British Columbia Order in Council — Order under Ferry Western Pacific Marine Ltd is granted a Licence and charter to operate a ferry service servicing Barnston Island for a period ending March 31, 2003 (O.C. 489/2000)

O.C. 489/2000

British Columbia — Orders in Council

Minister of Transportation and Highways Presidi (lin%

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part 01 the (hrder.) PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. 489 Approved and Ordered MAR 3 0 2000 Executive Council Chambers, Victoria On the recommendation of the undersigned, the I igifirCetifffertipr. by and with the advice and consent of the - - Executive Council, orders that pursuant to the report of the Minister of Transportation and Highways on the result of a public competition held under

section 5 of the Ferry Act, a licence and charter to operate a ferry service servicing Barnston Island is granted to Western Pacific Marine Ltd. for a period ending March 31, 2003, subject to the attached terms and conditions. Authority under which Order is made: Act :ind section: Fero' Act R.S.B.C. 1996, c. 136, s.3 Other (specie ∎ 1. MoTH 010/00 1112 055/coll 3

BARNSTON ISLAND FERRY SERVICE LICENCE AND BARE-BOAT CHARTER AGREEMENT IN PURSUANCE OF THE FERRY ACT, R.S.B.C. 1996, C. 136 THIS AGREEMENT dated for reference the day of 2000. BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA, represented by the Minister of Transportation and Highways (the "Province") AND: WESTERN PACIFIC MARINE LTD., a body corporate, incorporated under the laws of the Province of British Columbia under Certificate of Incorporation No. 0266378 and having its registered office at 1200 - 999 West Hastings Street, Vancouver, British Columbia, V6C 2W2 (the "Company")

WHEREAS: A. The exclusive licence to operate the Ferry Service (herein defined) and the charter described in this Agreement on the terms and conditions of this Agreement was submitted to public competition in accordance with the Ferry Act, R.S.B.C. 1996, c. 136; B. The Company was the successful bidder, selected in accordance with the terms of the above- noted public competition, for the licence to operate the Ferry Service and the charter described in this Agreement; C.

The Province wishes the Company to provide the Ferry Service and to charter the Barge (herein defined) in connection with the Ferry Service, and the Company wishes to provide the Ferry Service and to charter the Barge on the terms and conditions of this Agreement; D. The Province and the Company acknowledge that the licence to operate the Ferry Service on the terms and conditions set out in this Agreement and the charter for the Barge on the terms and conditions set out in this Agreement are granted under the Great Seal, a copy of which is attached hereto as Appendix "A" of

Schedule "1" of this Agreement, and by order of the Lieutenant Governor in Council, a copy of which is attached hereto as Appendix "B" of

Schedule "1" of this Agreement;

NOW THEREFORE in consideration of the premises and the covenants and agreements contained herein and the sum of $1.00 now paid by the Company to the Province (the receipt and sufficiency of which is hereby acknowledged by the Province) the parties agree as follows:

2 1.

DEFINITIONS 1.1 In this Agreement, (a) "Additional Services" means the provision of all labour, materials, equipment and fuels, including without limitation, the Vessel, for the purpose of providing an additional Trip or Trips or an additional Round Trip or Round Trips during time periods other than the daily

schedule operating hours, and for the purpose of facilitating, securing or maintaining the efficient functioning of the Ferry Service, including the provision of services to maintain an ice free channel and to maintain the Port Kell and Bamston Island landings free of ice; (b) "Barge" means the passenger and vehicle barge "Bamston Island No. 3" registered in Vancouver under No. 198100 and having the following dimensions: length 59 ft 0 tenths breadth 18 ft 0 tenths depth 3ft 7 tenths gross register tonnes 34.23 Tons registered tonnage 34.23 Tons and includes all equipment, machinery, accessories, spare and replacement parts on board and additions incorporated, ancillary or appurtenant to the Barge; (c) "Contract Year" means a period during the Term which commences on and includes (

i) April 1, 2000 and ends on and includes March 31, 2001; (ii) April 1, 2001 and ends on and includes March 31, 2002; or (iii) April 1, 2002 and ends on and includes March 31, 2003; (d) "Daily Ferry Services" means the provision on a daily basis of all labour, materials, equipment and fuels, including without limitation, the Vessel, for the purpose of transporting vehicles and passengers within the Ferry Area on a continuous demand- basis in accordance with the terms and conditions of this Agreement and in accordance with the following schedule: Daily Schedule: • Monday, Tuesday, Wednesday, Thursday 6:15 am to 11:55 pm; • Friday, Saturday, Sunday 6:15 am to 12:55 pm; (e) "Director, Marine Branch" means the person appointed under the Public Service Act, R.S.B.C. 1996, c. 385 to discharge the obligations of the position of "Director, Marine Branch" in the Ministry of Transportation and Highways, as that position may be amended, amalgamated or replaced by the Province, in the sole discretion of the Province; (f) "Emergency Contact Persons" means the two persons designated by the Company as such pursuant to this Agreement, and includes alternates authorized in accordance with the terms of this Agreement, and "Emergency Contact Person" means any one of such persons;

3 (g) "Emergency Services" means the provision of all labour, materials, equipment and fuels, including without limitation, the Vessel, for the purpose of transporting vehicles and passengers during time periods other than the daily

schedule operating hours pursuant to the request of the Province, the British Columbia Ambulance Service, the Royal Canadian Mounted Police, the provincial police force or a municipal police force; (h) "Ferry Act" means the Ferry Act, R.S.B.C. 1996, c. 136, and the regulations enacted thereunder, or any of them, as they may be amended from time to time; (i) "Ferry Area" means that part of the north and south shoreline of the Fraser River for 1 kilometer north of Barnston Island situated in the part of the Fraser River known as the "Parsons Channel", (j) "Ferry Service" means the provision of all labour, materials, equipment and fuels, including without limitation, the Vessel, for the purpose of transporting vehicles and passengers within the Ferry Area in accordance with the terms and conditions of this Agreement and includes the Daily Ferry Service, Emergency Services, Additional Services, and Voluntary Services; (k) "Force Majeure" means acts of God, wars (declared or undeclared), revolutions, riots, insurrections or strikes, provided that any such event is a major disabling event or circumstance in relation to the normal operations of the party directly affected as a whole which is beyond the reasonable control of that party, material delay, or failure by that party in carrying out its duties, covenants or obligations under this Agreement, provided always that lack of money, financing or credit to resolve such contingencies will not be deemed an event of force majeure; (I) "Round Trip" means one crossing from the Port Kell terminal to the Bamston Island terminal, or from the Barnston Island terminal to the Port Kell terminal, as the case may be, and the return crossing, for the purpose of transporting passengers and vehicles in accordance with the terms of this Agreement; (m) "Trip" means a one-way crossing from the Port Kell terminal to the Bamston Island terminal, or from the Barnston Island terminal to the Port Kell terminal, as the case may be, for the purpose of transporting passengers and vehicles in accordance with the terms of this Agreement; (n) "Term" means the period of time which will, notwithstanding the date cf execution and delivery of this Agreement, be concl'isively deemed to commence on and include April 1, 2000 and end on and include March 31, 2003, or such date of earlier termination as may be established in accordance with the terms of this Agreement; (o) "Vessel" means the tug supplied, operated and maintained by the Company in accordance with the terms of this Agreement; and

