3) The DFWT will pay the Cooperator $500 per acre for the duration of this agreement for the farmland that is removed from active agriculture. In the event either party wishes to review the annual fee paid by the DFWT to the Cooperator after five (5) years from the Planting Date or after five (5) years from the most recent review of such fee, that party may give notice in writing to the other requesting a review. The parties shall review the fee and arrive at a conclusion within ninety (90) days.
4) Provided that the DFWT approves the expenditure in advance, the DFWT shall pay the Cooperator reasonable costs of maintaining the Grass Field Margin as set out in Schedule B for the first five (5) years. For the next five (5) years, the DFWT and the Cooperator will share approved maintenance costs 50/50.
5) In the event the Cooperator sells the Lands or surrenders the lease of the Lands during the term ofthis agreement, he shall notify the DFWT and the Cooperator shall inform the purchaser or new lease holder of this agreement and make best effort to have the purchaser or new lease holder ofthe Lands to extend this agreement. Provided the Cooperator has complied with the previous sentence hereof, he shall have no further obligation or liability pursuant to this agreement after he has sold the Lands or surrendered the lease on the Lands.
6) In the event the Cooperator considers it necessary for the efficiency of his farming business to remove a portion of the Grass Field Margin, he shall notify the DFWT and suggest a replacement site.
7) To allow the DFWT to monitor the Grass Field Margin for wildlife use upon notification and permission of the Cooperator.
8) The Cooperator shall indemnify the DFWT and save it harmless from any actions, suits andliabilities arising out of this agreement unless arising from the negligence of the employees andagents of the DFWT or arising from entry to the Lands authorised by the DFWT.
9) Wherever the singular or masculine is used herein, the same shall be construed as meaning the plural, feminine or body corporate or politic where the context or the parties so require.
10) This Agreement shall endure to the benefit of and be binding upon the parties hereto, the irrespective successors and assigns.
11) The parties hereto shall do and cause to be done all things and execute and cause to be executed all documents which may be necessary to give property effect to the intention of this Agreement.
12) Any dispute arising out of or in connection with this Agreement shall be referred to and finally resolved by Arbitration under the rules of the British Columbia International Arbitration Centre (BCIAC). The appointing authority shall be the BCIAC. The case shall be administered by the BCIAC in accordance with its “procedures for cases under the BCIAC Rules”.
13) If the DFWT is not able to make the payments described in paragraphs 3 and 4, then thisagreement becomes null and void