Common use of TRANSFER OF CERTAIN MINERALS BY SASKATCHEWAN AND CANADA WITHOUT COMPENSATION Clause in Contracts

TRANSFER OF CERTAIN MINERALS BY SASKATCHEWAN AND CANADA WITHOUT COMPENSATION. (a) In respect of all Entitlement Land up to and including an Entitlement Band's Equity Quantum or Saskatchewan Formula Quantum, whichever is greater: (i) where Saskatchewan is the Fee Simple Mineral Owner of any Undisposed Minerals underlying such Entitlement Land, Saskatchewan shall, without compensation, transfer such Undisposed Minerals to Canada for the benefit of the Entitlement Band effective upon creation of the Entitlement Reserve; (ii) where Saskatchewan at any time becomes the Fee Simple Mineral Owner of any Undisposed Minerals underlying an Entitlement Reserve, Saskatchewan shall, without compensation, promptly transfer the same to Canada for the benefit of the Entitlement Band; (iii) notwithstanding subparagraph (i), but subject to subparagraph (iv), where Saskatchewan is the Fee Simple Mineral Owner of any Undisposed Minerals underlying Entitlement Land which are required for Public Purposes, Saskatchewan shall not be required to transfer such Undisposed Minerals to Canada for the benefit of the Entitlement Band; (iv) where Saskatchewan is the Fee Simple Mineral Owner of any Minerals which were, as at the date that such Entitlement Land was Purchased, withheld by Saskatchewan for Public Purposes but any of such Minerals have subsequently ceased to be necessary for Public Purposes, Saskatchewan shall, without compensation, promptly transfer such Minerals to Canada for the benefit of the Entitlement Band; (v) Saskatchewan shall, upon a written request from an Entitlement Band, advise the Entitlement Band of the existence (or non-existence) of a Public Purposes Plan in respect of any particular Undisposed Minerals as soon as reasonably possible, but in any event within thirty (30) days of receipt by Saskatchewan of such a request; (vi) In the event of a dispute between Saskatchewan and an Entitlement Band as to whether any Undisposed Minerals underlying Land were the subject of a Public Purposes Plan: (A) as of the date that Saskatchewan received written notice from an Entitlement Band that the Land was the subject of an Agreement to Purchase with a third party; or (B) in the case of provincial Crown Lands, as of the date that the Entitlement Bands have made a request to Saskatchewan pursuant to subparagraph 5.04(a)(v); shall be referred to the Arbitration Board for resolution in accordance with Article 19; and (vii) where Canada is, or at any time becomes, the Fee Simple Mineral Owner of any Undisposed Minerals underlying Entitlement Land, Canada agrees to set apart such Undisposed Minerals as part of the Entitlement Reserve without compensation. (b) Crown Minerals which are, or were, the subject of a Mineral Disposition shall be deemed to be Undisposed Minerals in the following circumstances: (i) when the Disposition Holder does not exercise, within the time frame permitted pursuant to the Mineral Disposition, any available option to renew the Mineral Disposition; (ii) when the Mineral Disposition Holder abandons the Mineral Disposition; (iii) if the Mineral Disposition Holder fails to produce or extract the Mineral which is the subject of the Mineral Disposition for a period of time which would, under the terms of the Mineral Disposition, permit Saskatchewan or Canada to terminate the Mineral Disposition or refuse to renew the same; or (iv) the term of the Mineral Disposition, including all renewals, has expired. (c) Notwithstanding subsection (b), Minerals shall be deemed not to be Undisposed Minerals in the following circumstances: (i) where the Mineral Disposition Holder has surrendered the Mineral Disposition pursuant to an agreement, contract, undertaking or informal understanding between such Mineral Disposition Holder and an Entitlement Band and/or Canada, on the basis that a Replacement Mineral Disposition is to be granted or entered into at a future date under applicable federal legislation; (ii) in the case of provincial Crown Minerals, where the Mineral Disposition Holder has defaulted under the terms of the Mineral Disposition in which case Saskatchewan shall have five (5) years from the date of default in which to grant a further Mineral Disposition in respect of such Mineral on terms and conditions generally available in the industry at such time (including renewals thereunder), failing which the Mineral shall be deemed to be an Undisposed Mineral; (iii) Saskatchewan is the Fee Simple Mineral Owner of the Minerals in question and the same are the subject of an existing trust agreement or trust certificate; or (iv) any provincial Crown Minerals subject to a gas storage agreement. (d) In any case where Minerals are deemed not to be Undisposed Minerals through the operation of subparagraph (c)(ii), the same shall be made available for Purchase by the Entitlement Band pursuant to section 5.03. (e) Saskatchewan agrees that it will, upon the request of an Entitlement Band, transfer to Canada for the benefit of the Entitlement Band, all those provincial Crown Minerals underlying the Entitlement Reserve: (i) for which a title can lawfully be issued; (ii) that are not subject to a Mineral Disposition provided that the legally enforceable existing rights, obligations and priorities of any Mineral Disposition Holder with an interest in any other Minerals underlying the Entitlement Reserve are maintained; (iii) that are not required for Public Purposes; and (iv) that are not subject to a gas storage agreement.