4 (p) "Voluntary Services" means the provision of all labour, materials, equipment and fuels, including without limitation, the Vessel, for the purpose of transporting vehicles and passengers, at no cost, toll, or charge to the passengers or to the Province, during time periods other than the daily

schedule operating hours and in accordance with the terms and conditions of this Agreement, and excludes, the Daily Ferry Services, Emergency Services and Additional Services. 1.2 Any reference to "this Agreement" means this instrument, the licence and the charter granted under the Great Seal and by order of the Lieutenant Governor in Council, attached to it as Appendix "A" and Appendix "B", respectively, of

Schedule "1", and all of the Schedules attached to it and any reference to any article, section, subsection or paragraph by number is a reference to the appropriate article, section, subsection or paragraph in this Agreement.

5 2. REPRESENTATIONS AND WARRANTIES 2.1 The Company represents and warrants to the Province on the execution of this Agreement and at all times thereafter during the Term of this Agreement, with the knowledge that the Province will rely upon these warranties and representations in entering into this Agreement and completing its obligations under this Agreement, that, (

a) the Company is a corporation duly organized and validly existing under the laws of British Columbia; (

b) the Company has full power, capacity and legal right to enter into and perform its obligations under this Agreement and any agreements and other instruments referred to herein or delivered in connection with this Agreement; (

c) this Agreement has been duly authorized, executed and delivered and constitutes a valid and binding obligation of the Company enforceable in accordance with its terms; (

d) the Company has no knowledge of any fact that materially adversely affects or, so far as it can foresee, might materially adversely affect its properties, assets, condition (financial or otherwise), business or operations or its ability to fulfill its obligations under this Agreement. 2.2 All representations, warranties, covenants and agreements made in this Agreement and all certificates and other documents delivered by or on behalf of the Company are material and will conclusively be deemed to have been relied upon by the Province, notwithstanding any prior or subsequent investigation by the Province. 2.3 The provisions of this

Article "2" will continue in full force and effect notwithstanding the fulfillment by the Company of any or all of its obligations under this Agreement or the payment by the Province to the Company of any or all of the monies that the Province becomes liable to pay to the Company pursuant to this Agreement.

6 3. GRANT 3.1 The Company hereby leases and hires from the Province, for the Term, the Barge on the terms and conditions herein set forth and solely for the purpose of the provision by the Company of the Ferry Service. 3.2 The Company will use and operate the Barge or cause the Barge to be used and operated solely for the purposes of providing the Ferry Service in accordance with this Agreement. 3.3 So long as the Company keeps and performs each and every covenant, condition and agreement to be observed and performed by it hereunder, the Company will have quiet enjoyment of the Barge without hindrance or molestation by the Province or any person claiming by, from, or through the Province.

7 4.

DELIVERY 4.1 Delivery of the Barge under this Agreement will be deemed to have been made and hire will commence on April 1, 2000, and the Company will be deemed to have accepted the Barge. 4.2 The Company has examined or caused to be examined, the Barge, and accepts it "As is, Whereis Afloat", without any representations or warranties having been made by the Province as to seaworthiness or condition of the Barge, and the Company acknowledges and agrees that the Province does not make or give, nor will the Province be deenv....d to have made or given, any representations or warranties, express or implied, as to the seaworthiness, type, condition, design, operation, merchantability or fitness for purpose or suitability for use of the Barge nor as to any other matter or thing. 4.3 Subject to sections 4.4 to 4.5, the Company agrees to accept delivery of the Barge at the commencement of the Term on the basis that: the Barge is complete; is in satisfactory seaworthy and operating condition; and is suitable for the purposes for which the Barge is intended to be used. 4.4 On delivery of the Barge, the Province and the Company will conduct (

a) a joint inventory of the Barge, including all equipment, machinery, accessories, supplies, spare and replacement parts on board and additions incorporated, ancillary or appurtenant to the Barge; and (

b) an on-hire joint survey to determine the condition of the Barge, including all equipment, machinery, accessories, supplies, spare and replacement parts on board and additions incorporated, ancillary or appurtenant to the Barge, and an inventory list and an on-hire joint survey report will be prepared and delivered to each of the Company and the Province. 4.5 Upon receipt by the Province of the on-hire joint survey report referenced in this

Article "4", the Province will, as soon as it is practicable to do so, remedy any defect which the Province is reasonably satisfied exists in the Barge, as set out in the on-hire joint survey report. 4.6 Except as otherwise expressly provided in this Agreement, the Company will have exclusive possession, control and command of the Barge during the Term.

8 5. CHARTER HIRE 5.1 Upon and subject to the terms and conditions set out herein, the Company will pay to the Province, in advance, rent for the Barge in the amount of $1.00 for the Term. 6.

TITLE OF THE PROVINCE 6.1 The Barge will at all times remain the property of the Province and will be registered in the name of the Province at Vancouver, British Columbia. 6.2 The Company will at all times protect and defend, at its own cost and expense, the title of the Province from and against all encumbrances, charges, claims and liens, save such as may arise through willful acts of the Province, and the Company will keep the Barge and this Agreement free and clear from all such encumbrances, charges, claims and liens. 6.3 The Company will forthwith give the Province notice of any alleged security interest, encumbrance, charge, claim or lien regarding the Barge or this Agreement of which the Company may become aware and of the Company's intended course of action with respect thereto.

In the event that the Company fails to discharge or satisfy any such security interest, encumbrance, charge, claim or lien in what the Province considers to be a timely fashion, then the Province may, but it will be under no obligation to, pay the amount required to obtain a discharge of any such security interest, encumbrance, charge, claim or lien, in the name of the Company, and any amount so paid together with all disbursements and legal costs in respect of such process on a solicitor and own client basis, will forthwith be due and payable by the Company to the Province.

9 7. INSPECTION AND SURVEY OF THE BARGE BY PROVINCE 7.1 The Province will have the right, from time to time and at any time, without notice, to enter upon the Company's premises or elsewhere to inspect or survey the Barge at the expense of the Province, to ascertain the condition of the Barge and to satisfy itself that the Barge is being properly repaired and maintained in accordance with the terms of this Agreement, provided such inspection shall not cause any delay or interference with the Ferry Service.

