Common use of PRINCIPLE UNDERLYING SALE OF CROWN LANDS Clause in Contracts

PRINCIPLE UNDERLYING SALE OF CROWN LANDS. (a) Canada, Saskatchewan and the Entitlement Bands agree that, except as otherwise specifically provided herein, transactions involving the sale by Canada or Saskatchewan of federal or provincial Crown Lands (including federal or provincial Crown Improvements in respect thereof) shall be governed by the principle of "willing seller/willing buyer". (b) If an Entitlement Band indicates in writing that it wishes to Purchase any provincial or federal Crown Land or Crown Improvements pursuant to this Agreement, Canada and Saskatchewan agree to advise the Entitlement Band as soon as reasonably possible, but in any event within ninety (90) days of receipt of a written request containing a description that identifies the subject property, whether or not they are prepared to sell the said Crown Lands or Crown Improvements, and to identify any conditions precedent that must be satisfied by the Entitlement Band prior to the sale being finalized. (c) If Canada or Saskatchewan agree to sell any federal or provincial Crown Lands or Crown Improvements as aforesaid, then for a period of eighteen(18) months following delivery by Canada or Saskatchewan of a notification to the Entitlement Band confirming their intention to sell, the identified Crown Lands or Crown Improvements shall be available for sale to the Entitlement Band, subject only to an agreement (or a determination hereunder) respecting the purchase price and satisfaction of any applicable conditions precedent. (d) During the eighteen (18) month period referred to in subsection (c), neither Canada nor Saskatchewan shall (other than for the benefit of the Entitlement Band) permit the sale of such federal or provincial Crown Lands or Crown Improvements, or grant any Third Party Interests in respect thereof without the prior written consent of the Entitlement Band, except: (i) any interests which any existing Third Party Interest Holder is entitled to pursuant to the terms of a contractual arrangement with Saskatchewan or Canada or pursuant to provincial legislation; (ii) Public Utility Easements; or (iii) any new Third Party Interest with 4 term of less than one (1) year. (e) In the event that Canada or Saskatchewan have agreed to sell any Crown Lands or Crown Improvements to an Entitlement Band, the purchase price shall be equal to the fair market value of the Crown Lands or Crown Improvements as determined by an independent appraiser. (f) The cost of an appraisal under subsection (e) shall be borne by the two parties equally. (g) Failing agreement between the parties as to the selection of an independent appraiser within thirty (30) days, the independent appraiser shall be appointed by the Chairperson of the Arbitration Board upon application by one or both of the parties. (h) In the event that the fair market value of Crown Lands or Crown Improvements has been determined by an independent appraiser, the purchase price as so determined shall be binding on the parties and, unless otherwise agreed in writing, the transaction of. Purchase and sale shall be concluded based on such determination within sixty (60) days of the date such appraisal is completed unless the Entitlement Band elects not to complete such Purchase at the price determined, in which case the Entitlement Band shall be obligated to forthwith cover all of the appraisal costs incurred. (i) Notwithstanding subsections (e) to (h) inclusive, the parties may agree on a purchase price without an appraisal.

