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Show COLUMBIA RIVER TREATY 419 'occurring in the territory of the other as a result of any act, failure to act, omission or delay under the Treaty. (4) Failure to commence operation as required under Articles IV and XII is not a breach of the Treaty and does not result in the loss of rights under the Treaty if the failure results from a delay that is not wilful or reasonably avoidable. (5) The compensation payable under paragraph (1) : (a) in respect of a breach by Canada or the obligation to commence full operation of a storage, shall be forfeiture of entitlement to downstream power benefits resulting from the operation of that storage, after operation commences, for a period equal to the period between the day of commencement of operation and the day when commencement should have occurred; (b) in respect of any other breach by either the United States of America or Canada, causing loss of power benefits, shall not exceed the actual loss in revenue from the sale of hydroelectric power. ARTICLE XIX Period of Treaty (1) The Treaty shall come into force on the ratification date. (2) Either the United States of America or Canada may termi- nate the Treaty other than Article XIII (except paragraph (1) thereof), Article XVII and this Article at any time after the Treaty has been in force for sixty years if it has delivered at least ten years written notice to the other of its intention to terminate the Treaty. (3) If the Treaty is terminated before the end of the useful life of a dam built under Article XII then, notwithstanding termination, Article XII remains in force until the end of the useful life of the dam. (4) If the Treaty is terminated before the end of the useful life of fche facilities providing the storage described in Article IV(3) and if the conditions described therein exist then, notwithstanding ter- mination, Articles IV(3) and VI(4) and (5) remain in force until either the end of the useful life of those facilities or until those conditions cease to exist, whichever is the first to occur. ARTICLE XX Ratification The instruments of ratification of the Treaty shall be exchanged by the United States of America and Canada at Ottawa, Canada. ARTICLE XXI Registration with the United Nations In conformity with Article 102 of the Charter of the United Na- tions, the Treaty shall be registered by Canada with the Secre- tariat of the United Nations. |