TRANSFER OF CERTAIN MINERALS BY SASKATCHEWAN AND CANADA WITHOUT COMPENSATION. (a) In respect of all Entitlement Land up to and including an Entitlement the Band's Equity Quantum or Saskatchewan Formula Quantum, whichever is greater: (i) where Saskatchewan is the Fee Simple Mineral Owner of any Undisposed Minerals underlying such Entitlement Land, Saskatchewan shall, without compensation, transfer such Undisposed Minerals to Canada for the benefit of the Entitlement Band effective upon creation of the Entitlement Reserve; (ii) where Saskatchewan at any time becomes the Fee Simple Mineral Owner of any Undisposed Minerals underlying an Entitlement Reserve, Saskatchewan shall, without compensation, promptly transfer the same to Canada for the benefit of the Entitlement Band; (iii) notwithstanding subparagraph (i), but subject to subparagraph (iv), where Saskatchewan is the Fee Simple Mineral Owner of any Undisposed Minerals underlying Entitlement Land which are required for Public Purposes, Saskatchewan shall not be required to transfer such Undisposed Minerals to Canada for the benefit of the Entitlement Band; (iv) where Saskatchewan is the Fee Simple Mineral Owner of any Minerals which were, as at the date that such Entitlement Land was Purchased, withheld by Saskatchewan for Public Purposes but any of such Minerals have subsequently ceased to be necessary for Public Purposes, Saskatchewan shall, without compensation, promptly transfer such Minerals to Canada for the benefit of the Entitlement Band; (v) Saskatchewan shall, upon a written request from an Entitlement the Band, advise the Entitlement Band of the existence (or non-existence) of a Public Purposes Plan in respect of any particular Undisposed Minerals as soon as reasonably possible, but in any event within thirty (30) days of receipt by Saskatchewan of such a request; (vi) In the event of a dispute between Saskatchewan and an Entitlement the Band as to whether any Undisposed Minerals underlying Land were the subject of a Public Purposes Plan: (A) as of the date that Saskatchewan received written notice from an Entitlement the Band that the Land was the subject of an Agreement to Purchase with a third party; or (B) in the case of provincial Crown Lands, as of the date that the Entitlement Bands have Band has made a request to Saskatchewan pursuant to subparagraph subsection 5.04(a)(v); shall be referred to the Arbitration Board for resolution in accordance with Article 19; and (vii) where Canada is, or at any time becomes, the Fee Simple Mineral Owner of any Undisposed Minerals underlying Entitlement Land, Canada agrees to set apart such Undisposed Minerals as part of the Entitlement Reserve without compensation. (b) Crown Minerals which are, or were, the subject of a Mineral Disposition shall be deemed to be Undisposed Minerals in the following circumstances: (i) when the Disposition Holder does not exercise, within the time frame permitted pursuant to the Mineral Disposition, any available option to renew the Mineral Disposition; (ii) when the Mineral Disposition Holder abandons the Mineral Disposition; (iii) if the Mineral Disposition Holder fails to produce or extract the Mineral which is the subject of the Mineral Disposition for a period of time which would, under the terms of the Mineral Disposition, permit Saskatchewan or Canada to terminate the Mineral Disposition or refuse to renew the same; or (iv) the term of the Mineral Disposition, including all renewals, has expired. (c) Notwithstanding subsection (b), Minerals shall be deemed not to be Undisposed Minerals in the following circumstances: (i) where the Mineral Disposition Holder has surrendered the Mineral Disposition pursuant to an agreement, contract, undertaking or