Conditions Precedent to Land Transfers. The obligation of the Province to transfer any of the Lands to the Malahat Indian Band under this Agreement is subject to:
a) there being sufficient monies available in an appropriation, as defined in the Financial Administration Act, to enable the Province in any fiscal year, when any expenditure in respect of an obligation may be required, to make that expenditure;
b) the Province and Canada reaching an agreement satisfactory to the Province, in its sole discretion, on or before the applicable ITA Date on cost sharing the value of the Lands for treaty settlement purposes;
Conditions Precedent to Land Transfers. In addition to and without limiting the conditions precedent under 5.2, British Columbia’s obligation to transfer the Lands to HRFN is subject to:
(a) Adequate Surveys for the Lands having been completed on or before the applicable Closing Date;
(b) if the Lands are transferred in phases, all obligations of HRFN and the Designated Entity having been fully performed in accordance with this Agreement with respect to all previously transferred Lands; and
(c) British Columbia having given notice that the minister responsible has authorized the disposition of the Lands in accordance with provincial law.
Conditions Precedent to Land Transfers. In addition to and without limiting the conditions precedent under 5.2, British Columbia’s obligation to transfer the Lands to PRFN is subject to:
(a) where any portions of the Lands are not surveyed or have to be re- surveyed, Adequate Surveys for the Lands having been completed on or before the applicable Closing Date;
(b) if the Lands are transferred in phases, all obligations of PRFN and the Designated Entity having been fully performed in accordance with this Agreement with respect to all previously transferred Lands; and
(c) British Columbia having given notice that the minister responsible has authorized the disposition of the Lands in accordance with provincial law.
Conditions Precedent to Land Transfers. The obligation of the Province to transfer any of the Lands to the Nanoose Indian Band under this Agreement is subject to:
a) there being sufficient monies available in an appropriation, as defined in the Financial Administration Act, to enable the Province in any fiscal year, when any expenditure in respect of an obligation may be required, to make that expenditure;
b) the Province and Canada reaching an agreement satisfactory to the Province, in its sole discretion, on cost sharing the value of the Lands for treaty settlement purposes;
Conditions Precedent to Land Transfers. The obligation of the Province to transfer any of the ITA Lands to We Wai Kai under this Agreement is, with respect to each parcel of ITA Lands, subject to:
a) there being sufficient monies available in an appropriation, as defined in the Financial Administration Act, to enable the Province in any fiscal year, when any expenditure in respect of an obligation may be required, to make that expenditure;
b) the Province and Canada reaching an agreement satisfactory to the Province, in its sole discretion, on cost sharing the value of the ITA Lands for Treaty settlement purposes;
Conditions Precedent to Land Transfers. The obligation of the Province to transfer any of the Lands to Xxx Xxx Kum under this Agreement is, with respect to each parcel of Lands, subject to:
a) there being sufficient monies available in an appropriation, as defined in the Financial Administration Act, to enable the Province in any fiscal year, when any expenditure in respect of an obligation may be required, to make that expenditure;
b) the Province and Canada reaching an agreement satisfactory to the Province, in its sole discretion, on cost sharing the value of the Lands for treaty settlement purposes;
c) the representations and warranties of Xxx Xxx Kum under this Agreement being true and correct on and up to the applicable Closing Date;
d) the Province being satisfied that, with respect to each transfer of the Lands, it has fulfilled any procedural obligations to consult it may have with respect to assertions of Aboriginal Rights to the Lands by First Nations other than Xxx Xxx Kum;
e) surveys for the Lands having been completed on or before the applicable Closing Date;
f) the parties having reached an agreement in accordance with Article 8 on the Permitted Encumbrances, including completion of agreements with interest holders as necessary;
g) the Province having notified Xxx Xxx Kum that the Minister responsible has authorized the disposition of the Lands in accordance with provincial law; and
h) the Province receiving from Xxx Xxx Kum confirmation of the Designated Company that will take fee simple title to the Lands under section 6.1.