PRINCIPLE UNDERLYING SALE OF CROWN LANDS. (a) Canada, Saskatchewan and the Entitlement Bands Band agree that, except as otherwise specifically provided herein, transactions involving the sale by Canada or Saskatchewan of federal or provincial Crown Lands (including federal or provincial Crown Improvements in respect thereof) shall be governed by the principle of "willing seller/willing buyer". (b) If an Entitlement the Band indicates in writing that it wishes to Purchase any provincial or federal Crown Land or Crown Improvements pursuant to this Agreement, Canada and Saskatchewan agree to advise the Entitlement Band as soon as reasonably possible, but in any event within ninety (90) days of receipt of a written request containing a description that identifies the subject property, whether or not they are prepared to sell the said Crown Lands or Crown Improvements, and to identify any conditions precedent that must be satisfied by the Entitlement Band prior to the sale being finalized. (c) If Canada or Saskatchewan agree to sell any federal or provincial Crown Lands or Crown Improvements as aforesaid, then for a period of eighteen(18eighteen (18) months following delivery by Canada or Saskatchewan of a notification to the Entitlement Band confirming their intention to sell, the identified Crown Lands or Crown Improvements shall be available for sale to the Entitlement Band, subject only to an agreement (or a determination hereunder) respecting the purchase price and satisfaction of any applicable conditions precedent. (d) During the eighteen (18) month period referred to in subsection (c), neither Canada nor Saskatchewan shall (other than for the benefit of the Entitlement Band) permit the sale of such federal or provincial Crown Lands or Crown Improvements, or grant any Third Party Interests in respect thereof without the prior written consent of the Entitlement Band, except: (i) any interests which any existing Third Party Interest Holder is entitled to pursuant to the terms of a contractual arrangement with Saskatchewan or Canada or pursuant to provincial legislation; (ii) Public Utility Easements; or (iii) any new Third Party Interest with 4 a term of less than one (1) year. (e) In the event that Canada or Saskatchewan have agreed to sell any Crown Lands or Crown Improvements to an Entitlement the Band, the purchase price shall be equal to the fair market value of the Crown Lands or Crown Improvements as determined by an independent appraiser. (f) The cost of an appraisal under subsection (e) shall be borne by the two parties equally. (g) Failing agreement between the parties as to the selection of an independent appraiser within thirty (30) days, the independent appraiser shall be appointed by the Chairperson chairperson of the Arbitration Board upon application by one or both of the parties. (h) In the event that the fair market value of Crown Lands or Crown Improvements has been determined by an independent appraiser, the purchase price as so determined shall be binding on the parties and, unless otherwise agreed in writing, the transaction of. Purchase and sale Band shall be concluded based on such determination within have a period of sixty (60) days from the date of the date appraisal to conclude such appraisal is completed unless transaction of purchase and sale based on such determination. (i) In the Entitlement event that the Band elects not to complete such Purchase purchase the Crown Lands or Crown Improvements at the price determineddetermined by the appraiser, in which case then the Entitlement Band shall be obligated to forthwith cover all of the appraisal costs incurred. (ij) Notwithstanding subsections (e) to (hi) inclusive, the parties may agree on a purchase price without an appraisal.

PRINCIPLE UNDERLYING SALE OF CROWN LANDS. (a) Canada, Saskatchewan and the Entitlement Bands Band agree that, except as otherwise specifically provided herein, transactions involving the sale by Canada or Saskatchewan of federal or provincial Crown Lands (including federal or provincial Crown Improvements in respect thereof) shall be governed by the principle of "willing seller/willing buyer". (b) If an Entitlement the Band indicates in writing that it wishes to Purchase any provincial or federal Crown Land or Crown Improvements pursuant to this Agreement, Canada and Saskatchewan agree to advise the Entitlement Band as soon as reasonably possible, but in any event within ninety (90) days of receipt of a written request containing a description that identifies the subject property, whether or not they are prepared to sell the said Crown Lands or Crown Improvements, and to identify any conditions precedent that must be satisfied by the Entitlement Band prior to the sale being finalized. (c) If Canada or Saskatchewan agree to sell any federal or provincial Crown Lands or Crown Improvements as aforesaid, then for a period of eighteen(18) months following delivery by Canada or Saskatchewan of a notification to the Entitlement Band confirming their intention to sell, the identified Crown Lands or Crown Improvements shall be available for sale to the Entitlement Band, subject only to an agreement (or a determination hereunder) respecting the purchase price and satisfaction of any applicable conditions precedent. (d) During the eighteen (18) month period referred to in subsection (c), neither Canada nor Saskatchewan shall (other than for the benefit of the Entitlement Band) permit the sale of such federal or provincial Crown Lands or Crown Improvements, or grant any Third Party Interests in respect thereof without the prior written consent of the Entitlement Band, except: (i) any interests which any existing Third Party Interest Holder is entitled to pursuant to the terms of a contractual arrangement with Saskatchewan or Canada or pursuant to provincial legislationlegislation or pursuant to the policy of Saskatchewan; (ii) Public Utility Easements; or (iii) any new Third Party Interest with 4 a term of less than not exceeding one (1) year. (e) In the event that Canada or Saskatchewan have agreed to sell any Crown Lands or Crown Improvements to an Entitlement the Band, the same may be Purchased by the Band, and the purchase price shall be equal to the fair market value of the Crown Lands or Crown Improvements as determined by an independent appraiser. (f) The cost of an appraisal under subsection (e) shall be borne by the two parties equally. (g) Failing agreement between the parties as to the selection of an independent appraiser within thirty (30) days, the independent appraiser shall be appointed by the Chairperson of the Arbitration Board upon application by one or both of the parties. (h) In the event that the fair market value of Crown Lands or Crown Improvements has been determined by an independent appraiser, the purchase price as so determined shall be binding on the parties and, unless otherwise agreed in writing, the transaction of. Purchase and sale Band shall be concluded based on such determination within have a period of sixty (60) days from the date of the date appraisal to conclude such appraisal is completed unless transaction of purchase and sale based on such determination. (i) In the Entitlement event that the Band elects not to complete such Purchase purchase the Crown Lands or Crown Improvements at the price determineddetermined by the appraiser, in which case then the Entitlement Band shall be obligated to forthwith cover all of the appraisal costs incurred. (ij) Notwithstanding subsections (e) to (hi) inclusive, the parties may agree on a purchase price without an appraisal.

