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3 f ". i(v-:~ 11i# 0 51 G ), 1102 / }::>R~TLE ACT "-- (./ 0 () _ ( JC ),...,,.. <~ecti0n '219.9) { t,. 1 '. ;i.j : r: r ~ r.r,_ P;>:.-.,1. : -...,,. ~.. J l, ~ i i~ :.:~...-,..... L: C": ; '. TH011sao Province of British Columbia GENERAL DOCUMENT (Thi s area for land Title Office use) PAGE of 1. pages 1. APPLCATON: (Name, address, phone nlft>er and signature Lawson Lundell Lawson & Mcintosh We~t Georgia Street Vancouver, B.C., V6C 3L2 Attention: Kelly Oehlschlager Tel: PARCEL DENTFER(S) AND LEGAL DESCRPTON(S) CPll>) (lecial DESCRPTON) SEE SCHEDULE NATURE OF NTEREST:* DESCRPTON SEE SCHEDULE DOCUMENT REFERENCE (page and paragraph) OF LAND:* ~ 6 ( '8:1/9't A90S5 Cl Af({.;f ~(.i,{.. J PERSON ENTTLED TO NTEREST 4. TRANSFEROR($):* 5. TRANSFEREE (S) : (ncluding oecupation(s), postal addressees) and postal code(s))* ALCAN ALYMNQM LMTED (registration No A), a federal corporation having its principal office at 1188 Sherbrooke Street West, Montreal, Quebec, H3A 3G2 6. RXBCUTON (S) : By signing this doclnent you are affecting the land in the manner described in tem 3. Execution Date J t; :. ~. ;.~. ~.; ~ : ~ (,~ ~].. t ;,.:; F. r ~ 1l:c -: ::.?70 C ;.- Cor.i(l'.'i t:;_,.:' i, :.! :, \';/; \ 'i'() 1 t'.: C '.. } (..:;~:?~;Gi y l M lq1 7 D l~/ L-~-L~~-'-- J Party{ies) Signature(s) OFFCER CERTFCATON: Your signature constitutes a representation that you are a solicitor, notary public or other person author ized by the Evidence Act, R.S.8.C. 1979, c. 116, to take affidavits for use in British ColiMl'lbia and certifies the matters set out n Part 5 of the land Title Act as they pertain to the ekecution of this instrunent. " f space insufficient, enter "SEE SCHEDULE" and attach schedule in Form E. ** f space insufficient, contll'\ue executions on additional page(s) in Fonn O UPS Page 1 of 7

4 Status: Registered Doc #: TH11580 RCVD: RQST: LAND TTLE ACT FORM D EXECUTONS CONTNUED Officer Signature(s) Y l '7/.S/ 6"1i?luP<.)l Execution Date M D Page 2 of 7 pages Transferor/Borrower/Party Signature(s) ALCAN ALUMNUM LMTED by its Attorneys Name: D.F.: TE irector of uman Resources Sykes, Director Operations OFFCER CERTFCATON: Your signature constitutes a representation that you are a solicitor, notary public or other person authorized by the Evidence Act, R.S.B.C. 1979, c. 116, to take affidavits for use in British ColUTbia and certifies the matters set out in Part 5 of the Lend Title Act es they pertain to the execution of this instrunent. Page 2 of 7

5 LAND TTLE ACT FORM E SCHEDULE Page 3 of 7 pages ENlER THE REQURED NFORMATON N THE SAME ORDER AS THE NFORMATON HUST APPEAR ON THE FREEHOLD TRANSFER FORM, MORTGAGE FORH OR GENERAL DOCUMENT FORM, 2. PARCEL DENTFER($).AND LEGAL DESCRPTON(S) OF LAND:* (PO) (LEGAL DESCRPTON) Burdened Land (Servient Tenement), collectively referred to in the Terms of nstrument - Part 2 as the "Land": [insert upon filing subdivision plan]..ht)t; of Block District Lots 1111, Coast District, P -.. [insert ~plan] and an upon filing f l.' f\ ~ 1) ' rrd}' Benefitted Land (Dominant Tenement), collectively referred to in the Terms of nstrument - Part 2 as the 11 Alcan Property": District Lots 91, 92, 93, 94, 96, 102A, 186, and 6058, Block 1506 of Lot 73, Plan 6148 (respectively as to Parcel dentifiers), All of Range 5, Coast District. District Lot 187, except Plan 11524, Range 5, Coast District 3. NATURE OF NTEREST: * DESCRPTON DOCUMENT REFERENCE PERSON ENTTLED TO NTEREST (page and paragraph) J '1) :) ( n,,, (\ ( ~~ u ~ - ' Easement Page 5, paragraph 2 Transf eree Restrictive Covenant Page 6, paragraph 3 Transferee Page 3 of 7