10 8.

EVENT OF BARGE LOSS 8.1 If the Barge is lost, stolen, destroyed, damaged beyond economic repair or to an extent resulting in an insurance settlement with respect thereto on the basis of a total or constructive total loss, or expropriated or confiscated in circumstances beyond the reasonable control of the Company by any authority for any reason, or is rendered unfit for normal use for any reason other than because the Barge has become, or is deemed by the Company to have become, obsolete (hereinafter individually referred to as an "Event of Barge Loss"), the Company will notify the Province and the Company's insurers in writing of the Event of Barge Loss as soon as is practicable but not later than 14 days after the date of the Event of Barge Loss (that date being hereinafter called the "Event of Barge Loss Date"). 8.2 Provided the Company is not in default under this Agreement, if an Event of Barge Loss occurs, the Company may, by notice in writing to the Province within 60 days after the Event of Barge Loss Date, elect to replace the Barge in accordance with

section 8.3, and will, unless such election is made, pay to the Province the actual value of the Barge in accordance with

section 8.5. 8.3 If the Company has elected in accordance with

section 8.2 to replace the Barge, the Company will within 120 days after the Event of Barge Loss Date at its expense transfer to and vest the title in the Province of another barge (the "Replacement Barge") free and clear of all liens and encumbrances, which (

a) is similarly equipped, has similar utility and is in at least as good condition as the Barge and complies with all laws, ordinances, regulations, requirements, standards and rules applicable to the use, maintenance and operation of the Replacement Barge and the Ferry Service; and (

b) has a market value of not less than the Province's undepreciated capital cost for tax purposes, of the Barge immediately prior to the Event of Barge Loss Date.

If there is any disagreement between the Province and the Company as to the value of the Replacement Barge, unless otherwise agreed to by the Province and the Company, then such disagreement will be resolved by accepting the average of the appraised values of the Replacement Barge determined by two marine survey as at the Event of Barge Loss Date, one of such marine surveys to be obtained by the Province and the other by the Company. 8.4 The Province will be entitled to require from the Company, subject to the rights of any insurer, the Marine Bill of Sale to enable the Province to become the registered owner of all of the 64 shares in the Replacement Barge free and clear of all liens, charges or encumbrances whatsoever.

Upon the transfer or vesting of title in and to the Replacement Barge in the Owner, title in and to the Vessel will simultaneously pass to the Company, and the Province, if so requested by the Company, will provide a Marine Bill of Sale to the Company transferring and conveying all the Province's right, title and interest in and to its 64 shares in the Barge.

Such transfer by the Province to the Company will be subject to the rights of any insurer and the Province will not be required to provide the Company with any warranties in connection therewith, save and except, that the Company will take title to the 64 shares in the Barge free and clear of all charges or encumbrances created by the Province. Upon compliance with the terms of

section 8.3 and

section 8.4, the term "Barge" in this Agreement will include the Replacement Barge unless the

11 context otherwise requires, and with respect to the Replacement Barge, the Province and the Company agree to be bound by the terms and conditions of this Agreement. 8.5 If the Company has not elected in accordance with this

Article to replace the Barge, the Company will within 90 days after the Event of Barge Loss Date pay to the Province the actual value of the Barge as at the Event of Barge Loss Date, using the depreciated cost of replacement method, as determined by an independent qualified marine surveyor retained by the Province and acceptable to the Company.

If there is any disagreement between the Province and the Company as to the marine surveyor to be retained pursuant to this section, unless otherwise agreed to by the Province and the Company, then such disagreement will be referred to and finally resolved by arbitration pursuant to the Commercial Arbitration Act, R.S.B.C. 1996, c. 55. 8.6 Upon payment of the actual value of the Barge in accordance with

section 8.5, this Agreement will terminate with respect to the Barge and the Province (

a) will, subject to the rights of any insurer, deliver to the Company a Marine Bill of Sale transferring and conveying all the Province's right, title and interest in and to its 64 shares in the Barge and such sale will not be subject to any conditions, representations, warranties or covenants, express or implied, statutory or otherwise, on the part of the Province, and (

b) may replace the Barge by delivering to the Company another barge (the "Ministry Replacement Barge") for the purpose of the performance of the Ferry Service, and upon delivery of the Ministry Replacement Barge by the Province to the Company, the term "Barge" in this Agreement will include the Ministry Replacement Barge unless the context otherwise requires, and with respect to the Ministry Replacement Barge, the Province and the Company agree to be bound by the terms and conditions of this Agreement.

12 9. OPERATION 9.1 The Barge is in all respects solely the responsibility of the Company and the Company assumes the entire risk of loss of or damage to the Barge from any cause whatsoever, including, loss or damage to the hull, machinery, spare parts, equipment, accessories, supplies, spare parts and additions and accessories incorporated therein or affixed thereto. 9.2 Without limiting the generality of the foregoing, the Company will: (

a) be responsible for all charges, costs and expenses relating to the lease, hire and operation of the Barge, including for any and all loss and damage to the hull, machinery, spare parts, equipment, accessories, supplies, and additions and accessories incorporated therein or affixed thereto; (

b) comply with any and all laws, bylaws, orders, regulations, standards, and rules applicable to the use, maintenance and operation of the Barge, and if such laws, bylaws, orders, regulations, standards, and rules, require alteration to the Barge, the Company will, promptly, upon becoming aware of any such required alteration, give written notice to the Province of such required alteration and the applicable law, bylaw, order, regulation, standard or rule, or any of them as the case may be; (

c) operate, service, repair, alter, modify and maintain the Barge so as to keep the Barge (

i) in all respects seaworthy, and in a condition and state of operation, service, and maintenance that complies at all times with all laws, including the Canada Shipping Act, and bylaws, orders, regulations, standards, and rules of any competent governmental authority applicable to the Barge, to the Ferry Service and to this Agreement; (ii) in the operating condition in which it was delivered as at the date of this Agreement, ordinary wear and tear excepted; and (iii) in a clean and tidy state; and pay all charges, costs, and expenses incurred in so doing; (

d) paint or cause all presently painted surfaces of the Barge above the waterline to be painted, in the same colors in which the Barge was delivered by the Province to the Company; (

e) pay all charges, costs, expenses, taxes, dues, levies, assessments, fines, and penalties incurred in connection with the operation, servicing, and maintenance of the Barge; (

f) obtain, acquire, keep and maintain all records, log-books and any other documentation required by the Canada Shipping Act and by any other laws, bylaws, orders, regulations, standards, and rules of any competent governmental authority, in respect of the Barge; (

g) upon written request from the Province, deliver to the Province copies of any and all marine surveys, and inspection certificates related to the Barge, and any or all records