informal understanding between such Mineral Disposition Holder and an Entitlement the Band and/or Canada, on the basis that a Replacement Mineral Disposition is to be granted or entered into at a future date under applicable federal legislation; (ii) in the case of provincial Crown Minerals, where the Mineral Disposition Holder has defaulted under the terms of the Mineral Disposition in which case Saskatchewan shall have five (5) years from the date of default in which to grant a further Mineral Disposition in respect of such Mineral on terms and conditions generally available in the industry at such time (including renewals thereunder), failing which the Mineral shall be deemed to be an Undisposed Mineral; (iii) Saskatchewan is the Fee Simple Mineral Owner of the Minerals in question and the same are the subject of an existing trust agreement or trust certificate; or (iv) any provincial Crown Minerals subject to a lease of space agreement or a gas storage agreement. (d) In any case where Minerals are deemed not to be Undisposed Minerals through the operation of subparagraph subsection (c)(ii), the same shall be made available for Purchase by the Entitlement Band pursuant to section 5.03. (e) Saskatchewan agrees that it will, upon the request of an Entitlement the Band, transfer to Canada for the benefit of the Entitlement Band, all those provincial Crown Minerals underlying the Entitlement Reserve: (i) for which a title can lawfully be issued; (ii) that are not subject to a Mineral Disposition provided that the legally enforceable existing rights, obligations and priorities of any Mineral Disposition Holder with an interest in any other Minerals underlying the Entitlement Reserve are maintained; (iii) that are not required for Public Purposes; and (iv) that are not subject to a lease of space agreement or a gas storage agreement.

TRANSFER OF CERTAIN MINERALS BY SASKATCHEWAN AND CANADA WITHOUT COMPENSATION. (a) In respect of all Entitlement Land up to and including an Entitlement the Band's Equity Quantum or Saskatchewan Formula Quantum, whichever is greater: (i) where Saskatchewan is the Fee Simple Mineral Owner of any Undisposed Minerals underlying such Entitlement Land, Saskatchewan shall, without compensation, transfer such Undisposed Minerals to Canada for the benefit of the Entitlement Band effective upon creation of the Entitlement Reserve; (ii) where Saskatchewan at any time becomes the Fee Simple Mineral Owner of any Undisposed Minerals underlying an Entitlement Reserve, Saskatchewan shall, without compensation, promptly transfer the same to Canada for the benefit of the Entitlement Band; (iii) notwithstanding subparagraph (i), but subject to subparagraph (iv), where Saskatchewan is the Fee Simple Mineral Owner of any Undisposed Minerals underlying Entitlement Land which are required for Public Purposes, Saskatchewan shall not be required to transfer such Undisposed Minerals to Canada for the benefit of the Entitlement Band; (iv) where Saskatchewan is the Fee Simple Mineral Owner of any Minerals which were, as at the date that such Entitlement Land was Purchased, withheld by Saskatchewan for Public Purposes but any of such Minerals have subsequently ceased to be necessary for Public Purposes, Saskatchewan shall, without compensation, promptly transfer such Minerals to Canada for the benefit of the Entitlement Band; (v) Saskatchewan shall, upon a written request from an Entitlement the Band, advise the Entitlement Band of the existence (or non-existence) of a Public Purposes Plan in respect of any particular Undisposed Minerals as soon as reasonably possible, but in any event within thirty (30) days of receipt by Saskatchewan of such a request; (vi) In the event of a dispute between