Common use of COMPENSATION PAID BY CANADA Clause in Contracts

COMPENSATION PAID BY CANADA. (a) In the event the Band has: (i) Purchased Entitlement Land, the title to which has been accepted by and transferred to Canada; and (ii) the same is eligible to be set apart as an Entitlement Reserve pursuant to the terms of this Agreement; and such Entitlement Land is not set apart by the Governor-in-Council notwithstanding recommendation by the Minister to do so, then the provisions of subsections (b) or (c) and the provisions of subsections (d), (e) and (f), shall, unless otherwise agreed between Canada and the Band, apply; (b) Prior to the Shortfall Acres Acquisition Date, if the consent of the Governor-In- Council is denied: (i) the Band shall forthwith confirm to Canada by means of a Band Council Resolution that none of the Band, its Members or Trustees wish to retain any interest whatsoever (whether legal, beneficial or otherwise) in respect of the Entitlement Land in question; (ii) upon receipt of such notification Canada agrees, within one hundred and twenty (120) days, to reimburse the Band and its Trustees for all reasonable Acquisition Costs incurred and paid by the Band or its Trustees in respect of the Purchase of the said Entitlement Land; (iii) Canada further agrees, within one hundred and twenty (120) days to promptly reimburse the Band for the purchase price of the affected Entitlement Land paid by the Band or its Trustees; and (iv) all amounts paid by Canada pursuant to subsections (ii) and (iii) above shall be deposited to the Band's Trust Account and shall, notwithstanding any other provision of this Agreement, or the Trust Agreement, be thereafter dealt with in the same manner as any other funds administered by the Trustees on behalf of the Band prior to the Band's Shortfall Acres Acquisition Date until the Band has actually achieved its Shortfall Acres Acquisition Date; (c) If the consent of the Governor-In-Council is denied after the Shortfall Acres Acquisition Date, the Band shall, for a period of six (6) months following receipt by the Band of written notification from Canada that the Entitlement Land in question shall, notwithstanding the recommendation of the Minister, not be set apart as an Entitlement Reserve, have the option to either: (i) have Canada, after receipt of a notification from the Band of the type contemplated in subsection (b)(i), prior to the expiration of the six (6) month period aforesaid, reimburse the Band for those amounts referred to in subsections (b)(ii) and (iii), and to pay such amounts to the Band's Trust Account within the time frames referred to therein; or (ii) have the Entitlement Land re-transferred, at Canada's cost, to the Band, without any further compensation payable by Canada to the Band in any respect; and in the event that the Band fails to elect to exercise its rights under subsection (c)(i) within six (6) months, the Band shall be deemed to have elected to retain the property and, subject only to a re-transfer thereof from Canada, shall not be entitled to any further compensation whatsoever. (d) For greater certainty, in the event that Canada has been required to reimburse the Band for the Acquisition Costs and the purchase price in respect of Entitlement Land in the manner contemplated by subsections (b) or (c), the Band agrees that Canada shall be entitled to deal with the Entitlement Land in any manner whatsoever, including the right to dispose of the same and to retain the proceeds of any sale thereof, without any claim, legal or beneficial interest of the Band, its Trustees or Members being applicable in any manner whatsoever thereto. (e) In the event of a dispute between Canada and the Band respecting the amount of reasonable Acquisition Costs, or the purchase price incurred and paid by the Band or its Trustees to Purchase the affected Entitlement Land, the same shall be referred, at the option of either party, to the Arbitration Board. (f) In the event of a reimbursement under this section, Canada agrees to pay the Band, at the time of reimbursement, an amount equivalent to the interest accrued on such reasonable Acquisition Costs and the purchase price, calculated at the Interest Rate, from the date Canada has received title to the affected Entitlement Land.