13 (including supporting documents), log-books and other documentation referred to in subsection 9.2(f); (

h) permit the Province at all reasonable times to inspect, examine, review, and copy any and all records, logbooks and any other documentation that has been kept, produced, prepared, received or acquired by the Company in connection with the Barge and pursuant to the Canada Shipping Act or any other laws, bylaws, orders, regulations, standards, and rules of any competent governmental authority; (

i) not permit advertising, announcements or signage of any kind whatsoever to be displayed from, affixed to or painted on the Barge without the prior written consent of the Province; (

j) provide and maintain at all times sufficient staff, including the master and crew, facilities, materials, appropriate equipment and supplies in place and available to it to operate the Barge in accordance with this Agreement; (

k) ensure that all safety devices and equipment, including life saving devices and equipment, and fire fighting equipment, life rings, inflatable life rafts, life jackets and life jacket lockers are provided and maintained at all times on and in connection with the Barge as required by all laws, including the Canada Shipping Act, bylaws, orders, regulations, standards, and rules of any competent governmental authority; (

I) not assign this Agreement or sublet, license or lend all or any part of the Barge without the prior written consent of the Province, which consent may be arbitrarily withheld by the Province; and (

m) at its expense, make any and all changes required to accommodate the connection of the Barge to the Vessel, in accordance with any and all laws, bylaws, orders, regulations, standards, and rules of any competent governmental authority, and to the satisfaction of the Province.

14 9.3 PARTS REPLACEMENT, ALTERATIONS, MODIFICATIONS ADDITIONS 9.4 If any part, instrument, appurtenance, accessory, machinery or other equipment of whatever nature which is or may from time to time be incorr orated or installed in or attached to the Barge and which may from time to time become worn out, lost, stolen, destroyed, damaged beyond repair or permanently rendered unfit for use for any reason whatsoever (hereinafter called the "Replaced Part" or the "Replaced Parts") then the Company, at its own cost and expense, will promptly provide and install replacement parts (hereinafter called the "Replacement Part" or "Replacement Parts").

The Replacement Parts will be free and clear of any security interests, liens or other encumbrances and will be in as good operating condition as, and will have a value, utility, quality and specifications at least equal or similar to, the Replaced Parts, and the Replacement Parts will be deemed to be in the condition, maintenance and repair required by the terms hereof. 9.5 All Replaced Parts at any time removed from the Barge will remain the property of the Province no matter where located, until such time as such Replacement Parts have been provided and installed.

Immediately upon the installation of the Replacement

Part in or on the Barge as above provided: (

a) title to the Replaced Part will vest in the Company, without any warranty or representation whatsoever; (

b) title to such Replacement Part will vest in the Province; and (

c) such Replacement Part will be deemed to be part of the Barge, and become subject to this Agreement. 9.6 In addition to its obligations to install Replacement Parts in or on the Barge, the Company may, at its own cost and expense, from time to time make such alterations and modifications in and additions to the Barge (hereinafter such additional parts are called the "Additional Part" or the "Additional Parts") as the Company may deem desirable in the proper conduct of its business, or whether required in order to meet the requirements or standards of any applicable law laws, ordinances, regulations, requirements, standards and rules applicable to the use, maintenance and operation of the Barge, to the Ferry Service and to the Agreement, provided that, (

a) no such alteration, modification or addition diminishes the value, utility or condition of the Barge below the value, utility or condition of the Barge immediately prior to such alteration, modification or addition; (

b) the Barge then has the seaworthiness, utility and condition required to be maintained by the terms of this Agreement; and (

c) any and all such alterations, modifications or additions will be at the sole cost of the Company. (

d) title to all Additional Parts will vest in the Province if it is a component of the Barge, free and clear of any security interest, lien or other encumbrance, become subject to this Agreement and be deemed part of the Barge. 9.7 The Company will, on the earlier of the date 60 days prior to the expiration of the Term and a date within 10 days following the termination of this Agreement for any reason whatsoever, notify the Province in writing of any alteration, modification or addition to the Barge pursuant to sections 9.4 and 9.6 or of any property damage or loss not constituting an Event of Barge Loss which would, in

15 the Company's reasonable opinion, impair or negatively impact upon the value, utility or condition of me Barge. If, in the Province's opinion, any such modification, alteration or addition has impaired or negatively impacted upon the value, utility or condition of the Barge, the Barge will be restored by the Company at the Company's expense to a condition in which, in the opinion of the Province, the Barge will have the value, utility or condition which it would have had if such alteration, modification, addition, property damage or loss had not occurred. Restoration will be carried out by the Company at the sole expense of the Company prior to the return of the Barge to the Province

16 10. RETURN OF BARGE 10.1 Upon the expiration of the Term or sooner termination of this Agreement, the Company at its sole cost and expense will deliver to the Province the Barge, including all equipment, machinery, accessories, supplies, spare and replacement parts on board and additions incorporated, ancillary or appurtenant, at a location designated by the Province in the same condition as when the Barge was delivered by the Province to the Company under this Agreement, reasonable wear and tear excepted. 10.2 On redelivery of the Barge to the Province by the Company, the Province and the Company will conduct (

a) a joint inventory of the Barge, including all equipment, machinery, accessories, supplies, spare and replacement parts on board and additions incorporated, ancillary or appurtenant to the Barge; and (

b) an off-hire joint survey to determine the condition of the Barge, including all equipment, machinery, accessories, supplies, spare and replacement parts on board and additions incorporated, ancillary or appurtenant to the Barge, and an inventory list and an off-hire joint survey report will be prepared and delivered to each of the Company and the Province. 10.3 Upon receipt by the Company of the off-hire joint survey report referenced in this

Article u10", the Company will, at no cost to the Province, remedy all defects and damage set out in the off-hire joint survey report, save and except for defects attributable to reasonable wear and tear. 10.4 The provisions of this

Article "10" will continue in full force and effect and survive the expiration or sooner termination of this Agreement.

