The University of British Columbia

27. The rights and privileges granted to the Institutions under this Agreement commence on the date of execution of this Agreement and expire on August 31, 2007 subject to renewal in accordance with clause 28 of this Agreement. However, the obligations of the Institution pursuant to this Agreement commence on September 1, 2003 and expire on August 31, 2007 subject to renewal in accordance with clause 28 of this Agreement.

28. This Agreement shall be automatically renewed for a period of three years on the same terms and conditions including the payment terms and conditions which are applicable for the year ending August 31, 2007 unless, at least six months prior to the expiry of the initial or any subsequent period, one party notifies the other and the Association of Universities and Colleges of Canada that it wishes to review the terms of this Agreement. Upon the giving of such notice this Agreement will terminate at the end of the applicable period unless renewed on such terms and conditions as the parties may agree upon or as the Copyright Board may establish. The rights and obligations set out in clauses 13.1, 22.3 and clauses 23 through 26 inclusive survive termination for Copies made prior to termination.

29. If Parliament passes new legislation which in the opinion of either party substantially changes the legal conditions relevant to the licences granted by this Agreement, either Access Copyright or the Institution may give the other party and the Association of Universities and Colleges of Canada notice of intent to renegotiate this Agreement. In the event that the Institution and Access Copyright are unable to agree on amendments to this Agreement, the party which gave notice of intent to renegotiate shall have the right to terminate this Agreement by giving the other party notice of termination, which shall take effect 60 days following such notice or 6 months following the giving of the notice of intent, whichever is later.

30. At any time following receipt of a notice of change with respect to the Exclusions List referred to in clause 5 of this Agreement that would, in the opinion of the Institution, adversely affect what may be copied, and before the change contained in such notice shall have taken effect, the Institution may give Access Copyright notice of intent to renegotiate this Agreement. On receipt of such notice Access Copyright shall enter into negotiations with the Institution and the Association of Universities and Colleges of Canada with respect to proposed amendments to this Agreement, as appropriate. In the event that the Institution and Access Copyright are unable to agree on such amendments within 30 days from the giving of such notice, the Institution shall have the right to terminate this Agreement by giving notice of termination to Access Copyright at any time after 30 days from the giving of such notice and before any such agreement on any amendments to this Agreement is reached. This Agreement shall terminate 30 days following the giving of such notice of termination.

31. Subject to the provisions of clause 32 and 33 of this Agreement, if the Institution shall be in breach of any of its obligations under clauses 2 through 26 hereof or is in breach of any of the terms and conditions of copying set forth in the Schedules to this Agreement, Access Copyright may give written notice to the Institution of such breach, and if the Institution does not cure such breach within 30 days of the giving of such notice, or if the breach is one which requires more than 30 days to remedy and the remedy shall not have commenced within such period and shall not have thereafter been diligently pursued, Access Copyright shall be entitled to give notice of termination to the Institution. This Agreement shall terminate on the giving of such notice of termination.

32. If the Institution shall be in breach of any of the terms and conditions relating to the making of Copies pursuant to the licence granted in clause 2(c) of this Agreement, Access Copyright may give written notice to the Institution of such breach, and if the Institution does not cure such breach within 30 days of the giving of such notice, or if the breach is one which requires more than 30 days to remedy and the remedy shall not have commenced within such period and shall not have thereafter been diligently pursued, Access Copyright shall be entitled to give notice of termination of the licence granted pursuant to clause 2(c) of this Agreement. The licence granted pursuant to clause 2 (c) of this Agreement shall terminate on the giving of such notice.

33. If the Institution has complied with its obligations contained in clause 9 of this Agreement, the breach of a term or condition governing the making of Copies by Licensee shall be deemed not to be a breach of this Agreement by the Institution.

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