Common use of BAND RELEASE, INDEMNITY, AND FINALITY Clause in Contracts

BAND RELEASE, INDEMNITY, AND FINALITY. 15.01 RELEASE OF CANADA BY THE BAND: Subject to the provisions of sections 15.06 and 15.08, in consideration of the execution of this Agreement by the parties and in consideration of the covenants contained herein and in particular in consideration of the covenant of Canada to deposit Entitlement Monies to the Trust Account set out in section 3.02 hereof the Band and each member of the Band does hereby: (a) cede, relinquish and abandon to Canada any claim, right, title and interest which the Band and any of the Band’s Members and each of their respective heirs and successors which past, present or future Members ever had, now have, or may hereafter have by reason of, or in any way arising out of or relating to land entitlement pursuant to Treaty No. 4; (b) release and forever discharge Canada, Her servants, agents and successors from all obligations imposed on, and all promise, undertaking or representation made by Canada under Treaty No. 4 relating to land entitlement and waives any right, action or cause of action, claim, demand, damage, cost, expense, liability and entitlement of whatever nature and kind whether known or unknown which the Band or any of the Band’s Members and each of their respective heirs and successors which past, present or future Members ever had, now have, or may hereafter have against Canada by reason of or in any way arising out of Treaty No. 4 relating to land entitlement in the following part of the said Treaty: And her Majesty the Queen xxxxxx agrees, through the said commissioners, to assign reserves for said Indians, such reserves to be selected by officers of Her majesty’s Government of the Dominion of Canada appointed for that purpose, after conference with each band of the Indians, and to be of sufficient area to allow one square mile for each family of five, or in that proportion for larger or smaller families; Furthermore it is understood by the parties that this Agreement and in particular the covenants contained herein, represent full and final satisfaction of any and all obligation or undertaking of Canada relating to land entitlement contained in Treaty No. 4 and all manner of costs, legal fees, travel and expenses incurred by the Band or its representatives in negotiations relating to this Agreement; (c) notwithstanding subsections (a) and (b) above, but for greater certainty, nothing herein is intended, nor shall it be construed, as affecting any right, action or claim of the Band (other than in respect of outstanding Treaty land entitlement) including any right, claim or action in respect of any improper surrender, alienation, or other disposition by Canada of Reserve lands, claims relating to traditional Indian lands (unrelated to outstanding Treaty land entitlement), or any other right, action or claim (unrelated to outstanding Treaty land entitlement) which may now or hereafter arise and be governed by Canada’s specific claims policy. Provided, however, nothing in this section shall be interpreted as any admission or denial by Canada respecting the validity of any such actions or claims.

BAND RELEASE, INDEMNITY, AND FINALITY. 15.01 RELEASE OF CANADA BY THE BAND: Subject to the provisions of sections 15.06 and 15.08, in consideration of the execution of this Agreement by the parties and in consideration of the covenants contained herein and in particular in consideration of the covenant of Canada to deposit Entitlement Monies to the Trust Account set out in section 3.02 hereof the Band and each member of the Band does hereby: (a) cede, relinquish and abandon to Canada any claim, right, title and interest which the Band and any of the Band’s Members and each of their respective heirs and successors which past, present or future Members ever had, now have, or may hereafter have by reason of, or in any way arising out of or relating to land entitlement pursuant to Treaty No. 4; (b) release and forever discharge Canada, Her servants, agents and successors from all obligations imposed on, and all promise, undertaking or representation made by Canada under Treaty No. 4 relating to land entitlement and waives any right, action or cause of action, claim, demand, damage, cost, expense, liability and entitlement of whatever nature and kind whether known or unknown which the Band or any of the Band’s Members and each of their respective heirs and successors which past, present or future Members ever had, now have, or may hereafter have against Canada by reason of or in any way arising out of Treaty No. 4 relating to land entitlement in the following part of the said Treaty: And her Her Majesty the Queen xxxxxx hereby agrees, through the said commissioners, to assign reserves for said Indians, such reserves to be selected by officers of Her majestyMajesty’s Government of the Dominion of Canada appointed for that purpose, after conference with each band of the Indians, and to be of sufficient area to allow one square mile for each family of five, or in that proportion for larger or smaller families; Furthermore it is understood by the parties that this Agreement and in particular the covenants contained herein, represent full and final satisfaction of any and all obligation or undertaking of Canada relating to land entitlement contained in Treaty No. 4 and all manner of costs, legal fees, travel and expenses incurred by the Band or its representatives in negotiations relating to this Agreement; (c) notwithstanding subsections (a) and (b) above, but for greater certainty, nothing herein is intended, nor shall it be construed, as affecting any right, action or claim of the Band (other than in respect of outstanding Treaty land entitlement) including any right, claim or action in respect of any improper surrender, alienation, or other disposition by Canada of Reserve lands, claims relating to traditional Indian lands (unrelated to outstanding Treaty land entitlement), or any other right, action or claim (unrelated to outstanding Treaty land entitlement) which may now or hereafter arise and be governed by Canada’s specific claims policy. Provided, however, nothing in this section shall be interpreted as any admission or denial by Canada respecting the validity of any such actions or claims.

BAND RELEASE, INDEMNITY, AND FINALITY. 15.01 RELEASE OF CANADA BY THE BAND: Subject to the provisions of sections 15.06 and 15.08, in consideration of the execution of this Agreement by the parties and in consideration of the covenants contained herein and in particular in consideration of the covenant of Canada to deposit Entitlement Monies to the Trust Account set out in section 3.02 hereof the Band and each member Member of the Band does hereby: (a) cede, relinquish and abandon to Canada any claim, right, title and interest which the Band and any of the Band’s Members and each of their respective heirs and successors which past, present or future Members ever had, now have, or may hereafter have by reason of, or in any way arising out of or relating to land entitlement pursuant to Treaty No. 4; (b) release and forever discharge Canada, Her servants, agents and successors from all obligations imposed on, and all promise, undertaking or representation made by Canada under Treaty No. 4 relating to land entitlement and waives any right, action or cause of action, claim, demand, damage, cost, expense, liability and entitlement of whatever nature and kind whether known or unknown which the Band or any of the Band’s Members and each of their respective heirs and successors which past, present or future Members ever had, now have, or may hereafter have against Canada by reason of or in any way arising out of Treaty No. 4 relating to land entitlement in the following part of the said Treaty: And her Majesty the Queen xxxxxx agrees, through the said commissioners, to assign reserves for said Indians, such reserves to be selected by officers of Her majesty’s Government of the Dominion of Canada appointed for that purpose, after conference with each band of the Indians, and to be of sufficient area to allow one square mile for each family of five, or in that proportion for larger or smaller families; Furthermore it is understood by the parties that this Agreement and in particular the covenants contained herein, represent full and final satisfaction of any and all obligation or undertaking of Canada relating to land entitlement contained in Treaty No. 4 and all manner of costs, legal fees, travel and expenses incurred by the Band or its representatives in negotiations relating to this Agreement; (c) notwithstanding subsections (a) and (b) above, but for greater certainty, nothing herein is intended, nor shall it be construed, as affecting any right, action or claim of the Band (other than in respect of outstanding Treaty land entitlement) including any right, claim or action in respect of any improper surrender, alienation, or other disposition by Canada of Reserve lands, claims relating to traditional Indian lands (unrelated to outstanding Treaty land entitlement), or any other right, action or claim (unrelated to outstanding Treaty land entitlement) which may now or hereafter arise and be governed by Canada’s specific claims policy. Provided, however, nothing in this section shall be interpreted as any admission or denial by Canada respecting the validity of any such actions or claims.