COMPENSATION PAID BY CANADA. (a) In the event the an Entitlement Band has: (i) Purchased Entitlement Land, the title to which has been accepted by and transferred to Canada; and (ii) the same is eligible to be set apart as an Entitlement Reserve pursuant to the terms of this Agreement; and such Entitlement Land is not set apart by the Governor-inIn-Council notwithstanding recommendation by the Minister to do so, then the provisions of subsections (b) or (c) and the provisions of subsections (d), (e) and (f), shall, unless otherwise agreed between Canada and the Entitlement Band, apply;. (b) Prior to the Shortfall Acres Acquisition Date, if If the consent of the Governor-In- In-Council is denieddenied prior to the Entitlement Band's Shortfall Acres Acquisition Date: (i) the Entitlement Band shall forthwith confirm to Canada by means of a Band Council Resolution that none of the Entitlement Band, its Members or Trustees wish to retain any interest whatsoever (whether legal, beneficial or otherwise) in respect of the Entitlement Land in question; (ii) upon receipt of such notification Canada agrees, within one hundred and twenty (120) days, to reimburse the Entitlement Band and its Trustees for all reasonable Acquisition Costs incurred and paid by the Entitlement Band or its Trustees in respect of the Purchase of the said Entitlement Land; (iii) Canada further agrees, within one hundred and twenty (120) days to promptly reimburse the Entitlement Band for the purchase price of the affected Entitlement Land paid by the Entitlement Band or its Trustees; and (iv) all amounts paid by Canada pursuant to subsections subparagraphs (ii) and (iii) above shall be deposited to the Entitlement Band's Trust Account and shall, notwithstanding any other provision of this Agreement, the Band Specific Agreement or the Trust Agreement, be thereafter dealt with in the same manner as any other funds administered by the Trustees on behalf of the Entitlement Band prior to the Entitlement Band's Shortfall Acres Acquisition Date until the Entitlement Band has actually achieved its Shortfall Acres Acquisition Date;. (c) If the consent of the Governor-In-Council is denied after the Shortfall Acres Acquisition Date, the Entitlement Band shall, for a period of six (6) months following receipt by the Entitlement Band of written notification from Canada that the Entitlement Land in question shall, notwithstanding the recommendation of the Minister, not be set apart as an Entitlement Reserve, have the option to either: (i) have Canada, after receipt of a notification from the Entitlement Band of the type contemplated in subsection subparagraph (b)(i), prior to the expiration of the six (6) month period aforesaid, reimburse the Entitlement Band for those amounts referred to in subsections subparagraphs (b)(ii) and (iii), and to pay such amounts to the Entitlement Band's Trust Account within the time frames referred to therein; or (ii) have the Entitlement Land re-transferred, at Canada's cost, to the Entitlement Band, without any further compensation payable by Canada to the Entitlement Band in any respect; and in the event that the Entitlement Band fails to elect to exercise its rights under subsection subparagraph (c)(i) within six (6) months, the Entitlement Band shall be deemed to have elected to retain the property and, subject only to a re-transfer thereof from Canada, shall not be entitled to any further compensation whatsoever. (d) For for greater certainty, in the event that Canada has been required to reimburse the an Entitlement Band for the Acquisition Costs and the purchase price in respect of Entitlement Land in the manner contemplated by subsections (b) or (c), the Band agrees Entitlement Bands agree that Canada shall be entitled to deal with the Entitlement Land in any manner whatsoever, including the right to dispose of the same and to retain the proceeds of any sale thereof, without any claim, legal or beneficial interest of the Entitlement Band, its Trustees or Members being applicable in any manner whatsoever thereto. (e) In the event of a dispute between Canada and the an Entitlement Band respecting the amount of reasonable Acquisition Costs, or the purchase price incurred and paid by the Entitlement Band or its Trustees to Purchase the affected Entitlement Land, the same shall be referred, at the option of either party, to the Arbitration Board. (f) In the event of a reimbursement under this section, Canada agrees to pay the Entitlement Band, at the time of reimbursement, an amount equivalent to the interest accrued on such reasonable Acquisition Costs and the purchase price, calculated at the Interest Rate, from the date Canada has received title to the affected Entitlement Land.

COMPENSATION PAID BY CANADA. (a) In the event the Band has: (i) Purchased Entitlement Land, the title to which has been accepted by and transferred to Canada; and (ii) the same is eligible to be set apart as an Entitlement Reserve pursuant to the terms of this Agreement; and such Entitlement Land is not set apart by the Governor-inIn-Council notwithstanding recommendation by the Minister to do so, then the provisions of subsections (b) or (c) and the provisions of subsections (d), (e) and (f), shall, unless otherwise agreed between Canada and the Band, apply; (b) Prior to the Shortfall Acres Acquisition Date, if If the consent of the Governor-In- In-Council is denieddenied prior to the Band's Shortfall Acres Acquisition Date: (i) the Band shall forthwith confirm to Canada by means of a Band Council Resolution that none of the Band, its Members or Trustees wish to retain any interest whatsoever (whether legal, beneficial or otherwise) in respect of the Entitlement Land in question; (ii) upon receipt of such notification Canada agrees, within one hundred and twenty (120) days, to reimburse the Band and its Trustees for all reasonable Acquisition Costs incurred and paid by the Band or its Trustees in respect of the Purchase of the said Entitlement Land; (iii) Canada further agrees, within one hundred and twenty (120) days to promptly reimburse the Band for the purchase price of the affected Entitlement Land paid by the Band or its Trustees; and (iv) all amounts paid by Canada pursuant to subsections subparagraphs (ii) and (iii) above shall be deposited to the Band's Trust Account and shall, notwithstanding any other provision of this Agreement, or the Trust Agreement, be thereafter dealt with in the same manner as any other funds administered by the Trustees on behalf of the Band prior to the Band's Shortfall Acres Acquisition Date until the Band has actually achieved its Shortfall Acres Acquisition Date; (c) If the consent