PRINCIPLE UNDERLYING SALE OF CROWN LANDS. (a) Canada, Saskatchewan and the Entitlement Bands Band agree that, except as otherwise specifically provided herein, transactions involving the sale by Canada or Saskatchewan of federal or provincial Crown Lands (including federal or provincial Crown Improvements in respect thereof) shall be governed by the principle of "willing seller/willing buyer". (b) If an Entitlement the Band indicates in writing that it wishes to Purchase any provincial or federal Crown Land or Crown Improvements pursuant to this Agreement, Canada and Saskatchewan agree to advise the Entitlement Band as soon as reasonably possible, but in any event within ninety (90) days of receipt of a written request containing a description that identifies the subject property, whether or not they are prepared to sell the said Crown Lands or Crown Improvements, and to identify any conditions precedent that must be satisfied by the Entitlement Band prior to the sale being finalized. (c) If Canada or Saskatchewan agree to sell any federal or provincial Crown Lands or Crown Improvements as aforesaid, then for a period of eighteen(18) months following delivery by Canada or Saskatchewan of a notification to the Entitlement Band confirming their intention to sell, the identified Crown Lands or Crown Improvements shall be available for sale to the Entitlement Band, subject only to an agreement (or a determination hereunder) respecting the purchase price and satisfaction of any applicable conditions precedent. (d) During the eighteen (18) month period referred to in subsection (c), neither Canada nor Saskatchewan shall (other than for the benefit of the Entitlement Band) permit the sale of such federal or provincial Crown Lands or Crown Improvements, or grant any Third Party Interests in respect thereof without the prior written consent of the Entitlement Band, except: (i) any interests which any existing Third Party Interest Holder is entitled to pursuant to the terms of a contractual arrangement with Saskatchewan or Canada or pursuant to provincial legislationlegislation or pusuant to the policy of Saskatchewan; (ii) Public Utility Easements; or (iii) any new Third Party Interest with 4 a term of less than not exceeding one (1) year. (e) In the event that Canada or Saskatchewan have agreed to sell any Crown Lands or Crown Improvements to an Entitlement the Band, the same may be Purchased by the Band, and the purchase price shall be equal to the fair market value of the Crown Lands or Crown Improvements as determined by an independent appraiser. (f) The cost of an appraisal under subsection (e) shall be borne by the two parties equally. (g) Failing agreement between the parties as to the selection of an independent appraiser within thirty (30) days, the independent appraiser shall be appointed by the Chairperson of the Arbitration Board upon application by one or both of the parties. (h) In the event that the fair market value of Crown Lands or Crown Improvements has been determined by an independent appraiser, the purchase price as so determined shall be binding on the parties and, unless otherwise agreed in writing, the transaction of. Purchase and sale Band shall be concluded based on such determination within have a period of sixty (60) days from the date of the date appraisal to conclude such appraisal is completed unless transaction of purchase and sale based on such determination. (i) in the Entitlement event that the Band elects not to complete such Purchase purchase the Crown Lands or Crown Improvements at the price determineddetermined by the appraiser, in which case then the Entitlement Band shall be obligated to forthwith cover all of the appraisal apraisal costs incurred. (ij) Notwithstanding subsections (e) to (hi) inclusive, the parties may agree on a purchase price without an appraisal.