Common use of SURFACE ACCESS Clause in Contracts

SURFACE ACCESS. The Entitlement Bands agree that, from and after their Shortfall Acres Acquisition Date, where Entitlement Land has been Purchased and all Minerals have not been Purchased or all Mineral Dispositions have not been removed, or arrangements satisfactory to Canada, the Entitlement Band and the Mineral Disposition Holder have not been made for the surrender of the Mineral Disposition and recreation thereof pursuant to applicable federal legislation prior to the date upon which such Entitlement Land is to be set apart as an Entitlement Reserve, the parties agree that the following conditions will apply in respect of any such Minerals or Mineral Dispositions, namely: (a) the Entitlement Land will not be set apart as an Entitlement Reserve until: (i) where there is a Surface Lease, the Entitlement Band has, subject to the requirements of the Act and any other applicable federal legislation, entered into an agreement to honour the same; (ii) where such Mineral Disposition consists of an interest held by a Fee Simple Mineral Owner or Disposition Holder but there are no existing Surface Leases granting surface access, the Entitlement Band has, pursuant to applicable federal legislation, entered into an agreement with any Fee Simple Mineral Owners or Mineral Disposition Holders to provide surface access to such Persons and their duly authorized servants and agents; (iii) where any Fee Simple Mineral Owner or Mineral Disposition Holder cannot, after reasonable efforts by the Entitlement Band, be located or, having been located, indicates unwillingness to enter into an agreement with respect to surface access then, subject to applicable federal legislation, the Entitlement Band shall execute and deliver to Canada a binding agreement or undertaking (together with a Band Council Resolution approving the same) which permits issuance by the Minister, after the creation of the Entitlement Reserve, of an appropriate permit or other right under federal legislation to ensure surface access to such Mineral Disposition Holder or Fee Simple Mineral Owner; (b) subject to applicable federal legislation, the provisions of section 5.05 shall no longer be applicable if Canada enacts legislation to provide for mechanisms which ensure surface access to a Fee Simple Mineral Owner or a Mineral Disposition Holder in respect of Entitlement Reserves on terms and conditions similar to those contained in The Surface Rights Acquisition and Compensation Act, R.S.S. 1978, c. S-65; and (c) notwithstanding subsections 5.05(a) and (b), but subject to applicable federal legislation, the Entitlement Band may enter into any binding agreement with a Mineral Disposition Holder or any Fee Simple Mineral Owner respecting surface access which meets the needs and objectives of the parties.

SURFACE ACCESS. The Entitlement Bands agree that, from and after their Shortfall Acres Acquisition Date, Band agrees that where Entitlement Land has been Purchased and all Minerals have not been Purchased or all Mineral Dispositions have not been removed, or arrangements satisfactory to Canada, the Entitlement Band and the Mineral Disposition Holder have not been made for the surrender of the Mineral Disposition and recreation thereof pursuant to applicable federal legislation prior to the date upon which such Entitlement Land is to be set apart as an Entitlement Reserve, the parties agree that the following conditions will apply in respect of any such Minerals or Mineral Dispositions, namely: (a) the Entitlement Land will not be set apart as an Entitlement Reserve until: (i) where there is a Surface Lease, the Entitlement Band has, subject to the requirements of the Act and any other applicable federal legislation, entered into an agreement to honour the same; (ii) where such Mineral Disposition consists of an interest held by a Fee Simple Mineral Owner or Mineral Disposition Holder but there are no existing Surface Leases granting surface access, the Entitlement Band has, pursuant to applicable federal legislation, entered into an agreement with any Fee Simple Mineral Owners or Mineral Disposition Holders to provide surface access to such Persons and their duly authorized servants and agents; (iii) where any Fee Simple Mineral Owner or Mineral Disposition Holder cannot, after reasonable efforts by the Entitlement Band, be located or, having been located, indicates unwillingness to enter into an agreement with respect to surface access then, subject to applicable federal legislation, the Entitlement Band shall execute and deliver to Canada a binding agreement or undertaking (together with a Band Council Resolution approving the same) which permits issuance by the Minister, after the creation of the Entitlement Reserve, of an appropriate permit or other right under federal legislation to ensure surface access to such Mineral Disposition Holder or Fee Simple Mineral Owner;. (b) subject to applicable federal legislation, the provisions of section 5.05 shall no longer be applicable if Canada enacts legislation to provide for mechanisms which ensure surface access to a Fee Simple Mineral Owner or a Mineral Disposition Holder in respect of Entitlement Reserves on terms and conditions similar to those contained in The Surface Rights Acquisition and Compensation Act, R.S.S. 1978, c. S-65; and (c) notwithstanding subsections 5.05(a) and (b), but subject to applicable federal legislation, the Entitlement Band may enter into any binding agreement with a Mineral Disposition Holder or any Fee Simple Mineral Owner respecting surface access which meets the needs and objectives of the parties.

