Appendix C - 4
DOCUMENT 1
GRANT OF RIGHT OF WAY
FOR SECONDARY PROVINCIAL ROADS
 

THIS GRANT OF RIGHT OF WAY made the ____ day of _______________, ______

BETWEEN:

NISGA'A NATION
[insert address]
("Nisga'a Nation")
AND:
HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA, as represented by the Minister of Transportation and Highways
[insert address]
("British Columbia")
WHEREAS:
 
  1. A. The Nisga'a Nation, Canada and British Columbia have entered into the Nisga'a Final Agreement.
  1. B. The Nisga'a Nation wishes to grant rights of way over areas of Nisga'a Lands for secondary provincial roads.
Therefore for good and valuable consideration the Nisga'a Nation and British Columbia agree as follows: 
Grant of Right of Way. The Nisga'a Nation hereby grants a right of way to British Columbia for the secondary provincial road right of way areas described in Schedule A attached to this Grant of Right of Way.
Incorporation by Reference. This Grant of Right of Way incorporates by reference all provisions of the Roads and Rights of Way Chapter of the Nisga'a Final Agreement relating to secondary provincial roads and rights of way for those roads.

Other provisions.

(a) Notice. Any notice required under this Grant of Right of Way:

(i) must be in writing;

(ii) must be delivered to the address set out above, or to another address specified in writing by a party; an

(iii) may be given in one or more of the following ways:

(A ) delivered personally or by courier, and it will be deemed to be received on the next business day;

(B) delivered by fax, and it will be deemed to be received on the next business day; or

(C) mailed by pre-paid post in Canada, and it will be deemed received on the eighth business day following.
 

(b) Runs with the Land. This Grant of Right of Way runs with and binds the Nisga'a Lands, to the extent reasonably necessary to give full force and effect to this Grant.

(C) Interpretation. In this Grant of Right of Way:

(I) all attached schedules form an integral part of this Grant;

(ii) headings are for convenience only and are not to be construed as defining or in any way limiting the scope or intent of this Grant.

IN WITNESS THEREOF the parties have duly executed this Agreement, as of the date first referred to above.
 
 
NISGA'A NATION

Per :

Per :

 
 
HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA, as represented by the Minister of Transportation and Highways
 
Per:

Per:

 
 

SCHEDULE A
DESCRIPTION OF SECONDARY PROVINCIAL ROAD RIGHT OF WAY AREAS