyer has received notice in writing from the Seller that the Seller is attempting to resolve, cure, fulfill or remedy, as the case may be, at its own initiative and at its own expense, the issues, orders or obligations raised or required by the order or decision; (ii) the Buyer is not incurring additional expense, risk or liability as a result of the Seller taking the steps described in section 14.9(a) and the Buyer has received written confirmation from the Seller that the Buyer will not be subject to any liability to the Seller for breach of this EPA as a result of the Buyer’s compliance with that portion of the order or decision that prohibits the Buyer from performing its obligations under this EPA while at the same time not being able to invoke Force Majeure as a result of this provision; (iii) the Seller is at all times moving expeditiously and in good faith to resolve, cure, fulfill or remedy the issues, orders or obligations raised in the order or decision; and (iv) the Buyer would not be in breach of the order or decision as a result of the Seller taking the steps described in section 14.9(d)(i14.9(c)(i).

First Nations. (a) Notwithstanding the definition of Force Majeure in section 1.1(mmm1.1(kkk), and without limiting the application of the definition of Force Majeure to any circumstance that is not specifically described in this section 14.9(a15.9(a), any order or decision of any court of competent jurisdiction or any regulatory authority, including the BCUC, that is binding on the Buyer and/or the Seller, the compliance with which would prevent the Buyer and/or the Seller from performing all or any of its obligations under this EPA, which is based in whole or in part on any failure or alleged failure of the Buyer to adequately consult with, and/or accommodate, any fulfill its obligations to First Nations, Nations in relation to this EPA, the Seller’s Plant or the Interconnection respect of the Seller’s Plant to the BC Hydro System (which, for greater certainty, does not include any failure to consult with, and/or accommodate any First Nations, with respect to activities occurring on the Buyer’s side of the POI or on the BC Hydro System)Potential Impacts, will be an event of Force Majeure that may be invoked by the Party or Parties so prevented, provided that the Party or Parties so prevented will use commercially reasonable efforts to remedy the situation and remove, so far as possible and with reasonable dispatch, remove the Force Majeure to the extent that it is within the control of that Party to do so, provided that in the case of the Buyer, this obligation is subject to the Seller complying with, or having complied with, its obligations under section 15.2. (b) A Party may not invoke Force Majeure as a result of such binding order or decision referenced at section 14.9(a15.9 (a) if such order or decision results from a wilful act or omission of a Party as contemplated in section 1.1(mmm)(v1.1(kkk)(v), provided that the failure or alleged failure of the Buyer to have adequately consulted with, and/or accommodated, any First Nations may only be considered a wilful act or omission where the underlying event or circumstance giving rise to the duty to consult or accommodate obligation was or is fully within the control of the Buyer and provided further that, for greater certainty, any activities of the Seller, including any activities of the Seller upon which the Buyer has relied, will not be considered to be within the control of the Buyer regardless of any consent, waiver, declaration or approval under this EPA, including any further amendment of this EPA that the Buyer may provide in respect of the Seller’s activity. (c) The Seller may not invoke Force Majeure as a result of such binding order or decision referenced at section 14.9(a) if such order or decision results from a failure by the Seller to comply with its obligations under Article 15 of this EPA. (d) The Buyer may not invoke Force Majeure as a result of such order or decision referenced at section 14.9(a15.9(a) if: (i) the Buyer has received notice in writing from the Seller that the Seller is attempting to resolve, cure, fulfill or remedy, as the case may be, at its own initiative and at its own expense, the issues, orders or obligations raised or required by the order or decision; (ii) the Buyer is not incurring additional expense, risk or liability as a result of the Seller taking the steps described in section 14.9(a15.9(a) and the Buyer has received written confirmation from the Seller that the Buyer will not be subject to any liability to the Seller for breach of this EPA as a result of the Buyer’s compliance with that portion of the order or decision that prohibits the Buyer from performing its obligations under this EPA while at the same time not being able to invoke Force Majeure as a result of this provision; (iii) the Seller is at all times moving expeditiously and in good faith to resolve, cure, fulfill or remedy the issues, orders or obligations raised in the order or decision; and (iv) the Buyer would not be in breach of the order or decision as a result of the Seller taking the steps described in section 14.9(d)(i15.9(c)(i).