SURFACE ACCESS. The Entitlement Bands agree that, from and after their Shortfall Acres Acquisition Date, Band agrees that where Entitlement Land has been Purchased and all Minerals have not been Purchased or all Mineral Dispositions have not been removed, or arrangements satisfactory to Canada, the Entitlement Band and the Mineral Disposition Holder have not been made for the surrender of the Mineral Disposition and recreation thereof pursuant to applicable federal legislation or the Muskoday Land Code prior to the date upon which such Entitlement Land is to be set apart as an Entitlement Reserve, the parties agree that the following conditions will apply in respect of any such Minerals or Mineral Dispositions, namely: (a) the Entitlement Land will not be set apart as an Entitlement Reserve until: (i) where there is a Surface Lease, the Entitlement Band has, subject to the requirements of the Act and Act, any other applicable federal legislation, or the Muskoday Land Code entered into an agreement to honour the same; (ii) where such Mineral Disposition consists of an interest held by a Fee Simple Mineral Owner or Mineral Disposition Holder but there are no existing Surface Leases granting surface access, the Entitlement Band has, pursuant to applicable federal legislationlegislation or the Muskoday Land Code, entered into an agreement with any Fee Simple Mineral Owners or Mineral Disposition Holders to provide surface access to such Persons and their duly authorized servants and agents; (iii) where any Fee Simple Mineral Owner or Mineral Disposition Holder cannot, after reasonable efforts by the Entitlement Band, be located or, having been located, indicates unwillingness to enter into an agreement with respect to surface access then, subject to applicable federal legislationlegislation or the Muskoday Land Code, the Entitlement Band shall execute and deliver to Canada a binding agreement or undertaking (together with a Band Council Resolution approving the same) which permits issuance by the Ministerto provide, after the creation of the Entitlement Reserve, of an appropriate permit or other right under federal legislation the Muskoday Land Code to ensure surface access to such Mineral Disposition Holder or Fee Simple Mineral Owner;. (b) subject to applicable federal legislation, the provisions of section 5.05 shall no longer be applicable if Canada enacts legislation to provide for mechanisms which ensure surface access to a Fee Simple Mineral Owner or a Mineral Disposition Holder in respect of Entitlement Reserves on terms and conditions similar to those contained in The Surface Rights Acquisition and Compensation Act, R.S.S. 1978, c. S-65; and (c) notwithstanding subsections 5.05(a) and (b), but subject to applicable federal legislation, the Entitlement Band may enter into any binding agreement with a Mineral Disposition Holder or any Fee Simple Mineral Owner respecting surface access which meets the needs and objectives of the parties.

SURFACE ACCESS. The Entitlement Bands agree Band agrees that, from and after their Shortfall Acres Acquisition Date, where Entitlement Land has been Purchased and all Minerals have not been Purchased or all Mineral Dispositions have not been removed, or arrangements satisfactory to Canada, the Entitlement Band and the Mineral Disposition Holder have not been made for the surrender of the Mineral Disposition and recreation thereof pursuant to applicable federal legislation prior to the date upon which such Entitlement Land is to be set apart as an Entitlement Reserve, the parties agree that the following conditions will apply in respect of any such Minerals or Mineral Dispositions, namely: (a) the Entitlement Land will not be set apart as an Entitlement Reserve until: (i) where there is a Surface Lease, the Entitlement Band has, subject to the requirements of the Act and any other applicable federal legislation, entered into an agreement to honour the same; (ii) where such Mineral Disposition consists of an interest held by a Fee Simple Mineral Owner or Disposition Holder but there are no existing Surface Leases granting surface access, the Entitlement Band has, pursuant to applicable federal legislation, entered into an agreement with any Fee Simple Mineral Owners or Mineral Disposition Holders to provide surface access to such Persons and their duly authorized servants and agents; (iii) where any Fee Simple Mineral Owner or Mineral Disposition Holder cannot, after reasonable efforts by the Entitlement Band, be located or, having been located, indicates unwillingness to enter into an agreement with respect to surface access then, subject to applicable federal legislation, the Entitlement Band shall execute and deliver to Canada a binding agreement or undertaking (together with a Band Council Resolution approving the same) which permits issuance by the Minister, after the creation of the Entitlement Reserve, of an appropriate permit or other right under federal legislation to ensure surface access to such Mineral Disposition Holder or Fee Simple Mineral Owner;. (b) subject to applicable federal legislation, the provisions of section 5.05 shall no longer be applicable if Canada enacts legislation to provide for mechanisms which ensure surface access to a Fee Simple Mineral Owner or a Mineral Disposition Holder in respect of Entitlement Reserves on terms and conditions similar to those contained in The Surface Rights Acquisition and Compensation Act, R.S.S. 1978, c. S-65; and (c) notwithstanding subsections 5.05(a) and (b), but subject to applicable federal legislation, the Entitlement Band may enter into any binding agreement with a Mineral Disposition Holder or any Fee Simple Mineral Owner respecting surface access which meets the needs and objectives of the parties.a