6 TERMS OF NS''RUMENT - PART 2 SMOKE EASEMENT (AND RESTRCTVE COVENANT) Page 4 of 7 Pages This Easement and Restrictive Covenant Agreement dated for reference August 5, 1994 is made BETWEEN: ALCAN ALUMNUM LMTED, a federal corporation having its principal off ice at 1188 Sherbrooke Street West, Montreal, Quebec, H3A 3G2 AND: ( 11 Alcan") OF THE FRST PART, WHEREAS: Kitimat, British Columbia, V8C 2L5 ('-") OF THE SECOND PART. A. - is the registered owner of the land (the "Land") legally described as the Burdened Land in the Form E Schedule to Part 1 of this nstrument. B. Alcan is the registered owner of the land (the 11 Alcan Property"} legally described as the Benefitted Land in the Form B Schedule to Part 1 of this nstrument. NOW THS AGREEMENT SETS OUT the terms and conditions on which Goyert has agreed to grant Alcan certain easements and restrictive covenants pursuant to an agreement of purchase and sale (the "Main Agreement") dated December 17, 1993: 1. nterpretation n this Agreement, (a) "Alcan" means Alcan, its successors and assigns and, (where Alcan is being granted rights} its or their respective employees, agents, contractors, permittees and licensees; (b) - 11 means- and its successors and assigns; ' YPS Page 4 of 7

7 Page 5 of 7 Pages (c) all promises and agreements set out here will be legally enforceable as obligations forming an inherent a~ral part of interests in land granted byllllllllto Alcan. 2. Smoke Easement (a) now grants to Alcan for the benefit of the Alcan Property the full, free and uninterrupted right, licence, liberty, privilege and easement in perpetuity for Alcan from time to time and at all times to use all or any part of the Alcan Property (i) (ii} for the purpose of aluminum smelting, metallurgical and chemical works and, without limiting the generality of the above, for the purpose of any other industrial works of any kind (the "Works"); and to allow the Works to create a nuisance on the Land (including, without limiting the generality of the above, by the emission or production of odour, dust, particles, smoke, gas, vapour, fumes, vibration, noise, electricity, or explosion}. (b) (c) (d) agrees that Alcan will not at any time be liable to - or any other person now or at any time having an interest in or occupation of the Land for any damage, loss, inconvenience, trespass or nuisance (including, without limiting the generality of the above, consequential damage, loss of profits, and total or partial destruction of all or any part of the Land or anything on the Land) resulting from or incidental to the operation of the Works on the Alcan Property {collectively, 11 Damage 11 ). llllllllalso agrees that neither it nor any other person now or at any time having an interest in or occupation of the Land will have any right of action at law or in equity against Alcan for or in respect of the Works or any Damage. f, in spite of the above, any person ever has a claim against Alcan in respect of the Land for Damage from which Alcan is not protected under the preceding paragraphs, - now waives and releases Alcan from any claim for Damage that it may at any time possess or pretend to possess and will indemnify Alcan and save it harmless from any claim for Damage by any third party "PS Page 5 of 7

8 Page 6 of 7 Pages 3. Restrictive Covenant on Emissions and Effluents llllllllll agrees that it will not use the Land for any ~rial or other purpose which results in the emission of atmospheric pollutants or liquid effluents except those which are approved specifically by chemical compound name or class and which do not exceed the volume per time period for which Alcan has given its prior written al. Without limiting the generality of the above, agrees not to use the Land for the purpose of any rial or other process which results in the emission of gaseous fluorides or polycycli c aromatic hydrocarbons. 4. General (a) grants these easements and restrictive covenants in favour of the Alcan Property, Alcan, and all other persons n ow or at any time havi ng any interest in or occupation of the Alcan Property. (b) lllllll grants these easements and restrictive covenants with the intent to bind all persons who may from time to time be the registered or beneficial owners, assignees, transferees, lessees, occupiers or successors in tit le of the Land either at law or in equity. (c) llllllllll will, at its expense, do or cause to be done ~ch acts, d eeds, matters and things and execute or cause to be executed all docume n t s and plans as may be necessary to give proper effect to the intention of this Easement and Restrictive Covenant Agreement and to allow the registration of these easements and restrictive covenants at the Land Title Office. (d) now gives Al. can the full right of access to 't"h"e""""lnd at any time and from time to time on reasonable notice to enter on the La nd to inspect a nd ~e operations of llllllllll in order to monitor ~ s compliance with this Easement and Restrictive Covenant Agreement, provided that Alcan will not unreasonably interfere with - s use and possession of the Land in so doing. (e) None of the covenant s and agreements in this ~ent will be personal and binding on Alcan or... save and except for the t erm of their respective owners hip of any int erest in the Land or the Alcan Property WPS Page 6 of 7

9 ~ta tus : Registered Doc#: TH11580 RCVD: RQST: Page 7 of 7 Pages (f) (g) (h) f any clause in this Agreement is unenforceable, it is agreed that it wi.11 be considered deleted from the Agreement so that the rest of the Agreement can be enforced as though such clause was never included in this Agreement. f at any time Alcan does n~tly enforce the terms of this Agreement andlllllllllcould, acting reasonably, think that Alcan had waived its rights, llllllllmust inform Alcan in writing of this (and "Ar'C'a'ii'""will the~to fail to act to enforce such rights) beforellllllll can make any claim that Alcan has waived any of its rights under this Agreement. n any event, any waiver by Alcan will not be considered a waiver of a continuing breach, a similar breach or any other breach of this Agreement byllllllll any of the or its the Main END OF DOCUMENT \/PS Page 7 of 7