17 11. FERRY SERVICE 11.1 The Company will provide the Ferry Service during the Term in accordance with this Agreement. 11.2 This Agreement and all obligations of the Province and the Company arising hereunder are subject to the grant of the licence and charter under the Great Seal and by Order of the Lieutenant Governor in Council, each appended in Appendix "A" and Appendix "B", respectively, of

Schedule "1" pursuant to the Ferry Act. 11.3 The Province will be under no obligation to renew, extend or renegotiate the terms of this Agreement following its termination or expiration. 11.4 The Company will use its best efforts to co-operate with the Province and any other interested parties to effect a reasonable transition in performance of the Ferry Service as a result of the expiration or termination of this Agreement and this obligation will survive such expiration or termination. 11.5 The Company is an independent Company and not the servant, employee, partner or agent of the Province. 11.6 The Company will not, in any manner whatsoever, commit or purport to commit the Province to the payment of any money to any person. 11.7 The Province may, from time to time, give such instructions to the Company as the Province considers necessary in connection with the provision of the Ferry Service, which instructions the Company will comply with, but the Company will not be subject to the control of the Province with respect to the manner in which such instructions are carried out. 11.8 No partnership, joint venture or agency will be created or will be deemed to be created by this Agreement or any action of the parties under this Agreement. 11.9 The Company acknowledges and agrees that the operation by Her Majesty the Queen in Right of Canada or by Her Majesty the Queen in Right of the Province of British Columbia, or agents of either of them, of vessels within the Ferry Area, whether or not a Tariff of Rates is charged, will not be considered to hinder, obstruct, or otherwise interfere with the rights and obligations of the Company under this Agreement. 11.10 The Company will not charge, assess, or levy fees, tolls or any other charges whatsoever against any person for the transportation of passengers, vehicles or commodities under this Agreement. 11.11 The Province may, in its sole discretion terminate this Agreement, upon giving at least 30 days written notice of termination to the Company.

18 12. SERVICES DAILY FERRY SERVICES 12.1 The Company will provide the Daily Ferry Services in accordance with the terms of this Agreement. ADDITIONAL SERVICES 12.2 The Director, Marine Branch for the Ministry of Transportation and Highways, on behalf of the Province ma?, in the sole discretion of the Province, request verbally or in writing, that the Company provide Additional Services to the Province and the Company will provide such services.

EMERGENCY SERVICES 12.3 The Company will provide Emergency Services, in accordance with the terms of this Agreement, upon the request, verbal or written, of the Province, the British Columbia Ambulance Service, the Royal Canadian Mounted Police, the provincial police force or a municipal police force. 12.4 The Company will designate and at all times maintain two Emergency Contact Persons who may be contacted at any time during the Term (7-day per week, 24-hour per day basis) by the Province, the British Columbia Ambulance Service, the Royal Canadian Mounted Police, the provincial police force or a municipal police force to request provision of Emergency Services. 12.5 The Company will, by not later than three days after the commencement of the Term, deliver to the Director, Marine Branch, written notice confirming the name and telephone number of each Emergency Contact Person and will, forthwith, upon any such change in designation occurring, deliver written notice to the Director, Marine Branch, of every change in designation of persons designated as an Emergency Contact Person under this Agreement.

VOLUNTARY SERVICES 12.6 The Company may, in accordance with the terms of this Agreement, and in its discretion, provide Voluntary Services at no cost, toll, or charge to the passengers or to the Province, during time periods other than the daily

schedule operating hours and in accordance with the terms and conditions of this Agreement provided that the provision of Voluntary Services will not in any way whatsoever, interfere with, impede, hinder, obstruct or otherwise conflict with the provision by the Company of the Daily Ferry Services, the Emergency Services, or the Additional Services.

19 13. PAYMENTS 13.1 In consideration of the Company providing the Daily Ferry Services and performing all other obligations of the Company under this Agreement, except the Additional Services, the Emergency Services, and the Voluntary Services, the Province will, subject to the terms of this Agreement, pay to the Company the specified annual subsidy corresponding to each Contract Year of the Term as follows: (

a) for the Contract Year commencing on April 1, 2000 and ending on March 31, 2001, the annual subsidy in the amount of $ 584,064.00; (

b) for the Contract Year commencing on April 1, 2001 and ending on March 31, 2002, the annual subsidy in the amount of $ 595,740.00: and (

c) for the Contract Year commencing on April 1, 2002 and ending on March 31, 2003, the annual subsidy in the amount of $ 607,680.00, and the specified annual subsidy applicable to each Contract Year will be paid, subject to the terms of this Agreement, in equal installments, in arrears, by not later than the 30th day of the calendar month immediately following the last day of each calendar month in the applicable Contract Year. 13.2 In consideration of the Company providing the Additional Services, the Province will, subject to the terms of this Agreement, pay to the Company the fees calculated in accordance with the following formula: Number of Additional Services Trip hours per month multiplied by $120.001hr 13.3 The Province's obligation to pay fees under

section 13.2 of this Agreement for the provision of Additional Services is conditional on the Company submitting to the Province monthly, in arrears, at any time after the last day of the calendar month during which the Company provided Additional Services, a written statement of account in respect of the fees claimed, showing the calculation of the fees claimed for Additional Services for the calendar month, and listing in reasonable detail the Additional Services provided and supporting information, including the date and time of receipt by the Company of the request by the Director, Marine Branch, to the Company to provide the Additional Services and the time periods during which the Additional Services were provided by the Company. 13.4 In consideration of the Company providing the Emergency Services, the Province will, subject to the terms of this Agreement, pay to the Company the fees calculated in accordance with the following formula: (Number of Emergency Services Round Trips per month multiplied by $50.00) + (Number of Emergency Services Trips per month multiplied by $25.00) 13.5 The Province's obligation to pay fees under

section 13.4 of this Agreement for the provision cf Emergency Services is conditional on the Company submitting to the Province monthly, in arrears,

20 at any time after the last day of the calendar month during which the Company provided Emergency Services, a written statement of account in respect of the fees claimed, showing the calculation of the fees claimed for Emergency Services for the calendar month, and listing in reasonable detail the Emergency Services provided and supporting information, including the date and time of receipt by the Company of each request to provide Emergency Services, the name of the official who authorized on behalf of the Province, the British Columbia Ambulance Service, the Royal Canadian Mounted Police, the provincial police force or a municipal police force the Emergency Services, and the periods of time during which the Emergency Services were provided by the Company. 13.6 The payments described in this

Article constitute the maximum amounts payable to the Company for its provision of the Ferry Services, the Additional Services and the Emergency Services and the Company will not be entitled to any additional compensation for its provision of the Ferry Service, including without limitation, for its provision of Voluntary Services, and all labour, materials, equipment and fuels, under this Agreement. 13.7 All sums due and owing by the parties to each other under this Agreement will be set off by the Province during the Term. 13.8 The Province certifies that the goods and services provided under this Agreement are for the use of, and are being purchased by, the Province with Crown funds and are not subject to the Goods and Services Tax imposed under the Excise Tax Act (Canada) (hereinafter "GST"). 13.9 The Company will not charge Goods and Services Tax to the Province for any goods or services supplied in connection with the Ferry Service or any other thing under this Agreement; 13.10 Notwithstanding any other provision of this Agreement, the Province will not pay the Company for economic loss or loss of profits 13.11 Notwithstanding any other provision of this Agreement, the payment of money by the Province to the Company under this Agreement is subject to: (

a) there being sufficient monies available in an Appropriation, as defined in the Financial Administration Act, R.S.B.C.1996, c. 138 and the regulations enacted thereunder, as amended from time to time, to enable the Province, in any fiscal year or part thereof when any payment of money by the Province to the Company falls due under this Agreement, to make that payment; and (

b) Treasury Board, as defined in the Financial Administration Act, not having controlled or limited, under the Financial Administration Act, expenditure under any Appropriation referred to in subsection (

a) of this section.

