- This Agreement, which incorporates by reference other provisions applicable to the use of this Website, including, but not limited to, supplemental terms and conditions set forth hereof (“Supplemental Terms”) governing the use of certain specific material contained in this Website, sets forth the terms and conditions that apply to the use of this Website by User. By using Upper Stave River Investment L.P. website (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use this website is personal to each user (“User”) and is not transferable to any other person or entity. User is responsible for all use of User’s account (under any screen name or password) and for ensuring that all use of User’s account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User’s password(s), if any.
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- IN NO EVENT WILL Upper Stave River INVESTMENT L.P., OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS WEBSITE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
- IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, Upper Stave River INVESTMENT L.P., NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
- FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THIS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
- MONITORINGUpper Stave River Investment L.P. shall have the right, but not the obligation, to monitor the content of its WEBSITE, to determine compliance with this Agreement and any operating rules established by Upper Stave River Investment L.P. and to satisfy any law, regulation or authorized government request. Upper Stave River Investment L.P. shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Upper Stave River Investment L.P. website. Without limiting the foregoing, Upper Stave River Investment L.P. shall have the right to remove any material that Upper Stave River Investment L.P., in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
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- TERMINATIONEither Upper Stave River Investment L.P. or User may terminate this Agreement at any time. Without limiting the foregoing, Upper Stave River Investment L.P. shall have the right to immediately terminate User’s Account in the event of any conduct by User which Upper Stave River Investment L.P., in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
- MISCELLANEOUSThis Agreement and any operating rules for Upper Stave River Investment L.P. website established by Upper Stave River Investment L.P. constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the Province of British-Columbia, Canada, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.Any rights not expressly granted herein are reserved.
Upper Stave RiverBritish Columbia, Canada
Attention : You must fill out the form below at least 24 hours prior to any of the dates indicated below to confirm that you will utilize navigational flows.
|2022 paddling dates||Navigational flow||Anticipated flow|
|Friday, June 24, 2022||18 m3/s from 10:00 – 16:00||18 m3/s|
|Saturday, June 25, 2022||18 m3/s from 10:00 – 16:00||18 m3/s|
|Sunday, June 26, 2022||18 m3/s from 10:00 – 16:00||18 m3/s|
If natural flows are less than navigational flows, then no water will be diverted by the hydro project and all-natural flows diverted will be available to the diversion reach.
Please note that Innergex provides an estimate based on actual flows about a week in advance of the scheduled dates to indicate whether natural or navigational flows are expected. Keep checking the website for flow updates.