12. The officer in charge at a fire or other emergency within the Reserve shall have

authority and discretion to direct the Fire Department's personnel and equipment
as deemed expedient by the officer in charge.

Should a dispute on the interpretation of this Agreement or compliance with this
Agreement arise then the matter will be settled by referring the matter to binding
arbitration by a single arbitrator pursuant to the Commercial Arbitration Act of
British Columbia, whose decision shall be final. Each party will bear its own costs
of any arbitration. Either party may refer a matter to arbitration by giving seven
days written notice to the other party.

RELEASE

14.

iS.

The Band releases the City, its officers, employees, agents, contractors, elected
officials, successors and assigns from all manner of claims, demands and causes of
action in any way connected with the performance, attempted performance or
non-performance of the City's obligations under this Agreement and waives all
rights and causes of action for all loss and damage to property and for all bodily
injury (including bodily injury resulting in death) which may be caused by the City
in respect of its obligations under this Agreement, provided that this release shall
not apply where the City or its officers, employees, agents, contractors, elected
officials, successors atid assigns have been negligent or have acted or omitted to
Act with wilful misconduct. |

The Band shall indemnify and save harmless the City, its officers, employees,
agents, contractors, elected officials, successors and assigns from all manner of
claims, actions, losses, damages or costs in respect of bodily injury (including
bodily injury resulting in death) or damage to property occurring within the
Reserve which are incurred in respect of or in connection with the performance,
non-performance or attempted performance of the City's obligations under this
Agreement, provided that this indemmity shall not apply in any case where the
City or its officers, employees, agents, contractors, elected officials, successors or
assigns have acted or omitted to act negligently or with wilful misconduct, nor to
the extent that insurance coverage or workers compensation coverage is

applicable to the matter.

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