Common use of CERTAIN CROWN OWNED MINERALS Clause in Contracts

CERTAIN CROWN OWNED MINERALS. (a) Canada and Saskatchewan agree to give favourable consideration to offers from or on behalf of the Entitlement Bands to Purchase federal or provincial Crown Minerals which are subject to a Mineral Disposition, provided that each Mineral Disposition Holder consents to such Purchase. (b) The method of payment, availability of Minerals for Purchase and the disposition of such Minerals by Canada or Saskatchewan shall be governed by the provisions of this Article and, for greater certainty, the provisions of sections 5.07 and 5.08 shall apply to Minerals in respect of which Canada is the Fee Simple Mineral Owner, subject to such changes to sections 5.07 and 5.08 as are necessary in the circumstances to accommodate Canada's ownership interest. Nothing herein (except in subsection 5.03(d)) shall be interpreted as requiring Canada or Saskatchewan to sell any Crown Minerals. (c) If an Entitlement Band indicates in writing that it wishes to Purchase any provincial or federal Crown Minerals pursuant to this Agreement, Canada and Saskatchewan agree to advise the Entitlement Band as soon as reasonably possible, but in any event within ninety (90) days of receipt of such a written request containing a description that identifies the subject property, whether or not they are prepared to sell the said Crown Minerals and to identify any conditions precedent that must be satisfied by the Entitlement Band prior to the sale being finalized. (d) If Canada or Saskatchewan agree to sell any Crown Minerals as aforesaid then for a period of eighteen (18) months following delivery by Canada or Saskatchewan of a notification to the Entitlement Band confirming their intention to sell, the identified Crown Minerals shall be available for sale to the Entitlement Band subject to an agreement (or a determination under this Agreement) respecting the purchase price and the satisfaction of any identified conditions precedent. (e) During the period referred to in subsection (d), Canada and Saskatchewan agree that they shall not (other than for the benefit of the Entitlement Band) sell or transfer any interest in, grant any Mineral Disposition, or establish any Public Purpose, in respect of any such Crown Minerals without the Entitlement Band's prior written consent, except any interests which any existing Mineral Disposition Holder is entitled to pursuant to the terms of the Mineral Disposition or provincial legislation. (f) In the event that Canada or Saskatchewan have agreed to sell any Crown Minerals to an Entitlement Band, the purchase price of such Minerals shall be determined by an independent appraiser in accordance with section 5.06. (g) Each of the Entitlement Band and the vendor of the Crown Land shall be entitled to submit any relevant information to the independent appraiser to assist in the determination of the purchase price of the Crown Minerals. (h) The cost of an appraisal under subsection (f) shall be borne by the two parties equally. (i) Failing agreement between the parties as to the selection of an independent appraiser to determine the purchase price within thirty (30) days, the independent appraiser shall be appointed by the Chairperson of the Arbitration Board upon application by one or both of the parties. (j) In the event that the purchase price of Crown Minerals has been determined by an independent appraiser, the purchase price as so determined shall be binding upon the parties and, unless otherwise agreed in writing, the transaction of purchase and sale shall be concluded based on such determination within sixty (60) days of the date such appraisal is completed unless the Entitlement Band elects not to complete such Purchase at the price determined in which case the Entitlement Band shall be obligated to forthwith cover all of the appraisal costs incurred. (k) Notwithstanding subsections (f) and the parties may agree on a price without an appraisal.

