Common use of SHORTFALL ACRES TO INCLUDE ALL MINERALS Clause in Contracts

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.

Appears in 5 contracts

Samples: Treaty Land Entitlement Settlement Agreement, Treaty Land Entitlement Settlement Agreement, Treaty Land Entitlement Settlement Agreement

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