of the Governor-In-Council is denied after the Shortfall Acres Acquisition Date, the Band shall, for a period of six (6) months following receipt by the Band of written notification from Canada that the Entitlement Land in question shall, notwithstanding the recommendation of the Minister, not be set apart as an Entitlement Reserve, have the option to either: (i) have Canada, after receipt of a notification from the Band of the type contemplated in subsection subparagraph (b)(i), prior to the expiration of the six (6) month period aforesaid, reimburse the Band for those amounts referred to in subsections (b)(ii) and (iii), and to pay such amounts to the Band's Trust Account within the time frames referred to therein; or (ii) have the Entitlement Land re-transferred, at Canada's cost, to the Band, without any further compensation payable by Canada to the Band in any respect; and in the event that the Band fails to elect to exercise its rights under subsection (c)(i) within six (6) months, the Band shall be deemed to have elected to retain the property and, subject only to a re-transfer thereof from Canada, shall not be entitled to any further compensation whatsoever. (d) For greater certainty, in the event that Canada has been required to reimburse the Band for the Acquisition Costs and the purchase price in respect of Entitlement Land in the manner contemplated by subsections (b) or (c), the Band agrees that Canada shall be entitled to deal with the Entitlement Land in any manner whatsoever, including the right to dispose of the same and to retain the proceeds of any sale thereof, without any claim, legal or beneficial interest of the Band, its Trustees or Members being applicable in any manner whatsoever thereto. (e) In the event of a dispute between Canada and the Band respecting the amount of reasonable Acquisition Costs, or the purchase price incurred and paid by the Band or its Trustees to Purchase the affected Entitlement Land, the same shall be referred, at the option of either party, to the Arbitration Board. (f) In the event of a reimbursement under this section, Canada agrees to pay the Band, at the time of reimbursement, an amount equivalent to the interest accrued on such reasonable Acquisition Costs and the purchase price, calculated at the Interest Rate, from the date Canada has received title to the affected Entitlement Land.six

COMPENSATION PAID BY CANADA. (a) In the event the Band has: (i) Purchased Entitlement Land, the title to which has been accepted by and transferred to Canada; and (ii) the same is eligible to be set apart as an Entitlement Reserve pursuant to the terms of this Agreement; and such Entitlement Land is not set apart by the Governor-inIn-Council notwithstanding recommendation by the Minister to do so, then the provisions of subsections (b) or (c) and the provisions of subsections (d), (e) and (f), shall, unless otherwise agreed between Canada and the Band, apply; (b) Prior to the Shortfall Acres Acquisition Date, if If the consent of the Governor-In- In-Council is denieddenied prior to the Band's Shortfall Acres Acquisition Date: (i) the Band shall forthwith confirm to Canada by means of a Band Council Resolution that none of the Band, its Members or Trustees wish to retain any interest whatsoever (whether legal, beneficial or otherwise) in respect of the Entitlement Land in question; (ii) upon receipt of such notification Canada agrees, within one hundred and twenty (120) days, to reimburse the Band and its Trustees for all reasonable Acquisition Costs incurred and paid by the Band or its Trustees in respect of the Purchase of the said Entitlement Land; (iii) Canada further agrees, within one hundred and twenty (120) days to promptly reimburse the Band for the purchase price of the affected Entitlement Land paid by the Band or its Trustees; and (iv) all amounts paid by Canada pursuant to subsections subparagraphs (ii) and (iii) above shall be deposited to the Band's Trust Account and shall, notwithstanding any other provision of this Agreement, or the Trust Agreement, be thereafter dealt with in the same manner as any other funds administered by the Trustees on behalf of the Band prior to the Band's Shortfall Acres Acquisition Date until the Band has actually achieved its Shortfall Acres Acquisition Date; (c) If the consent of the Governor-In-Council is denied after the Shortfall Acres Acquisition Date, the Band shall, for a period of six (6) months following receipt by the Band of written notification from Canada that the Entitlement Land in question shall, notwithstanding the recommendation of the Minister, not be set apart as an Entitlement Reserve, have the option to either: (i) have Canada, after receipt of a notification from the Band of the type contemplated in subsection (b)(i), prior to the expiration of the six (6) month period aforesaid, reimburse the Band for those amounts referred to in subsections (b)(ii) and (iii), and to pay such amounts to the Band's Trust Account within the time frames referred to therein; or (ii) have the Entitlement Land re-transferred, at Canada's cost, to the Band, without any further compensation payable by Canada to the Band in any respect; and in the event that the Band fails to elect to exercise its rights under subsection (c)(i) within six (6) months, the Band shall be deemed to have elected to retain the property and, subject only to a re-transfer thereof from Canada, shall not be entitled to any further compensation whatsoever. (d) For greater certainty, in the event that Canada has been required to reimburse the Band for the Acquisition Costs and the purchase price in respect of Entitlement Land in the manner contemplated by subsections (b) or (c), the Band agrees that Canada shall be entitled to deal with the Entitlement Land in any manner whatsoever, including the right to dispose of the same and to retain the proceeds of any sale thereof, without any claim, legal or beneficial interest of the Band, its Trustees or Members being applicable in any manner whatsoever thereto. (e) In the event of a dispute between Canada and the Band respecting the amount of reasonable Acquisition Costs, or the purchase price incurred and paid by the Band or its Trustees to Purchase the affected Entitlement Land, the same shall be referred, at the option of either party, to the Arbitration Board. (f) In the event of a reimbursement under this section, Canada agrees to pay the Band, at the time of reimbursement, an amount equivalent to the interest accrued on such reasonable Acquisition Costs and the purchase price, calculated at the Interest Rate, from the date Canada has received title to the affected Entitlement Land.