21 14. INSURANCE 14.1 The Company shall during the Term, obtain and maintain Comprehensive General Liability Insurance or Protection and Indemnity Insurance or both, each with inclusive limits of not less than $5,000,000.00 per occurrence, providing coverage for bodily injury, death and property damage and including loss of use thereof.

The insurance coverage shall apply to liability arising from and in connection with this Agreement, including but not limited to any liability to persons while being transported or carried on, embarking on or debarking from the Barge or the Vessel, and to property of every kind and description while being transported or carried on, loaded on or unloaded from the Barge or the Vessel. A deductible not exceeding $2,500.00 for all claims arising from a single occurrence will be allowed.

Deductibles are payable by the Company. 14.2 The Company shall maintain hull insurance in an amount not less than $100,000.00 covering the Barge. A deductible not exceeding $2,500.00 will be allowed. Deductibles are payable by the Company. 14.3 The Named Insured on the insurance policies referenced in this

Article shall include "Her Majesty the Queen in right of the Province of British Columbia as represented by the Minister of Transportation and Highways and any employees, servants or agents of the Minister". 14.4 The policies shall also contain the following: (

a) a waiver of subrogation against "Her Majesty the Queen in right of the Province of British Columbia as represented by the Minister of Transportation and Highways and any employees, servants or agents of the Minister"; (

b) a cross liability clause that includes protection for each of the insureds despite any breach of conditions by any insured. 14.5 The insurance referenced in this

Article shall be carried in respect of each and every boat, tug, barge or vessel, including the Barge, and the Vessel, which may be used in connection with the Ferry Service, all in form and content satisfactory to the Province. Certified copies of the insurance policies together with any renewals of the policies are to be forwarded to the Manager, Insurance and Bonds, Ministry of Transportation and Highways, PO Box 9850, Stn Prov Govt, 940 Blanshard Street, Victoria, B.C. V8W 9T5 prior to commencement of the Ferry Service. 14.6 All insurance coverage shall be issued by an insurance carrier or agent licensed to do business in the Province of British Columbia.

22 15. INDEMNITY 15.1 The Company will indemnify and save harmless the Province from and against all claims, liabilities, demands, losses, damages, costs and expenses, fines, penalties, assessments and levies made against or incurred, suffered or sustained by the Province at any time or times (whether before or after the expiration or sooner termination of this Agreement) where the same or any of them are based upon or arise out of or from anything done or omitted to be done by the Company pursuant to this Agreement which indemnity will survive the expiration or sooner termination of this Agreement.

23 16. NOTICE 16.1 Unless otherwise provided for in this Agreement, any notice, request, report, demand or other document desired or required to be given under this Agreement, will be in writing and may be given by personal delivery to the party to whom it is to be given, by facsimile transmission from either party or by mailing in Canada with postage prepaid addressed, (

a) if to the Province or the Minister (or both of them): Ministry of Transportation and Highways Director, Marine Branch PO Box 9850, Stn Prov. Gov't 940 Blanshard Street Victoria, B.C. V8W 9T5 Fax: (250) 356 - 0701 (

b) if to the Company: Western Pacific Marine Ltd. #1 North Foot Denman Street Vancouver, B.C.

V6G 2W9 Fax: (604) 683 - 0684 and any such notice, request, report, demand or other document so mailed will be deemed given to and received by the addressee on the third business day after the mailing of the same except in the event of disruption of postal services in Canada in which case any such notice, request, report, demand, or other document will be deemed given to and received by the addressee when actually delivered to the particular address set out above, and such notice, request, report, demand or other document transmitted by facsimile will be conclusively deemed validly given to and received by the intended recipient when transmitted if transmitted to the above-referenced facsimile numbers: 16.2 Either party may, from time to time, advise the other by notice in writing of any change of address or facsimile number of the party giving such notice and, from and after the giving of such notice, the address or facsimile number therein specified will, for purposes of this Agreement, be deemed to be the address or facsimile number of the party giving such notice.

24 17. FORCE MAJEURE 17.1 If an event of Force Majeure occurs or is likely to occur, the Company (

a) will notify the Provincial Highway Condition Centre on behalf of the Province forthwith at the Bumaby Regional Office (phone number (604) 660 - 9771) and the Director, Marine Branch of the Province at phone number 250 - 387 - 3417; (

b) will provide an estimated time of resumption of the Ferry Service; and (

c) will use its best efforts to remove, curtail or contain the cause of the delay, interruption or failure and to resume with the least possible delay compliance with its duties, covenants and obligations under this Agreement, including, where the event of force majeure involves an interruption to the operation of the Vessel or the Barge for a period of four hours or longer, by providing a replacement Vessel or Barge to provide the Ferry Service in accordance with the terms of this Agreement.

25 18. COMPANY COVENANTS 18.1 The Company will, at the sole cost of the Company, provide, post and maintain signage containing the messaging set out in

Schedule "2" of this Agreement at the Port Kells and Bamston Island terminals. (

a) The Province may, in the sole discretion of the Province, change the loading capacity requirements and limitations by delivery of written notice thereof to the Company specifying the change and such change will be binding on the parties to this Agreement, and the Company will forthwith, at no cost to the Province, amend or replace the signage referenced in this

