Nature of Title. The Property shall be conveyed with no warranties of title and shall be subject to all matters affecting the Property as of the Effective Date, whether of record or not, including but not limited to (i) matters which would be disclosed by a current, accurate survey of the Property; and (ii) the rights granted to third parties pursuant to any third party lease, license, permit, occupancy agreement or other agreement demising space in or providing for the use or occupancy of the Property (“Third Party Leases, Licenses and Contracts”). The Port represents and warrants that Schedule 1 attached to this Agreement and incorporated herein by this reference, contains a complete list of Third Party Leases, Licenses and Contracts of which the Port has knowledge. The County acknowledges and affirms that the Port may not hold fee simple title to the Property, that the Port's interest in all or part of the Property, if any, may rise only to the level of an easement for railroad purposes. The County is willing to accept the Property on this basis.
Nature of Title. 8.3.1 Title to Nunavik Inuit Lands shall include:
(a) all lands described in Schedules 8-1 to 8-3 above the ordinary high water xxxx but, for greater certainty, shall exclude the tidelands and the seabed;
(b) the beds of rivers, streams, lakes and other bodies of water above the tidelands;
(c) the mines and minerals that may be found to exist within, upon or under Nunavik Inuit Lands;
(d) the strip of land one hundred (100) feet in width, measured from ordinary high water xxxx or from the boundary line which, absent this provision, would be reserved to the Crown pursuant to s. 13 of the Territorial Lands Act, R.S., c.
Nature of Title. 5.3.1 Title to Cree Lands shall include:
a) all Lands described in Schedule 5-1 and Schedule 5-2 above the Ordinary High Water Xxxx without Crown reservations but, for greater certainty, shall exclude the Tidelands and the seabed;
b) the Beds of rivers, streams, lakes and other bodies of water above the Tidelands;
c) the mines and Minerals that may be found to exist within, upon or under Cree Lands;
d) the strip of land one hundred (100) feet in width, measured from the Ordinary High Water Xxxx or from the boundary line which, absent this provision, would be reserved to the Crown pursuant to section 13 of the Territorial Lands Act, R.S.C., 1985, c. T-7; and
e) for greater certainty Cree Lands shall include the exclusive use and enjoyment of any lakes, rivers, streams or any other bodies of water within or flowing through Cree Lands.
5.3.2 Title vested pursuant to subsection 5.5.1 may be referred to as “Cree title”.
5.3.3 Cree title is deemed to be held in the form of fee simple title. The form of title shall not be construed as having the effect of extinguishing or affecting any rights recognized and affirmed by section 35 of the Constitution Act, 1982 of:
a) the Crees in the EMR, and b) the Nunavik Inuit in the Cree / Inuit Overlap Area.
5.3.4 For greater certainty, Cree Lands shall be held for and on behalf of all Crees and not for an individual Cree or individual Cree Band.
Nature of Title. 9.3.1 Métis Land will be owned in fee simple by a Designated Métis Organization for the use and benefit of Métis Members and may consist of both surface and subsurface interests, as more particularly described in Schedules 9-A, 9-B, and 9-C and the certificates of title. For greater certainty, Métis Land includes Plants and Trees.
9.3.2 Unless otherwise provided in the Final Agreement, title to Métis Land will:
(a) include the Beds of lakes, rivers, and other water bodies wholly contained within the boundaries of Métis Land;
(b) where a boundary of Métis Land crosses a lake, river, or other waterbody, include the portion of the Bed of that water body within the boundaries of Métis Land; and
(c) not include the Bed of any lake, river, or other water body where the water body is shown or described as a boundary of Métis Land.
9.3.3 No person may acquire, by prescription, an estate or interest in Métis Land.
9.3.4 Any access route across Métis Land established after the Effective Date will:
(a) remain Métis Land; and
(b) not be deemed a highway or public road under Legislation, unless the NWTMN agrees otherwise.
Nature of Title. Seller will give and Purchaser will accept a title that Title Company will approve and insure subject to no exceptions other than those enumerated in this Agreement.
Nature of Title. Title to the Property shall be in fee simple and shall include all buildings and improvements of any kind and description now erected or placed thereon, if any, all tenements, hereditaments, easements, rights-of-way, appurtenances, passages, water rights, water courses, riparian rights, drainage rights and other rights, liberties and privileges thereon or in any way now or hereafter appertaining, including all of the right, title and interest of Seller in and to all public and xxxxxxx xxxxxxx, xxxxx, xxxxxxx, alleys, passageways (before and after vacation thereof) in front of or abutting the Property or any portion thereof.