Saskatchewan and an Entitlement the Band as to whether any Undisposed Minerals underlying Land were the subject of a Public Purposes Plan: (A) as of the date that Saskatchewan received written notice from an Entitlement the Band that the Land was the subject of an Agreement to Purchase with a third party; or (B) in the case of provincial Crown Lands, as of the date that the Entitlement Bands have Band has made a request to Saskatchewan pursuant to subparagraph subsection 5.04(a)(v); shall be referred to the Arbitration Board for resolution in accordance with Article 19; and (vii) where Canada is, or at any time becomes, the Fee Simple Mineral Owner of any Undisposed Minerals underlying Entitlement Land, Canada agrees to set apart such Undisposed Minerals as part of the Entitlement Reserve without compensation. (b) Crown Minerals which are, or were, the subject of a Mineral Disposition shall be deemed to be Undisposed Minerals in the following circumstances: (i) when the Disposition Holder does not exercise, within the time frame permitted pursuant to the Mineral Disposition, any available option to renew the Mineral Disposition; (ii) when the Mineral Disposition Holder abandons the Mineral Disposition; (iii) if the Mineral Disposition Holder fails to produce or extract the Mineral which is the subject of the Mineral Disposition for a period of time which would, under the terms of the Mineral Disposition, permit Saskatchewan or Canada to terminate the Mineral Disposition or refuse to renew the same; or (iv) the term of the Mineral Disposition, including all renewals, has expired. (c) Notwithstanding subsection (b), Minerals shall be deemed not to be Undisposed Minerals in the following circumstances: (i) where the Mineral Disposition Holder has surrendered the Mineral Disposition pursuant to an agreement, contract, undertaking or informal understanding between such Mineral Disposition Holder and an Entitlement the Band and/or Canada, on the basis that a Replacement Mineral Disposition is to be granted or entered into at a future date under applicable federal legislationlegislation or the Muskoday Land Code; (ii) in the case of provincial Crown Minerals, where the Mineral Disposition Holder has defaulted under the terms of the Mineral Disposition in which case Saskatchewan shall have five (5) years from the date of default in which to grant a further Mineral Disposition in respect of such Mineral on terms and conditions generally available in the industry at such time (including renewals thereunder), failing which the Mineral shall be deemed to be an Undisposed Mineral; (iii) Saskatchewan is the Fee Simple Mineral Owner of the Minerals in question and the same are the subject of an existing trust agreement or trust certificate; or (iv) any provincial Crown Minerals subject to a lease of space agreement or a gas storage agreement. (d) In any case where Minerals are deemed not to be Undisposed Minerals through the operation of subparagraph subsection (c)(ii), the same shall be made available for Purchase by the Entitlement Band pursuant to section 5.03. (e) Saskatchewan agrees that it will, upon the request of an Entitlement the Band, transfer to Canada for the benefit of the Entitlement Band, all those provincial Crown Minerals underlying the Entitlement Reserve: (i) for which a title can lawfully be issued; (ii) that are not subject to a Mineral Disposition provided that the legally enforceable existing rights, obligations and priorities of any Mineral Disposition Holder with an interest in any other Minerals underlying the Entitlement Reserve are maintained; (iii) that are not required for Public Purposes; and (iv) that are not subject to a lease of space agreement or a gas storage agreement.

