Fort Nelson Indian Reserve Minerals Revenue Sharing Act — F-31.4 11
11 CHANGE OF CIRCUMSTANCES AND IMPOSSIBILITY OF PERFORMANCE (1) In the event that any provision of this Agreement becomes impossible of performance or is otherwise frustrated and Canada and the Province are thereby discharged from further performance of it, the said parties mutually agree that the remainder of the Agreement shall remain in full force and effect and be binding upon the said parties, and that the said provision shall be renegotiated upon such terms and conditions as may be mutually agreed upon, and that Canada, in its own right and on behalf of the Band, and the Province will proceed as soon as possible thereafter to enter into negotiations for the purpose of renegotiating the said provision and use their best endeavours to bring such negotiations to a mutually satisfactory and speedy conclusion. The said parties agree that any such renegotiated provision shall be and shall be deemed to have been in full force and effect and binding upon the parties hereto from and including that date upon which such provision became impossible of performance or was otherwise frustrated as aforesaid, and that the Agreement as amended by the renegotiated provision shall continue to provide that Canada, for the use and benefit of the Band, and the Province shall share equally the net profits, gross revenue, royalties or any like proceeds from the disposition of coal, Petroleum and Natural Gas underlying the Reserve and all claims and rights thereto. (2) Any dispute between the said parties as to whether any provision of the Agreement has become impossible of performance or is otherwise frustrated and Canada and the Province are thereby discharged from further performance of it shall, at the instance of either party, be referred to arbitration pursuant to paragraph 12 hereof. (3) In the event that Canada and the Province fail to renegotiate any provision of the Agreement which becomes impossible of performance or is otherwise frustrated as provided for in subparagraph (1) hereof, within twelve (12) weeks of the commencement of negotiations for that purpose, the matter may be referred to a Judge for final determination and the provisions of paragraph 12 hereof shall apply, mutatis mutandis , to such referral. (4) In the event that a change of circumstances not amounting to frustration of this Agreement prevents the parties from sharing equally in the net profit derived by the Province from the disposition of Natural Gas underlying the Reserve, the Province and Canada agree to renegotiate the Natural Gas Net Profit Formula in paragraph 7 hereof or any other relevant provision of this Agreement. In particular, and without restricting the generality of the foregoing, the Province and Canada agree to renegotiate the Natural Gas Net Profit Formula or any other relevant provision of this Agreement to ensure an equal sharing of Net Profit from the disposition of Natural Gas underlying the Reserve in the event that any new contracts are made for the sale of Natural Gas to the United States market. In the event that Canada and the Province fail to renegotiate such provision within 12 weeks of the commencement of negotiations for that purpose, the matter may be referred to a Judge for final determination and the provisions of paragraph 12 hereof shall apply, mutatis mutandis , to such referral.