Pursuant to Article 3 of the United Nations Commission on International Trade Law ('UNCITRAL Rules of Arbitration) and Articles I II6 and 1120 of the North American Free Trade Agreement ("'NAFTA .. ), the Investor, MESA POWER GROUP, LLC,  initiate recourse to arbitration under the UNCITRAL Rules of Arbitration (Resolution 31/98 Adopted by the General Assembly on December 15, I976).

A. DEMAND THAT THE DISPUTE BE REFERRED TO ARBITRATION

 I. Pursuant to Article 1120( I)( c) of the NAFT A. the Investor hereby demands that the dispute between it and the Government of Canada ("'Canada'') be referred to arbitration under the UNCITRAL Arbitration Rules.

2. Pursuant to Article III9 of the NAFT A, the Investor delivered a Notice of Intent to Submit a Claim to Arbitration to Canada on July 6. 20 II, more than ninety days prior to the submission of this claim.

3. Pursuant to Article 1121 of the NAFT A. the Investor consents to arbitration in accordance with the procedures set out in the NAFTA. The Investor hereby waives its right to initiate or continue before any administrative tribunal or any court, or any other dispute settlement procedures, any proceedings with respect to the measures outlined herein, except f()r proceedings for injunctive, declaratory or other extraordinary relief, not involving payment of damages, before an administrative tribunal or court under the laws of Canada. The Investor's executed consent and waiver, and the Investments' waivers, are attached to this Notice of Arbitration. 1