Without limiting the nature and extent of the remedial works and measures ("works") contemplated by this Agreement, Hydro agrees that it shall make available the funds which it estimates to be necessary for the engineering and construction of works at Nelson House and Cross Lake to the Department of Indian Affairs and Northern Development in trust for and on behalf of the Development Corporation referred to in the Memorandum of Understanding initialled by the parties on July 31, 1977 ("Corporation") for the account of the Band for which the works are to be directed. Subject to the provisions of this Article, the Band and the Corporation shall determine such organization as they may consider appropriate for the utilization of the funds and shall determine the manner and time for the construction, if at all, of the works.
In respect to the remedial works contemplated by the funds made available, the Bands, the Corporation and Canada shall release and save harmless Hydro and Manitoba, and the Bands shall release and save harmless Canada, from any responsibility for construction of and liability with respect to such works. Hydro shall indicate its views to the Corporation and the Band as to the significance of the construction of such works and the appropriate time for their construction.
A fund shall be established as contemplated by Article 12.6 in respect to the remedial works provided herein, for the works at Nelson House and Cross Lake, and a letter outlining Hydro's proposal as discussed will be forthcoming to the parties and the substance thereof incorporated herein.
In furtherance hereof it is agreed that:
Certain remedial works identified on Schedule "F" attached hereto are essential engineering requirements for the operation of the system and Hydro shall complete these works involving to the maximum possible degree the residents of the Reserves.
In respect to the remaining remedial works identified on Schedule "G" attached hereto, Hydro shall make available to the Department of Indian Affairs and Northern Development in trust for and on behalf of the Corporation the funding as set forth in Schedule "G" attached hereto, and the Corporation and the appropriate Band shall undertake at their discretion such works at such time and in such fashion as they may determine to be appropriate.
In respect to such further and other remedial works pursuant to this Agreement as may be necessary in any of the five Reserves, unless such remedial works are essential requirements for the operation of Hydro's power system, Hydro shall make available necessary funding in the same manner and on the same terms as set forth in Article 22.4.2.
Hydro shall make available at the request of the Band and/or the Corporation either such engineering advice and assistance as may be necessary to complete the works to proper engineering and construction standards or alternatively provide in the same manner and on the same terms as provided in Article 22.4.2 the funds necessary to retain such engineering assistance independently.
Any dispute arising as to whether or not other remedial works may be necessary or as to the accuracy of the cost estimates, or as to whether or not the work is an essential engineering requirement, shall be referred to the Arbitrator for determination.
Northern Flood Agreement
Office of the Arbitrator904-363 Broadway Avenue
tel: (204) 956-5089
fax: (204) 956-5091