Common use of MINISTERIAL DISCRETION Clause in Contracts

MINISTERIAL DISCRETION. (a) The parties agree that, subject to compliance by the Band and its Trustees with the provisions of this Agreement (and in particular sections 4.01 to 4.04, inclusive, and sections 5.01 and 8.02 hereof), Entitlement Land may at any time be Purchased from a third party without the prior consent or involvement in any way of Canada or Saskatchewan. Approval for the transfer of title to Canada shall, however, be subject to the terms of this Agreement and, in particular and, without limitation, this Article and Schedule 6. (b) In the event Entitlement Land has not been Purchased by the Band or its Trustees in strict compliance with the provisions of this Agreement and, in particular, Schedule 6 and sections 11.02 and 11.03 hereof, the Minister may, in any event, in the Minister's sole and unfettered discretion, recommend to the Governor-in- Council that the Entitlement Land be accepted in the name of Canada and be set apart as an Entitlement Reserve. (c) Notwithstanding any other provision of this Agreement, it is hereby expressly acknowledged and agreed by the Band that Canada shall have no obligation whatsoever to accept any Entitlement Land (including an assignment of the Purchaser's interest under an Agreement to Purchase) that has not been acquired in strict compliance with the provisions of this Agreement or to exercise an option to purchase such Land or acquire title to such Land, and the Minister shall, in any such case, be under no obligation whatsoever to make such recommendation or request to have such Entitlement Land set apart as an Entitlement Reserve. (d) Without limiting the generality of the foregoing, any loss occasioned by the Band or the Trustees as the direct or indirect result of any failure to acquire Entitlement Land in strict compliance herewith shall be borne exclusively by the Band and/or the Trustees.

MINISTERIAL DISCRETION. (a) The parties agree that, subject to compliance by the an Entitlement Band and its Trustees with the provisions terms and conditions of its Band Specific Agreement, Trust Agreement and this Agreement (and in particular sections 4.01 to 4.04, inclusive, and sections 5.01 and 8.02 hereof), Entitlement Land may at any time be Purchased from a third party without the prior consent or involvement in any way of Canada or Saskatchewan. Approval for the transfer of title to Canada shall, however, be subject to the terms of this Agreement and, in particular and, without limitation, this Article and Schedule 6. (b) In the event Entitlement Land has not been Purchased by the an Entitlement Band or its Trustees in strict compliance with the provisions of this Agreement, its Trust Agreement and Band Specific Agreement and, in particular, Schedule 6 and sections 11.02 and 11.03 hereof, the Minister may, in any event, in the Minister's sole and unfettered discretion, recommend to the Governor-in- In-Council that the Entitlement Land be accepted in the name of Canada and be set apart as an Entitlement Reserve. (c) Notwithstanding any other provision of this Agreement, it is hereby expressly acknowledged and agreed by each of the Band Entitlement Bands that Canada shall have no obligation whatsoever to accept any Entitlement Land (including an via assignment of the Purchaser's interest under an Agreement to Purchase) that has not been acquired in strict compliance with the provisions of this Agreement Agreement, or to exercise an option to purchase such Land or acquire title to such Land, and the Minister shall, in any such case, be under no obligation whatsoever to make such recommendation or request to have such Entitlement Land set apart as an Entitlement Reserve. (d) Without limiting the generality of the foregoing, any loss occasioned by the any Entitlement Band or the its Trustees as the direct or indirect result of any failure to acquire Entitlement Land in strict compliance herewith shall be borne exclusively by the such Entitlement Band and/or the its Trustees.

MINISTERIAL DISCRETION. (a) The parties agree that, subject to compliance by the Band and its Trustees with the provisions terms and conditions of its Trust Agreement and this Agreement (and in particular sections 4.01 to 4.04, inclusive, and sections 5.01 and 8.02 hereof), Entitlement Land may at any time be Purchased from a third party without the prior consent or involvement in any way of Canada or Saskatchewan. Approval for the transfer of title to Canada shall, however, be subject to the terms of this Agreement and, in particular and, without limitation, this Article and Schedule 65. (b) In the event Entitlement Land has not been Purchased by the Band or its Trustees in strict compliance with the provisions of this Agreement, and the Trust Agreement and, in particular, Schedule 6 5 and sections 11.02 and 11.03 hereof, the Minister may, in any event, in the Minister's sole and unfettered discretion, recommend to the Governor-in- In-Council that the Entitlement Land be accepted in the name of Canada and be set apart as an Entitlement Reserve. (c) Notwithstanding any other provision of this Agreement, it is hereby expressly acknowledged and agreed by the Band that Canada shall have no obligation whatsoever to accept any Entitlement Land (including an assignment of the Purchaser's interest under an Agreement to Purchase) that has not been acquired in strict compliance with the provisions of this Agreement or to exercise an option to purchase such Land or acquire title to such Land, and the Minister shall, in any such case, be under no obligation whatsoever to make such recommendation or request to have such Entitlement Land set apart as an Entitlement Reserve. (d) Without limiting the generality of the foregoing, any loss occasioned by the Band or the Trustees as the direct or indirect result of any failure to acquire Entitlement Land in strict compliance herewith shall be borne exclusively by the Band and/or the Trustees.

MINISTERIAL DISCRETION. (a) The parties agree that, subject to compliance by the Band and its Trustees with the provisions terms and conditions of its Trust Agreement and this Agreement (and in particular sections 4.01 to 4.04, inclusive, and sections 5.01 and 8.02 hereof), Entitlement Land may at any time be Purchased from a third party without the prior consent or involvement in any way of Canada or Saskatchewan. Approval for the transfer of title to Canada shall, however, be subject to the terms of this Agreement and, in particular and, without limitation, this Article and Schedule 63. (b) In the event Entitlement Land has not been Purchased by the Band or its Trustees in strict compliance with the provisions of this Agreement, and the Trust Agreement and, in particular, Schedule 6 3 and sections 11.02 and 11.03 hereof, the Minister may, in any event, in the Minister's sole and unfettered discretion, recommend to the Governor-in- In-Council that the Entitlement Land be accepted in the name of Canada and be set apart as an Entitlement Reserve. (c) Notwithstanding any other provision of this Agreement, it is hereby expressly acknowledged and agreed by the Band that Canada shall have no obligation whatsoever to accept any Entitlement Land (including an via assignment of the Purchaser's interest under an Agreement to Purchase) that has not been acquired in strict compliance with the provisions of this Agreement Agreement, or to exercise an option to purchase such Land or acquire title to such Land, and the Minister shall, in any such case, be under no obligation whatsoever to make such recommendation or request to have such Entitlement Land set apart as an Entitlement Reserve. (d) Without limiting the generality of the foregoing, any loss occasioned by the Band or the its Trustees as the direct or indirect result of any failure to acquire Entitlement Land in strict compliance herewith shall be borne exclusively by the Band and/or the its Trustees.