SHORTFALL ACRES TO INCLUDE ALL MINERALS Sample Clauses

SHORTFALL ACRES TO INCLUDE ALL MINERALS. (a) The Band agrees that, prior to the Shortfall Acres Acquisition Date, all Entitlement Land Purchased shall include all Minerals and shall be free and clear of all Mineral Dispositions and, in the case of Land in respect of which all the underlying Minerals are owned by the provincial or federal Crown, such Minerals shall not, in the case of provincial Crown Minerals, be the subject of any Public Purposes Plan. (b) Notwithstanding subsection (a) above, prior to the Shortfall Acres Acquisition Date, the surface of Entitlement Land may be Purchased without acquiring all, or any, of the underlying Minerals, provided however: (i) the eligibility of such Entitlement Land to become an Entitlement Reserve shall be subject to the terms and conditions of this Agreement, including, without limitation, the terms of section 4.03, this Article, Article 8 and Article 11; and (ii) in any event, the aggregate surface area of all Entitlement Land Purchased without acquiring all, or any, of the underlying Minerals prior to the Shortfall Acres Acquisition Date, shall not exceed Four Thousand (4,000) acres.
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SHORTFALL ACRES TO INCLUDE ALL MINERALS. The Entitlement Bands agree that, prior to their Shortfall Acres Acquisition Date, all Entitlement Land Purchased shall include all Minerals and shall be free and clear of all Mineral Dispositions and, in the case of Land in respect of which all the underlying Minerals are owned by the provincial or federal Crown, such Minerals shall not, in the case of provincial Crown Minerals, be the subject of any Public Purposes Plan.
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SHORTFALL ACRES TO INCLUDE ALL MINERALS. (a) The Band agrees that subject to subsection (b), prior to their Shortfall Acres Acquisition Date, all Entitlement Land Purchased shall include all Minerals and shall be free and clear of all Mineral Dispositions and, in the case of Land in respect of which all the underlying Minerals are owned by the provincial or federal Crown, such Minerals shall not, in the case of provincial Crown Minerals, be the subject of any Public Purposes Plan. (b) Prior to the Band's Shortfall Acres Acquisition Date, the surface of Land that is not situate within an Urban Municipality may be Purchased without acquiring all, or any, of the underlying Minerals, provided, however: (i) eligibility of such Land for creation as an Entitlement Reserve shall be subject to and in accordance with the terms and conditions of this Agreement, and further, none of such Land shall be set apart as Entitlement Reserve until after the Band's Shortfall Acres Acquisition Date; (ii) the portion of the Trust Property at the time of such Purchase on deposit in the Trust Account (which includes, for greater certainty, the funds invested in investment instruments purchased utilizing monies from the Trust Account and all accrued interest thereon) less the purchase price of the surface of such Land to be Purchased, must exceed, the result obtained by multiplying the average Price per acre paid for all Entitlement Land Purchased that includes all Minerals, by, the number of acres that is equal to the difference between the Shortfall Acres and the area of Land expressed in acres that has at the time of such Purchase been set apart as Entitlement Reserve or Entitlement Reserves, by, one and one-half; (iii) in any event, the aggregate surface area of all Land Purchased without acquiring all, or any, of the underlying Minerals prior to the Shortfall Acres Acquisition Date shall not exceed 640 acres.
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SHORTFALL ACRES TO INCLUDE ALL MINERALS. (a) The Band agrees that subject to subsection (b), prior to their Shortfall Acres Acquisition Date, all Entitlement Land Purchased shall include all Minerals and shall be free and clear of all Mineral Dispositions and, in the case of Land in respect of which all the underlying Minerals are owned by the provincial or federal Crown, such Minerals shall not, in the case of provincial Crown Minerals, be the subject of any Public Purposes Plan. (b) Prior to the Band’s Shortfall Acres Acquisition Date and subject to the upper limit requires for secton 4.03, the surface of the Land may be purchased without acquiring all, or any, of the underlying Minerals, provided however: (i) eligibility of such land for creation as an Entitlement Reserve shall be subject to and in accordance with the terms and conditions of this Agreement; (ii) in any event, the aggregate surface area of all land purchased without acquiring all, or any, of the underlying minerals prior to the Shortfall Acres Acquisition Date, shall not exceed 4,000 acres.
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Related to SHORTFALL ACRES TO INCLUDE ALL MINERALS

  • Ineligible Costs The Recipient agrees that, except as the Federal Government determines otherwise in writing, FTA will exclude ineligible costs incurred in connection with the Award or otherwise, such as: (1) A cost the Recipient has incurred before the Effective Date of the Award as documented in the Underlying Agreement or any Amendments thereto that is not accompanied by FTA’s written approval, including, but not limited to, pre-award authority or a Letter of No Prejudice, and permitted by applicable federal law, regulation, guidance, or the Underlying Agreement or any Amendments thereto; (2) A cost not included in the most recent Award Budget; (3) A cost for property or services received in connection with any third party agreement lacking any FTA approval or concurrence in writing that is required; (4) An ordinary governmental or operating cost not applicable to the Award, as prohibited by 49 U.S.C. § 5323(h)(1); (5) A profit or fee for services provided by the Recipient or any of its Subrecipients in implementing the Award; or (6) A cost that is ineligible for FTA participation as provided in applicable federal law, regulation, requirement, or guidance.

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