TRANSFER OF CERTAIN MINERALS BY SASKATCHEWAN AND CANADA WITHOUT COMPENSATION. (a) In respect of all Entitlement Land up to and including an Entitlement the Band's Equity Quantum or Saskatchewan Formula Quantum, whichever is greater: (i) where Saskatchewan is the Fee Simple Mineral Owner of any Undisposed Minerals underlying such Entitlement Land, Saskatchewan shall, without compensation, transfer such Undisposed Minerals to Canada for the benefit of the Entitlement Band effective upon creation of the Entitlement Reserve; (ii) where Saskatchewan at any time becomes the Fee Simple Mineral Owner of any Undisposed Minerals underlying an Entitlement Reserve, Saskatchewan shall, without compensation, promptly transfer the same to Canada for the benefit of the Entitlement Band; (iii) notwithstanding subparagraph (i), but subject to subparagraph (iv), where Saskatchewan is the Fee Simple Mineral Owner of any Undisposed Minerals underlying Entitlement Land which are required for Public Purposes, Saskatchewan shall not be required to transfer such Undisposed Minerals to Canada for the benefit of the Entitlement Band; (iv) where Saskatchewan is the Fee Simple Mineral Owner of any Minerals which were, as at the date that such Entitlement Land was Purchased, withheld by Saskatchewan for Public Purposes but any of such Minerals have subsequently ceased to be necessary for Public Purposes, Saskatchewan shall, without compensation, promptly transfer such Minerals to Canada for the benefit of the Entitlement Band; (v) Saskatchewan shall, upon a written request from an Entitlement the Band, advise the Entitlement Band of the existence (or non-existence) of a Public Purposes Plan in respect of any particular Undisposed Minerals as soon as reasonably possible, but in any event within thirty (30) days of receipt by Saskatchewan of such a request; (vi) In the event of a dispute between Saskatchewan and an Entitlement the Band as to whether any Undisposed Minerals underlying Land were the subject of a Public Purposes Plan: (A) as of the date that Saskatchewan received written notice from an Entitlement the Band that the Land was the subject of an Agreement to Purchase with a third party; or (B) in the case of provincial Crown Lands, as of the date that the Entitlement Bands have Band has made a request to Saskatchewan pursuant to subparagraph 5.04(a)(v); shall be referred to the Arbitration Board for resolution in accordance with Article 19; and (vii) where Canada is, or at any time becomes, the Fee Simple Mineral Owner of any Undisposed Minerals underlying Entitlement Land, Canada agrees to set apart such Undisposed Minerals as part of the Entitlement Reserve without compensation. (b) Crown Minerals which are, or were, the subject of a Mineral Disposition shall be deemed to be Undisposed Minerals in the following circumstances: (i) when the Disposition Holder does not exercise, within the time frame permitted pursuant to the Mineral Disposition, any available option to renew the Mineral Disposition; (ii) when the Mineral Disposition Holder abandons the Mineral Disposition; (iii) if the Mineral Disposition Holder fails to produce or extract the Mineral which is the subject of the Mineral Disposition for a period of time which would, under the terms of the Mineral Disposition, permit Saskatchewan or Canada to terminate the Mineral Disposition or refuse to renew the same; or (iv) the term of the Mineral Disposition, including all renewals, has expired. (c) Notwithstanding subsection (b), Minerals shall be deemed not to be Undisposed Minerals in the following circumstances: (i) where the Mineral Disposition Holder has surrendered the Mineral Disposition pursuant to an agreement, contract, undertaking or informal understanding between such Mineral Disposition Holder and an Entitlement the Band and/or Canada, on the basis that a Replacement Mineral Disposition is to be granted or entered into at a future date under applicable federal legislation; (ii) in the case of provincial Crown Minerals, where the Mineral Disposition Holder has defaulted under the terms of the Mineral Disposition in which case Saskatchewan shall have five (5) years from the date of default in which to grant a further Mineral Disposition in respect of such Mineral on terms and conditions generally available in the industry at such time (including renewals thereunder), failing which the Mineral shall be deemed to be an Undisposed Mineral; (iii) Saskatchewan is the Fee Simple Mineral Owner of the Minerals in question and the same are the subject of an existing trust agreement or trust certificate; or (iv) any provincial Crown Minerals subject to a gas storage agreement. (d) In any case where Minerals are deemed not to be Undisposed Minerals through the operation of subparagraph (c)(ii), the same shall be made available for Purchase by the Entitlement Band pursuant to section 5.03. (e) Saskatchewan agrees that it will, upon the request of an Entitlement the Band, transfer to Canada for the benefit of the Entitlement Band, all those provincial Crown Minerals underlying the Entitlement Reserve: (i) for which a title can lawfully be issued; (ii) that are not subject to a Mineral Disposition provided that the legally enforceable existing rights, obligations and priorities of any Mineral Disposition Holder with an interest in any other Minerals underlying the Entitlement Reserve are maintained; (iii) that are not required for Public Purposes; and (iv) that are not subject to a gas storage agreement.

