Matters Not Resolved Sample Clauses

Matters Not Resolved. Subsections 9.2.1 and 9.2.2 do not apply to: (a) human disabilities, illness or death resulting from the ingestion of methyl mercury caused by or attributable to the Project; (b) the personal injury or death of an individual caused by or attributable to the Project; (c) any loss or damage, or any interference with the exercise of any aboriginal or treaty rights, resulting from Adverse Effects of the Project which were unknown and/or unanticipated and were not discernible with the ordinary exercise of due diligence by Fox Lake at the Date of this Agreement; (d) any claims for loss or damage to Personal Property which is suffered by Fox Lake or Fox Lake Citizens: (i) outside of the Traditional Territory, or (ii) on the ▇▇▇▇▇▇ River downstream of the Limestone Generating Station after the Date of this Agreement; (e) Adverse Effects to the extent, and only to the extent, such Adverse Effects are attributable to Daily Average Water Levels occurring after the Date of this Agreement outside of both the Fully Compensated Zone and the Pre-determined Compensation Zone, except where such Adverse Effect is attributable to a Draw-down Event compensated for under this Agreement; (f) Adverse Effects if: (i) the Pre-determined Compensation or Draw-down Event Compensation provisions of section 3.7 are terminated pursuant to section 3.10, to the extent, and only to the extent, such Adverse Effects are attributable to Daily Average Water Levels falling outside of the Fully Compensated Zone after the date of such termination, or (ii) a Pre-determined Compensation or Draw-down Event Compensation payment is returned to Hydro pursuant to subsection 3.7.7, to the extent, and only to the extent, such Adverse Effects are attributable to Daily Average Water Levels falling outside of the Fully Compensated Zone during the period which would have been compensated by the payment of Pre- determined Compensation or Draw-down Event Compensation if such amount had not been returned to Hydro; (g) claims, based on unlawful actions, if any, of Manitoba or Hydro with respect to the exercise of their powers and authority in matters affecting the establishment of a reserve in and around Gillam; and (h) liabilities and obligations arising out of breaches of this Agreement.