Article to display the changed loading capacity requirements and limitations, and post and maintain the amended or replacement signage in accordance with this Agreement. (

b) As soon as reasonably practicable after delivery of the written notice referenced in subsection (

a) of this section, the Province will deliver to the Company a revised

Schedule "2" reflecting those changes. 18.2 The Company will (

a) comply with the loading capacity requirements and limitations set out in

Schedule "2" of this Agreement; (

b) provide and maintain at all times sufficient staff, facilities, materials, appropriate equipment and supplies in place and available to the Company to fully provide, operate, and maintain the Ferry Service, including, (

i) by providing and maintaining at all times the Vessel, including without limitation, any and all additions incorporated, ancillary or appurtenant thereto, in all respects seaworthy, and in a condition and state of operation, repair, service, condition, and maintenance that complies at all times with all laws, including the Canada Shipping Act, and bylaws, orders, regulations, standards, and rules of any competent governmental authority applicable to the Vessel, the Ferry Service and to this Agreement; and (ii) by maintaining and promptly carrying out all necessary renewals and repairs to the Vessel in compliance with all laws, including the Canada Shipping Act, and bylaws, orders, regulations, standards, and rules of any competent governmental authority, and to the entire satisfaction of the Province and the authorized Steamship Inspector, Transport Canada, Marine Safety; (

c) be responsible for all assessments and levies which may be made under the Workers Compensation Act, R.S.B.C. 1996, c.492 and the regulations thereunder as amended from time to time; (

d) punctually pay as they become due all accounts, expenses, wages, salaries, taxes, levies, rates, fees, contributions and assessments required to be paid by it on any of its undertaking;

U) 26 (

e) observe, perform and comply with each term, covenant and agreement on its

part contained in this Agreement; (

f) comply with all laws, bylaws, orders, regulations, standards, and rules of any competent government authority applicable to the Ferry Service or this Agreement; (

g) ensure that the provision, operation and maintenance of the Ferry Service, including the use, maintenance and operation of the Barge and the Vessel, complies with all laws, orders, regulations, and rules of any competent government authority relating to occupational health and safety and the safe operation of the Vessel and the Barge, including by ensuring that: (

I) the Company's workers, crew and staff receive and maintain any and all appropriate certifications, and (ii) the employees, workers, servants, agents and invitees of the Company are instructed in the terms of such laws, orders, regulations, and rules; not assign, either directly or indirectly, this Agreement or any right of the Company under this Agreement, without the prior written consent of the Province, which consent may be arbitrarily withheld by the Province; at all times promptly respond to complaints from members of the public, regulatory agencies, police authorities and the Province and treat members of the public with appropriate courtesy and consideration, and, upon becoming awar of any such complaint, promptly deliver notice to the Province of such complaint; cooperate with and not obstruct, interfere with or otherwise impede the provision of highway maintenance services by the Province, or by servants, agents or authorized representatives of the Province, including the road and bridge maintenance contractor retained by the Province, to facilitate the prompt and cost effective repairs of any and all docks, landings, and ramps situated at the Port Kells terminal and the Bamston Island terminal; (

k) carry out temporary repairs of any and all docks, landings, and ramps situated at the Port Kells terminal and the Bamston Island terminal, as required to ensure a safe and secure provision of the Ferry Service pending permanent repair of such docks, landings, and ramps by the Province, or by servants, agents or authorized representatives of the Province, including the road and bridge maintenance contractor. (

I) repair, at no cost to the Province, any and all damage caused to any and all docks, landings, and ramps situated at the Port Kells terminal and the Bamston Island terminal in connection with the provision of the Ferry Service, save and except for ordinary wear and tear; (

m) not use the Vessel and Barge, or either of them for any purpose other than the provision of the Ferry Service in accordance with the terms of this Agreement;

27 (

n) keep and maintain all records, including accounting records, data, software, and any other documentation required by the Canada Shipping Act and by any other laws, bylaws, orders, regulations, standards, and rules of any competent government authority, in respect of the Vessel, the Barge, the Ferry Service and this Agreement and upon written request from the Province, deliver to the Province copies of any and all such records, data, software, and documentation; (

o) submit to the Province, on a monthly basis, a report in a form reasonably satisfactory to the Province showing the number of Trips made by the Company, and the number of passengers, vehicles and other things transported on the Barge; (

p) permit the Province, its servants and agents, at any time or times during normal business hours, to review, copy or audit, any or all of books of account, reports, data, records and other documentation (including traffic, logs, payrolls, invoices, receipts and other supporting documents) that have been produced, received or acquired by the Company as a result of this Agreement;

28 19. ASSIGNMENT 19.1 Subject to any provision to the contrary contained herein, this Agreement is irrevocable for the Term. 19.2 This Agreement and all rights of the Province hereunder will be assignable by the Province without requiring the Company's consent, provided that the Company will not be obligated to any assignee of the Province except after written notice of such assignment from the Province.

29 20. DEFAULT AND REMEDIES 20.1 Any of the following events will, for the purposes of this Agreement, constitute an event of default by the Company whether or not any such event is voluntary or involuntary: (

a) the Company fails to observe, perform or comply with any provision of this Agreement, on the part of the Company to be observed, performed or complied with; (

b) any representation or warranty made by the Company contained in this Agreement or in any certificate furnished in connection with this Agreement is materially false or incorrect; (

c) the Barge or the Vessel is seized or confiscated under legal process or otherwise or is attached; (

d) the Province, in its sole discretion, deems that the Barge is in danger of misuse, neglect, seizure or confiscation; (

e) the Barge is abandoned, sold, transferred or encumbered by the Company (

f) there is any bona fide action or proceeding, pending or threatened against the Company, which would, in the reasonable opinion of the Province, if successful, have a material adverse effect upon the ability of the Company to fulfill its obligations under this Agreement; (

g) a change occurs with respect to any one or more, including all, of the properties, assets, condition (financial or otherwise), business or operations of the Company which, in the reasonable opinion of the Province, materially adversely affects the ability of the Company to fulfill any of its obligations under this Agreement; (

h) the Company becomes insolvent, commits

an act of bankruptcy, makes an assignment for the benefit of its creditors or otherwise acknowledges its insolvency; (

i) a bankruptcy petition is filed or presented against, or a proposal under the Bankruptcy and Insolvency Act (Canada) is made by, the Company, an order is made, a resolution is passed or a petition is filed, for the liquidation or winding up of the Company, or a compromise or arrangement is proposed in respect of the Company under the Companies' Creditors Arrangement Act (Canada);; (

j) a receiver or receiver-manager of any property of the Company is appointed or the Company ceases, in the reasonable opinion of the Minister, to carry on business as a going concern.; (

k) the Company permits any sum which is not disputed to be due by it to remain unpaid after legal proceedings have been commenced to enforce payment thereof;