TRANSFER OF CERTAIN MINERALS BY SASKATCHEWAN AND CANADA WITHOUT COMPENSATION. (a) In respect of all Entitlement Land up to and including an Entitlement the Band's Equity Quantum or Saskatchewan Formula Quantum, whichever is greater: (i) where Saskatchewan is the Fee Simple Mineral Owner of any Undisposed Minerals underlying such Entitlement Land, Saskatchewan shall, without compensation, transfer such Undisposed Minerals to Canada for the benefit of the Entitlement Band effective upon creation of the Entitlement Reserve; (ii) where Saskatchewan at any time becomes the Fee Simple Mineral Owner of any Undisposed Minerals underlying an Entitlement Reserve, Saskatchewan shall, without compensation, promptly transfer the same to Canada for the benefit of the Entitlement Band; (iii) notwithstanding subparagraph (i), but subject to subparagraph (iv), where Saskatchewan is the Fee Simple Mineral Owner of any Undisposed Minerals underlying Entitlement Land which are required for Public Purposes, Saskatchewan shall not be required to transfer such Undisposed Minerals to Canada for the benefit of the Entitlement Band; (iv) where Saskatchewan is the Fee Simple Mineral Owner of any Minerals which were, as at the date that such Entitlement Land was Purchased, withheld by Saskatchewan for Public Purposes but any of such Minerals have subsequently ceased to be necessary for Public Purposes, Saskatchewan shall, without compensation, promptly transfer such Minerals to Canada for the benefit of the Entitlement Band; (v) Saskatchewan shall, upon a written request from an Entitlement the Band, advise the Entitlement Band of the existence (or non-existence) of a Public Purposes Plan in respect of any particular Undisposed Minerals as soon as reasonably possible, but in any event within thirty (30) days of receipt by Saskatchewan of such a request; (vi) In the event of a dispute between Saskatchewan and an Entitlement the Band as to whether any Undisposed Minerals underlying Land were the subject of a Public Purposes Plan: (A) as of the date that Saskatchewan received written notice from an Entitlement the Band that the Land was the subject of an Agreement to Purchase with a third party; or (B) in the case of provincial Crown Lands, as of the date that the Entitlement Bands have Band has made a request to Saskatchewan pursuant to subparagraph subsection 5.04(a)(v); shall be referred to the Arbitration Board for resolution in accordance with Article 19; and (vii) where Canada is, or at any time becomes, the Fee Simple Mineral Owner of any Undisposed Minerals underlying Entitlement Land, Canada agrees to set apart such Undisposed Minerals as part of the Entitlement Reserve without compensation. (b) Crown Minerals which are, or were, the subject of a Mineral Disposition shall be deemed to be Undisposed Minerals in the following circumstances: (i) when the Disposition Holder does not exercise, within the time frame permitted pursuant to the Mineral Disposition, any available option to renew the Mineral Disposition; (ii) when the Mineral Disposition Holder abandons the Mineral Disposition; (iii) if the Mineral Disposition Holder fails to produce or extract the Mineral which is the subject of the Mineral Disposition for a period of time which would, under the terms of the Mineral Disposition, permit Saskatchewan or Canada to terminate the Mineral Disposition or refuse to renew the same; or (iv) the term of the Mineral Disposition, including all renewals, has expired. (c) Notwithstanding subsection (b), Minerals shall be deemed not to be Undisposed Minerals in the following circumstances: (i) where the Mineral Disposition Holder has surrendered the Mineral Disposition pursuant to an agreement, contract, undertaking or informal understanding between such Mineral Disposition Holder and an Entitlement the Band and/or Canada, on the basis that a Replacement Mineral Disposition is to be granted or entered into at a future date under applicable federal legislation; (ii) in the case of provincial Crown Minerals, where the Mineral Disposition