Conditions Precedent to Land Transfers. In addition to and without limiting the generality of the conditions precedent under 6.2, the Province’s obligation to transfer any of the Lands to the shíshálh Nation or a Designated Company under this Agreement is, with respect to each of the Lands, subject to:
a) surveys for the Lands having been completed and approved by the Surveyor General in accordance with provincial laws on or before the applicable Closing Date;
b) the Province being satisfied that it has taken all acts necessary to ensure that access to Excluded Crown Corridors on and to Crown lands beyond the Lands will continue after transfer of the Lands to the shíshálh Nation;
c) the Province having given notice that the minister responsible has authorized the disposition of the Lands in accordance with provincial law;
d) if the Lands are transferred in phases, all obligations of the shíshálh Nation and the Designated Company having been fully performed in accordance with this Agreement with respect to the previously transferred Lands; and
e) the representations and warranties of the shíshálh Nation under this Agreement being true and correct on the applicable Closing Date.
Conditions Precedent to Land Transfers. The obligation of the Province to transfer the Lands under this Agreement is subject to:
a) there being sufficient monies available in an appropriation, as defined in the Financial Administration Act, to enable the Province in any fiscal year, when any expenditure in respect of an obligation may be required, to make that expenditure;
b) shíshálh Nation being in compliance with its material obligations under the Foundation Agreement;
c) the representations and warranties of shíshálh Nation and kwikwil under this Agreement and the Foundation Agreement being true and correct on and up to the applicable Closing Date;
d) in respect of all previously transferred Lands, all material obligations of shíshálh Nation and kwikwil having been fully performed in accordance with this Agreement;
e) for the DL 7613 Lands, the Province and kwikwil having reached agreement in accordance with Article 7 on the Permitted Encumbrances applicable to the DL 7613 Lands that are described in Schedule 4 Part 2 but are subject to agreements with interest holders being concluded and updating and amending Schedule 4 Part 2 accordingly;
f) for the DL 2725 Lands, the Province and kwikwil having reached agreement in accordance with Article 7 on the Permitted Encumbrances applicable to the DL 2725 Lands that are described in Schedule 4 Part 3 but are subject to agreements with interest holders being concluded and updating and amending Schedule 4 Part 3 accordingly;
g) for the DL 1592 Lands, the Province and shíshálh Nation having reached agreement in accordance with Article 7 on the Permitted Encumbrances applicable to the DL 1592 Lands, including completion of agreements with interest holders as necessary, and updating and amending Schedule 4 Part 4 accordingly;
h) for the DL 1592 Lands, the Province and shíshálh Nation reaching agreement in accordance with Article 7 on the location and size of any Crown Corridors for the DL 1592 Lands;
i) legal surveys for the applicable Lands having been completed on or before the applicable Closing Date;
j) the minister responsible having authorized the disposition of the applicable Lands in accordance with Provincial Law;
k) any and all necessary subdivision approvals having been obtained for the applicable Lands; and
l) the Province being satisfied that it has undertaken sufficient inter-ministry consultation with respect to the transfer of the applicable Lands, including obtaining Cabinet approval.
Conditions Precedent to Land Transfers. The obligation of the Province to transfer any of the Lands to the Beecher Bay Indian Band under this Agreement is subject to:
a) there being sufficient monies available in an appropriation, as defined in the Financial Administration Act, to enable the Province in any fiscal year, when any expenditure in respect of an obligation may be required, to make that expenditure;
b) the Province and Canada reaching an agreement satisfactory to the Province, in its sole discretion, on or before the applicable ITA Date on cost sharing the value of the Lands for treaty settlement purposes;
c) the representations and warranties of the Beecher Bay Indian Band under this Agreement being true and correct on the applicable Closing Date;
d) the Beecher Bay Indian Band having complied with all covenants of the Beecher Bay Indian Band under this Agreement on the applicable Closing Date;
e) in respect of all previously transferred Lands, all obligations of the Beecher Bay Indian Band and the Designated Company having been fully performed in accordance with this Agreement;
f) surveys for the Lands having been completed on or before the applicable Closing Date; and
g) the Province having given notice that the minister responsible has authorized the disposition of the Lands in accordance with Provincial Law.
Conditions Precedent to Land Transfers to mean and include the Replacement Lands as defined in this Agreement and or in a final Treaty or a further amending Agreement made subsequent to the execution of this Agreement;
g) Amending Article