CERTAIN CROWN OWNED MINERALS. (a) Canada and Saskatchewan agree to give favourable consideration to offers from or on behalf of the Entitlement Bands Band to Purchase federal or provincial Crown Minerals which are subject to a Mineral Disposition, provided that each Mineral Disposition Holder consents to such Purchase. (b) The method of payment, availability of Minerals for Purchase and the disposition of such Minerals by Canada or Saskatchewan shall be governed by the provisions of this Article and, for greater certainty, the provisions of sections 5.07 and 5.08 shall apply to Minerals in respect of which Canada is the Fee Simple Mineral Owner, subject to such changes to sections 5.07 and 5.08 as are necessary in the circumstances to accommodate Canada's ownership interest. Nothing herein (except in subsection 5.03(d)) shall be interpreted as requiring Canada or Saskatchewan to sell any Crown Minerals. (c) If an Entitlement the Band indicates in writing that it wishes to Purchase any provincial or federal Crown Minerals pursuant to this Agreement, Canada and Saskatchewan agree to advise the Entitlement Band as soon as reasonably possible, but in any event within ninety (90) days of receipt of such a written request containing a description that identifies the subject property, whether or not they are prepared to sell the said Crown Minerals and to identify any conditions precedent that must be satisfied by the Entitlement Band prior to the sale being finalized.; (d) If Canada or Saskatchewan agree to sell any Crown Minerals as aforesaid aforesaid, then for a period of eighteen (18) months following delivery by Canada or Saskatchewan of a notification to the Entitlement Band confirming their intention to sell, the identified Crown Minerals shall be available for sale to the Entitlement Band subject to an agreement (or a determination under this Agreement) respecting the purchase price and the satisfaction of any identified conditions precedent. (e) During the period referred to in subsection (d), Canada and Saskatchewan agree that they shall not (other than for the benefit of the Entitlement Band) sell or transfer any interest in, grant any Mineral Disposition, or establish any Public Purpose, in respect of any such Crown Minerals without the Entitlement Band's prior written consent, except any interests which any existing Mineral Disposition Holder is entitled to pursuant to the terms of the Mineral Disposition or provincial legislation. (f) In the event that Canada or Saskatchewan have agreed to sell any Crown Minerals to an Entitlement Band, the purchase price of such Minerals shall be determined by an independent appraiser in accordance with section 5.06. (g) Each of the Entitlement Band and the vendor of the Crown Land shall be entitled to submit any relevant information to the independent appraiser to assist in the determination of the purchase price of the Crown Minerals. (h) The cost of an appraisal under subsection (f) shall be borne by the two parties equally. (i) Failing agreement between the parties as to the selection of an independent appraiser to determine the purchase price within thirty (30) days, the independent appraiser shall be appointed by the Chairperson of the Arbitration Board upon application by one or both of the parties. (j) In the event that the purchase price of Crown Minerals has been determined by an independent appraiser, the purchase price as so determined shall be binding upon the parties and, unless otherwise agreed in writing, the transaction of purchase and sale shall be concluded based on such determination within sixty (60) days of the date such appraisal is completed unless the Entitlement Band elects not to complete such Purchase at the price determined in which case the Entitlement Band shall be obligated to forthwith cover all of the appraisal costs incurred. (k) Notwithstanding subsections (f) and the parties may agree on a price without an appraisal.

CERTAIN CROWN OWNED MINERALS. (a) Canada and Saskatchewan agree to give favourable consideration to offers from or on behalf of the Entitlement Bands Band to Purchase federal or provincial Crown Minerals which are subject to a Mineral Disposition, provided that each Mineral Disposition Holder consents to such Purchase. (b) The method of payment, availability of Minerals for Purchase and the disposition of such Minerals by Canada or Saskatchewan shall be governed by the provisions of this Article and, for greater certainty, the provisions of sections section 5.07 and 5.08 shall apply to Minerals in respect of which Canada is the Fee Simple Mineral Owner, Owner subject to such changes to sections 5.07 and 5.08 as are necessary in the circumstances to accommodate Canada's ownership interest. Nothing herein (except in subsection 5.03(d)) shall be interpreted as requiring Canada or Saskatchewan to sell any Crown Minerals. (c) If an Entitlement the Band indicates in writing that it wishes to Purchase any provincial or federal Crown Minerals pursuant to this Agreement, Canada and Saskatchewan agree to advise the Entitlement Band as soon as reasonably possible, but in any event within ninety (90) days of receipt of such a written request request, containing a description that identifies the subject property, whether or not they are prepared to sell the said Crown Minerals and to identify any conditions precedent that must be satisfied by the Entitlement Band prior to the sale being finalized. (d) If Canada or Saskatchewan agree to sell any Crown Minerals as aforesaid aforesaid, then for a period of eighteen (18) months following delivery by Canada or Saskatchewan of a notification to the Entitlement Band confirming their intention to sell, the identified Crown Minerals shall be available for sale to the Entitlement Band subject to an agreement (or a determination under this Agreement) respecting the purchase price and the satisfaction of any identified conditions precedent. (e) During the period referred to in subsection (d), Canada and Saskatchewan agree that they shall not (other than for the benefit of the Entitlement Band) sell or transfer any interest in, grant any Mineral Disposition, or establish any Public Purpose, in respect of any such Crown Minerals without the Entitlement Band's prior written consent, except any interests which any existing Mineral Disposition Holder is entitled to pursuant to the terms of the Mineral Disposition or provincial legislation. (f) In the event that Canada or Saskatchewan have agreed to sell any Crown Minerals to an Entitlement the Band, the purchase price of such Minerals shall be determined by an independent appraiser in accordance with section 5.06. (g) Each of the Entitlement Band and the vendor of the Crown Land shall be entitled to submit any relevant information to the independent appraiser to assist in the determination of the purchase price of the Crown Minerals. (h) The cost of an appraisal under subsection (f) shall be borne by the two parties equally. (i) Failing agreement between the parties as to the selection of an independent appraiser to determine the purchase price within thirty (30) days, the independent appraiser shall be appointed by the Chairperson of the Arbitration Board upon application by one or both of the parties. (j) In the event that the purchase price of Crown Minerals has been determined by an independent appraiser, the purchase price as so determined shall be binding upon the parties and, unless otherwise agreed in writing, the transaction of purchase and sale shall be concluded based on such determination within sixty (60) days of the date such appraisal is completed unless the Entitlement Band elects not to complete such Purchase at the price determined determined, in which case the Entitlement Band shall be obligated to forthwith cover all of the appraisal costs incurred. (k) Notwithstanding subsections (f) and to (j) inclusive, the parties may agree on a price without an appraisal.