30 20.2 Upon the happening of an Event of Default, or at any time thereafter, the Province may deliver written notice to the Company specifying the Event of Default and the Province may, at its option, elect to do any one or more of the following: (

a) pursue any remedy available to it at law or in equity; (

b) if the event of default is a failure by the Company to provide the Ferry Service in accordance with the terms of this Agreement, retain from any monthly payment due to the Company under this Agreement an amount that is equal to the monthly installment payable by the Province pro-rated for the number of days during which failure continued; (

c) take all actions in its own name or in the name of the Company that may reasonably be required to cure the event of default in which case all payments, costs and expenses incurred therefor will be payable by the Company to the Province on demand and set off against any sums owing by the Province to the Company present or future; (

d) require that the event of default be cured within a time period specified by the Province; (

e) waive the Event of Default; (

f) demand that the Company, and the Company will upon such demand, at the expense of the Company, deliver up to the Province possession of the Barge to a location designated by the Province; (

g) enter upon the premises where the Barge is located and take immediate possession of and remove the Barge, and the Company hereby releases the Province from any claim whatsoever and covenants to reimburse the Province in respect of any claim whatsoever arising from any and all damage to lands, buildings or structures occasioned by such taking of possession; and (

h) terminate this Agreement, subject to the expiration of any time period specified by a notice delivered pursuant to subsection 20.2(

d) above. 20.3 The rights, powers and remedies conferred on the Province under this Agreement are not intended to be exclusive and each will be cumulative and in addition to and not in substitution for every other right, power and remedy existing or available to the Province under this Agreement, any other agreement, at law or in equity and the exercise by the Province of any right, power or remedy will not preclude the simultaneous or later exercise by the Province of any other right, power or remedy. 20.4 No failure or delay on the part of either party to complain of

an act or failure of the other party or to declare such other party in default, irrespective of how long such act or failure to act will continue, will constitute a waiver by such party of its rights hereunder.

31 21.

MISCELLANEOUS 21.1 The Company will not, dunng the Term, perform a service for or provide advice to any person, firm or corporation or other legal entity where the performance of the service or the provision of the advice may or does, in the reasonable opinion of the Province, give rise to a conflict of interest between the obligations of the Company to the Province under this Agreement and the obligations of the Company to such other person, firm or corporation or other legal entity. 21.2 Any public announcement relating to this Agreement will be arranged by the Province in consultation with the Company. 21.3 The Company will treat as confidential and will not, without the prior written consent of the Province, publish, or disclose or permit to be published, or disclosed either before or after the expiration or sooner termination of this Agreement, any information supplied to, obtained by, or which comes to the knowledge of the Company as a result of this Agreement except insofar as such publication, or disclosure is required by law or is necessary to enable the Company to fulfill the obligations of the Company under this Agreement. 21.4 This Agreement constitutes the entire agreement between the parties in respect of the subject matter of this Agreement and no understandings, representations or agreements, oral or otherwise, exist between the parties with respect to the subject matter of this Agreement except as expressly set out in this Agreement. 21.5 Each of the parties will, upon the reasonable request of the other, make, do, execute or cause to be made, done or executed all further and other lawful acts, deeds, things, devices, documents, instruments and assurances whatever for the better or more perfect and absolute performance of the terms and conditions of this Agreement. 21.6 Public disclosure of this Agreement will be governed by the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165. 21.7 This Agreement will enure to the benefit of and be binding upon the Province and its assigns and Company and its successors and permitted assigns. 21.8 No waiver by either party of a breach or default by the other party in the observance, performance or compliance of any of its obligations under this Agreement will be effective unless it is in writing and no such waiver will be deemed or construed to be a waiver of any other breach or default and failure or delay on the part of either party to complain of

an act or failure of the other party or to declare such other party in default, irrespective of how long such failure or delay continues, will not constitute a waiver by such party of any of its rights against the other party. 21.9 If any provision of this Agreement or the application thereof to any person or circumstance is invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provision to any other person or circumstance will not be affected or impaired thereby and will be valid and enforceable to the extent permitted by law.

32 21.10 This Agreement may only be amended by a further written agreement executed by both parties. 21.11 Time is and will be in all respects of the essence of this Agreement. 22.

INTERPRETATION 22.1 The headings or captions in this Agreement are inserted for convenience only and do not form a part of this Agreement and in no way define, limit, alter or enlarge the scope or meaning of any provision of this Agreement. 22.2 In this Agreement, "person" includes a corporation, firm, association and any other legal entity and wherever the singular or masculine is used it will be construed as if the plural, the feminine or the neuter, and wherever the plural or the feminine or the neuter is used it will be construed as the singular or masculine, as the case may be, had been used where the context or the parties so require. 22.3 Each

Schedule attached to this Agreement is an integral part of this Agreement as if set out at length in the body of this Agreement. 22.4 In this Agreement, the words "including" and "includes", when following any general term or statement, are not to be construed as limiting the general term or statement to the specific items or matters set forth or to similar items or matters, but rather as permitting the general term or statement to refer to all other items or matters that could reasonably fall within the broadest possible scope of the general term or statement. 22.5 All dollar amounts expressed in this Agreement refer to lawful currency of Canada.

33 22.6 This Agreement will be governed by and construed and interpreted in accordance with the laws of the Province of British Columbia.

IN WITNESS WHEREOF, the parties have executed this Agreement as follows: SIGNED, SEALED AND DELIVERED on behalf of ) HER MAJESTY THE QUEEN IN RIGHT OF THE ) PROVINCE OF BRITISH COLUMBIA by a duly ) authorized representative of the Province of ) Transportation and Highways on the ) day of , 2000 ) in the presence of: (Witness) For the Minister of Transportation and Highways SIGNED, SEALED AND DELIVERED on behalf of ) the by its duly ) authorized signatory on the _____ day of , ) 2000: ) ) by ) NAME ) and by ) ) TITLE

SCHEDULE "1" OF BARNSTON ISLAND FERRY SERVICE LICENCE AND BARE BOAT CHARTER AGREEMENT APPENDIX "A" OF

SCHEDULE '1' "The Great Seal"

SCHEDULE "1" OF BARNSTON ISLAND FERRY SERVICE LICENCE AND BARE BOAT CHARTER AGREEMENT APPENDIX "B" OF

SCHEDULE 'I' "Order in Council"

- 36 -

SCHEDULE "2" OF BARNSTON ISLAND FERRY SERVICE LICENCE AND BARE BOAT CHARTER AGREEMENT "Port Kells and Barnston Island Posted Signage" Port Kells posted sign: "Maximum ferry load 40,000 kgs. Loaded trucks with a GVW in excess of 30,000 kgs may be transported separately. Loaded trucks licensed with a GVW in excess of limit must produce a weight certificate showing the actual GVW which must be less than 40,000 kgs." Barnston Island posted sign: "Maximum ferry load 40,000 kgs. Loaded trucks licensed with a GVW in excess of 30,000 kgs may be transported separately."

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 489/2000
Type	order_in_council
Volume / chapter	arc oic 0489 2000
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	8a06bb3895d20d8b9b575ae82a1eee09435df6eb

Source file is stored in the law ingest library (pdf).