Nature of Title. 5.2.1 All lands, including lands transferred under 5.1.1, within a Dehcho Community boundary held in fee simple by the Dehcho Community Government will be Dehcho Community Lands.
5.2.2 Dehcho Community Land will comprise only the surface interest, including Specified Substances and plants and trees, but will not include mines and minerals. 27 27 Tlicho Agreement provides for restrictions on subsurface development within community lands. Dehcho seeking further instructions.
5.2.3 A Dehcho Community Government may sell, mortgage, pledge for security or grant interests less than fee simple on Dehcho Community Land pursuant to a law under 4.4.1(b).
5.2.4 Except as provided for in 5.2.3, a Dehcho Community Government may not sell, pledge for security or grant fee simple interests in Dehcho Community Land pursuant to a law under 4.4.1(b).
5.2.5 If authorized by the majority of those voting in a referendum conducted by a Dehcho Community Government, that government may, sell, pledge for security or grant fee simple interests in Dehcho Community Land pursuant to a law under 4.4.1(b).
Nature of Title. The Property shall be conveyed with no warranties of title except as stated below and shall be subject to all matters affecting the Property whether of record or not including but not limited to (i) the lien of unpaid taxes not yet due and payable; (ii) matters which would be disclosed by a current, accurate survey of the Property; and (iii) the rights granted to third parties pursuant to any Third Party Lease/License. Port and County acknowledge and affirm that BNSF may not hold fee simple title to the Property, that BNSF's interest in all or part of the Property, if any, may rise only to the level of an easement for railroad purposes. Port and County are willing to accept the Property on this basis. BNSF does represent and warrant that BNSF’s ownership interest in and to the Property, even subject to the Third Party Leases/Licenses, is sufficient to permit railroad operations on the Property, including passenger railroad operations; and to permit BNSF to convey the Property as contemplated in this Agreement and the Other Agreements. Port and County acknowledge that BNSF’s predecessor in interest to the Property acquired a railroad right-of-way ownership interest in portions of the Property from the United States of America, pursuant to Section 2 of the General Right-of-Way Act of March 3, 1875, and Port and County each agrees to the conditions and limitations imposed by this General Right-of-Way Act.
Nature of Title. The Reserved Freight Easement shall be conveyed with no warranties of title and shall be subject to all matters affecting the Reserved Freight Easement whether of record or not including but not limited to (i) the lien of unpaid taxes not yet due and payable; and (ii) matters which would be disclosed by a current, accurate survey of the Freight Portion. TPO acknowledges and affirms that BNSF may not hold fee simple title to the Freight Portion, that BNSF's interest in all or part of the Freight Portion, if any, may rise only to the level of an easement for railroad purposes. TPO is willing to accept the Reserved Freight Easement on this basis. TPO acknowledges that BNSF’s predecessor in interest to the Freight Portion acquired a railroad right-of-way ownership interest in the Freight Portion from the United States of America, pursuant to Section 2 of the General Right-of-Way Act of March 3, 1875, and TPO agrees to the conditions and limitations imposed by this General Right-of-Way Act.
Nature of Title. Subject to the City’s satisfaction with or waiver of the Inspection Contingency under Paragraph 3 above, the Kirkland Segment shall be conveyed with no warranties of title (except that Port warrants it has the legal power and authority to execute and deliver the documents described in Paragraph 10.2 below) and shall be subject to all matters affecting the Kirkland Segment as of the Effective Date, whether of record or not, including but not limited to
(i) matters which would be disclosed by a current, accurate survey of the Kirkland Segment; and (ii) the rights granted to third parties pursuant to any third party lease, license, permit, occupancy agreement or other agreement demising space in or providing for the use or occupancy of the Kirkland Segment (“Third Party Leases, Licenses and Contracts”). The Port represents and warrants that Schedule 1 attached to this Agreement and incorporated herein by this reference, contains a complete list of Third Party Leases, Licenses and Contracts of which the Port has knowledge. The City acknowledges and affirms that the Port may not hold fee simple title to the Kirkland Segment, that the Port's interest in all or part of the Kirkland Segment, if any, may rise only to the level of an easement for railroad purposes. The City is willing to accept the Kirkland Segment on this basis.