SURFACE ACCESS. The Entitlement Bands agree that, from and after their Shortfall Acres Acquisition Date, Band agrees that where Entitlement Land has been Purchased and all Minerals have not been Purchased or all Mineral Dispositions have not been removed, or arrangements satisfactory to Canada, the Entitlement Band and the Mineral Disposition Holder have not been made for the surrender of the Mineral Disposition and recreation thereof pursuant to applicable federal legislation prior to the date upon which such Entitlement Land is to be set apart as an Entitlement Reserve, the parties agree that the following conditions will apply in respect of any such Minerals or Mineral Dispositions, namely: (a) the Entitlement Land will not be set apart as an Entitlement Reserve until: (i) where there is a Surface Lease, the Entitlement Band has, subject to the requirements of the Act and any other applicable federal legislation, entered into an agreement to honour the same; (ii) where such Mineral Disposition consists of an interest held by a Fee Simple Mineral Owner or Disposition Holder but there are no existing Surface Leases granting surface access, the Entitlement Band has, pursuant to applicable federal legislation, entered into an agreement with any Fee Simple Mineral Owners or Mineral Disposition Holders to provide surface access to such Persons and their duly authorized servants and agents; (iii) where any Fee Simple Mineral Owner or Mineral Disposition Holder cannot, after reasonable efforts by the Entitlement Band, be located or, having been located, indicates unwillingness to enter into an agreement with respect to surface access then, subject to applicable federal legislation, the Entitlement Band shall execute and deliver to Canada a binding agreement or undertaking (together with a Band Council Resolution approving the same) which permits issuance by the Minister, after the creation of the Entitlement Reserve, of an appropriate permit or other right under federal legislation to ensure surface access to such Mineral Disposition Holder or Fee Simple Mineral Owner;. (b) subject to applicable federal legislation, the provisions of section 5.05 shall no longer be applicable if Canada enacts legislation to provide for mechanisms which ensure surface access to a Fee Simple Mineral Owner or a Mineral Disposition Holder in respect of Entitlement Reserves on terms and conditions similar to those contained in The Surface Rights Acquisition and Compensation Act, R.S.S. 1978, c. S-65; and (c) notwithstanding subsections 5.05(a) and (b), but subject to applicable federal legislation, the Entitlement Band may enter into any binding agreement with a Mineral Disposition Holder or any Fee Simple Mineral Owner respecting surface access which meets the needs and objectives of the parties.

SURFACE ACCESS. The Entitlement Bands agree that, from and after their Shortfall Acres Acquisition Date, Band agrees that where Entitlement Land has been Purchased and all Minerals have not been Purchased or all Mineral Dispositions have not been removed, or arrangements satisfactory to Canada, the Entitlement Band and the Mineral Disposition Holder have not been made for the surrender of the Mineral Disposition and recreation thereof pursuant to applicable federal legislation prior to the date upon which such Entitlement Land is to be set apart as an Entitlement Reserve, the parties agree that the following conditions will apply in respect of any such Minerals or Mineral Dispositions, namely: (a) the Entitlement Land will not be set apart as an Entitlement Reserve until: (i) where there is a Surface Lease, the Entitlement Band has, subject to the requirements of the Act and any other applicable federal legislation, entered into an agreement to honour the same; (ii) where such Mineral Disposition consists of an interest held by a Fee Simple Mineral Owner or Disposition Holder but there are no existing Surface Leases granting surface access, the Entitlement Band has, pursuant to applicable federal legislation, entered into an agreement with any Fee Simple Mineral Owners or Mineral Disposition Holders to provide surface access to such Persons and their duly authorized servants and agents; (iii) where any Fee Simple Mineral Owner or Mineral Disposition Holder cannot, after reasonable efforts by the Entitlement Band, be located or, having been located, indicates unwillingness to enter into an agreement with respect to surface access then, subject to applicable federal legislation, the Entitlement Band shall execute and deliver to Canada a binding agreement or undertaking (together with a Band Council Resolution approving the same) which permits issuance by the Minister, after the creation of the Entitlement Reserve, of an appropriate permit or other right under federal legislation to ensure surface access to such Mineral Disposition Holder or Fee Simple Mineral Owner;. (b) subject to applicable federal legislation, the provisions of section 5.05 shall no longer be applicable if Canada enacts legislation to provide for mechanisms which ensure surface access to a Fee Simple Mineral Owner or a Mineral Disposition Holder in respect of Entitlement Reserves on terms and conditions similar to those contained in The Surface Rights Acquisition and Compensation Act, R.S.S. 1978, c. S-65; and (c) notwithstanding subsections 5.05(a) and (b), but subject to applicable federal legislation, the Entitlement Band may enter into any binding agreement with a Mineral Disposition Holder or any Fee Simple Mineral Owner respecting surface access which meets the needs and objectives of the parties.Fee