COMPENSATION PAID BY CANADA. (a) In the event the Band has: (i) Purchased Entitlement Land, the title to which has been accepted by and transferred to Canada; and (ii) the same is eligible to be set apart as an Entitlement Reserve pursuant to the terms of this Agreement; and such Entitlement Land is not set apart by the Governor-inIn-Council notwithstanding recommendation by the Minister to do so, then the provisions of subsections (b) or (c) and the provisions of subsections (d), (e) and (f), shall, unless otherwise agreed between Canada and the Band, apply; (b) Prior to the Shortfall Acres Acquisition Date, if If the consent of the Governor-In- In-Council is denieddenied prior to the Band's Shortfall Acres Acquisition Date: (i) the Band shall forthwith confirm to Canada by means of a Band Council Resolution that none of the Band, its Members or Trustees wish to retain any interest whatsoever (whether legal, beneficial or otherwise) in respect of the Entitlement Land in question; (ii) upon receipt of such notification Canada agrees, within one hundred and twenty (120) days, to reimburse the Band and its Trustees for all reasonable Acquisition Costs incurred and paid by the Band or its Trustees in respect of the Purchase of the said Entitlement Land; (iii) Canada further agrees, within one hundred and twenty (120) days to promptly reimburse the Band for the purchase price of the affected Entitlement Land paid by the Band or its Trustees; and (iv) all amounts paid by Canada pursuant to subsections (ii) and (iii) above shall be deposited to the Band's Trust Account and shall, notwithstanding any other provision of this Agreement, or the Trust Agreement, be thereafter dealt with in the same manner as any other funds administered by the Trustees on behalf of the Band prior to the Band's Shortfall Acres Acquisition Date until the Band has actually achieved its Shortfall Acres Acquisition Date;. (c) If the consent of the Governor-In-Council is denied after the Shortfall Acres Acquisition Date, the Band shall, for a period of six (6) months following receipt by the Band of written notification from Canada that the Entitlement Land in question shall, notwithstanding the recommendation of the Minister, not be set apart as an Entitlement Reserve, have the option to either: (i) have Canada, after receipt of a notification from the Band of the type contemplated in subsection subparagraph (b)(i), prior to the expiration of the six (6) month period aforesaid, reimburse the Band for those amounts referred to in subsections (b)(ii) and (iii), and to pay such amounts to the Band's Trust Account within the time frames referred to therein; or (ii) have the Entitlement Land re-transferred, at Canada's cost, to the Band, without any further compensation payable by Canada to the Band in any respect; and in the event that the Band fails to elect to exercise its rights under subsection (c)(i) within six (6) months, the Band shall be deemed to have elected to retain the property and, subject only to a re-transfer thereof from Canada, shall not be entitled to any further compensation whatsoever. (d) For greater certainty, in the event that Canada has been required to reimburse the Band for the Acquisition Costs and the purchase price in respect of Entitlement Land in the manner contemplated by subsections (b) or (c), the Band agrees that Canada shall be entitled to deal with the Entitlement Land in any manner whatsoever, including the right to dispose of the same and to retain the proceeds of any sale thereof, without any claim, legal or beneficial interest of the Band, its Trustees or Members being applicable in any manner whatsoever thereto. (e) In the event of a dispute between Canada and the Band respecting the amount of reasonable Acquisition Costs, or the purchase price incurred and paid by the Band or its Trustees to Purchase the affected Entitlement Land, the same shall be referred, at the option of either party, to the Arbitration Board. (f) In the event of a reimbursement under this section, Canada agrees to pay the Band, at the time of reimbursement, an amount equivalent to the interest accrued on such reasonable Acquisition Costs and the purchase price, calculated at the Interest Rate, from the date Canada has received title to the affected Entitlement Land.six