First Nations. (a) Notwithstanding the definition of Force Majeure in section 1.1(mmm1.1(nn), and without limiting the application of the definition of Force Majeure to any circumstance that is not specifically described in this section 14.9(a8.9(a), any order or decision of any court of competent jurisdiction or any regulatory authority, including the BCUC, that is binding on the Buyer and/or the Seller, the compliance with which would prevent the Buyer and/or the Seller from performing all or any of its obligations under this EPA, which is based in whole or in part on any failure or alleged failure of the Buyer to adequately consult with, and/or accommodate, any First Nations, in relation to this EPA, the Former EPA, the Seller’s Plant or the Interconnection of the Seller’s Plant to the BC Hydro System (which, for greater certainty, does not include any failure to consult with, and/or accommodate any First Nations, with respect to activities occurring on the Buyer’s side of the POI or on the BC Hydro System), will be an event of Force Majeure that may be invoked by the Party or Parties so prevented, provided that the Party or Parties so prevented will use commercially reasonable efforts to remedy the situation and remove, so far as possible and with reasonable dispatch, the Force Majeure to the extent that it is within the control of that Party to do so, provided that in the case of the Buyer, this obligation is subject to the Seller complying with, or having complied with, its obligations under section 15.29.2. (b) A Party may not invoke Force Majeure as a result of such binding order or decision referenced at section 14.9(a8.9(a) if such order or decision results from a wilful act or omission of a Party as contemplated in section 1.1(mmm)(v1.1(nn)(iv), provided that the failure or alleged failure of the Buyer to have adequately consulted with, and/or accommodated, any First Nations may only be considered a wilful act or omission where the underlying event or circumstance giving rise to the duty to consult or accommodate was or is fully within the control of the Buyer and provided further that, for greater certainty, any activities of the Seller will not be considered to be within the control of the Buyer regardless of any consent, waiver, declaration or approval under this EPA or the Former EPA, including any further amendment of this EPA that the Buyer may provide in respect of the Seller’s activity. (c) The Seller may not invoke Force Majeure as a result of such binding order or decision referenced at section 14.9(a8.9(a) if such order or decision results from a failure by the Seller to comply with its obligations under Article 15 9 of this EPA. (d) The Buyer may not invoke Force Majeure as a result of such order or decision referenced at section 14.9(a8.9(a) if: (i) the Buyer has received notice in writing from the Seller that the Seller is attempting to resolve, cure, fulfill or remedy, as the case may be, at its own initiative and at its own expense, the issues, orders or obligations raised or required by the order or decision; (ii) the Buyer is not incurring additional expense, risk or liability as a result of the Seller taking the steps described in section 14.9(a8.9(a) and the Buyer has received written confirmation from the Seller that the Buyer will not be subject to any liability to the Seller for breach of this EPA as a result of the Buyer’s compliance with that portion of the order or decision that prohibits the Buyer from performing its obligations under this EPA while at the same time not being able to invoke Force Majeure as a result of this provision; (iii) the Seller is at all times moving expeditiously and in good faith to resolve, cure, fulfill or remedy the issues, orders or obligations raised in the order or decision; and (iv) the Buyer would not be in breach of the order or decision as a result of the Seller taking the steps described in section 14.9(d)(i8.9(d)(i).

First Nations. (a) Notwithstanding the definition of Force Majeure in section 1.1(mmm1.1(mm), and without limiting the application of the definition of Force Majeure to any circumstance that is not specifically described in this section 14.9(a8.9(a), any order or decision of any court of competent jurisdiction or any regulatory authority, including the BCUC, that is binding on the Buyer and/or the Seller, the compliance with which would prevent the Buyer and/or the Seller from performing all or any of its obligations under this EPA, which is based in whole or in part on any failure or alleged failure of the Buyer to adequately consult with, and/or accommodate, any First Nations, in relation to this EPA, the Former EPA, the Seller’s Plant or the Interconnection of the Seller’s Plant to the BC Hydro System (which, for greater certainty, does not include any failure to consult with, and/or accommodate any First Nations, with respect to activities occurring on the Buyer’s side of the POI or on the BC Hydro System), will be an event of Force Majeure that may be invoked by the Party or Parties so prevented, provided that the Party or Parties so prevented will use commercially reasonable efforts to remedy the situation and remove, so far as possible and with reasonable dispatch, the Force Majeure to the extent that it is within the control of that Party to do so, provided that in the case of the Buyer, this obligation is subject to the Seller complying with, or having complied with, its obligations under section 15.29.2. (b) A Party may not invoke Force Majeure as a result of such binding order or decision referenced at section 14.9(a8.9 (a) if such order or decision results from a wilful act or omission of a Party as contemplated in section 1.1(mmm)(v1.1(mm)(iv), provided that the failure or alleged failure of the Buyer to have adequately consulted with, and/or accommodated, any First Nations may only be considered a wilful act or omission where the underlying event or circumstance giving rise to the duty to consult or accommodate was or is fully within the control of the Buyer and provided further that, for greater certainty, any activities of the Seller will not be considered to be within the control of the Buyer regardless of any consent, waiver, declaration or approval under this EPA or the Former EPA, including any further amendment of this EPA that the Buyer may provide in respect of the Seller’s activity. (c) The Seller may not invoke Force Majeure as a result of such binding order or decision referenced at section 14.9(a8.9(a) if such order or decision results from a failure by the Seller to comply with its obligations under Article 15 9 of this EPA. (d) The Buyer may not invoke Force Majeure as a result of such order or decision referenced at section 14.9(a8.9(a) if: (i) the Buyer has received notice in writing from the Seller that the Seller is attempting to resolve, cure, fulfill or remedy, as the case may be, at its own initiative and at its own expense, the issues, orders or obligations raised or required by the order or decision; (ii) the Buyer is not incurring additional expense, risk or liability as a result of the Seller taking the steps described in section 14.9(a8.9(a) and the Buyer has received written confirmation from the Seller that the Buyer will not be subject to any liability to the Seller for breach of this EPA as a result of the Buyer’s compliance with that portion of the order or decision that prohibits the Buyer from performing its obligations under this EPA while at the same time not being able to invoke Force Majeure as a result of this provision; (iii) the Seller is at all times moving expeditiously and in good faith to resolve, cure, fulfill or remedy the issues, orders or obligations raised in the order or decision; and (iv) the Buyer would not be in breach of the order or decision as a result of the Seller taking the steps described in section 14.9(d)(i8.9(d)(i).