NO RELIANCE ON RELEASE, INDEMNITY OR FINALITY IN CERTAIN CIRCUMSTANCES. (a) Notwithstanding sections 15.01 to 15.04, inclusive, Canada agrees that it shall not rely on the provisions thereof in respect of the Band in the event that Canada has failed, and is continuing to fail, in any material way, to comply with the following covenants in favour of the Band prior to the twelfth (12th) anniversary of the Execution Date of this Agreement, namely: (i) Canada's obligation to pay the Band's Entitlement Monies in accordance with the provisions for payment set forth in Article 3 of this Agreement; (ii) prior to the earliest of: (A) the Shortfall Acres Acquisition Date; or (B) the twelfth (12th) anniversary of the Execution Date; Canada's obligation to set apart Land as an Entitlement Reserve in accordance with the provisions hereof (subject always to compliance by the Band with the terms hereof and, in particular, the provisions set forth in Articles 4 to 9, Article 11 and Schedule 6 of this Agreement); and, for greater certainty, Canada further agrees that, prior to the earliest of the dates set forth in subparagraphs (a)(ii)(A) and (B), if any damages are incurred by the Band as the result of any default by Canada in fulfilling its other monetary obligations hereunder (including, without limitation any failure by Canada to honour any of its obligations as set forth in section 11.07 of this Agreement), the provisions of sections 15.01 to 15.04, inclusive, shall be ineffective as against any action based on Treaty land entitlement commenced by the Band, but only to the extent of such actual and unpaid damage. (b) Canada further agrees that it will not rely upon the provisions of sections 15.01 to 15.04, or subparagraph 15.06(a)(ii)(B), in the event that the Band has otherwise complied with the terms hereof and the cause for the Band's failure to reach its Shortfall Acres Acquisition Date has been as a direct result of Canada's failure to create Entitlement Reserves pursuant to this Agreement, as opposed to any non- creation of Entitlement Reserves which has been caused by the failure of Saskatchewan or the Band to honour its obligations hereunder.
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Samples: Treaty Land Entitlement Settlement Agreement, Treaty Land Entitlement Settlement Agreement, Treaty Land Entitlement Settlement Agreement