Holder has defaulted under the terms of the Mineral Disposition in which case Saskatchewan shall have five (5) years from the date of default in which to grant a further Mineral Disposition in respect of such Mineral on terms and conditions generally available in the industry at such time (including renewals thereunder), failing which the Mineral shall be deemed to be an Undisposed Mineral; (iii) Saskatchewan is the Fee Simple Mineral Owner of the Minerals in question and the same are the subject of an existing trust agreement or trust certificate; or (iv) any provincial Crown Minerals subject to a lease of space agreement or a gas storage agreement. (d) In any case where Minerals are deemed not to be Undisposed Minerals through the operation of subparagraph subsection (c)(ii), the same shall be made available for Purchase by the Entitlement Band pursuant to section 5.03. (e) Saskatchewan agrees that it will, upon the request of an Entitlement the Band, transfer to Canada for the benefit of the Entitlement Band, all those provincial Crown Minerals underlying the Entitlement Reserve: (i) for which a title can lawfully be issued; (ii) that are not subject to a Mineral Disposition provided that the legally enforceable existing rights, obligations and priorities of any Mineral Disposition Holder with an interest in any other Minerals underlying the Entitlement Reserve are maintained; (iii) that are not required for Public Purposes; and (iv) that are not subject to a lease of space agreement or a gas storage agreement.

TRANSFER OF CERTAIN MINERALS BY SASKATCHEWAN AND CANADA WITHOUT COMPENSATION. (a) In respect of all Entitlement Land up to and including an Entitlement the Band's Equity Quantum or Saskatchewan Formula Quantum, whichever is greater: (i) where Saskatchewan is the Fee Simple Mineral Owner of any Undisposed Minerals underlying such Entitlement Land, Saskatchewan shall, without compensation, transfer such Undisposed Minerals to Canada for the benefit of the Entitlement Band effective upon creation of the Entitlement Reserve; (ii) where Saskatchewan at any time becomes the Fee Simple Mineral Owner of any Undisposed Minerals underlying an Entitlement Reserve, Saskatchewan shall, without compensation, promptly transfer the same to Canada for the benefit of the Entitlement Band; (iii) notwithstanding subparagraph (i), but subject to subparagraph (iv), where Saskatchewan is the Fee Simple Mineral Owner of any Undisposed Minerals underlying Entitlement Land which are required for Public Purposes, Saskatchewan shall not be required to transfer such Undisposed Minerals to Canada for the benefit of the Entitlement Band; (iv) where Saskatchewan is the Fee Simple Mineral Owner of any Minerals which were, as at the date that such Entitlement Land was Purchased, withheld by Saskatchewan for Public Purposes but any of such Minerals have subsequently ceased to be necessary for Public Purposes, Saskatchewan shall, without compensation, promptly transfer such Minerals to Canada for the benefit of the Entitlement Band; (v) Saskatchewan shall, upon a written request from an Entitlement the Band, advise the Entitlement Band of the existence (or non-existence) of a Public Purposes Plan in respect of any particular Undisposed Minerals as soon as reasonably possible, but in any event within thirty (30) days of receipt by Saskatchewan of such a request; (vi) In the event of a dispute between Saskatchewan and an Entitlement Band as to whether any Undisposed Minerals underlying Land were the subject of a Public Purposes Plan: (A) as of the date that Saskatchewan received written notice from an Entitlement Band that the Land was the subject of an Agreement to Purchase with a third party; or (B) in the case of provincial Crown Lands, as of the date that the Entitlement Bands have made a request to Saskatchewan pursuant to subparagraph 5.04(a)(v); shall be referred to the Arbitration Board for resolution in accordance with Article 19; and (vii) where Canada is, or at any time becomes, the Fee Simple Mineral Owner of any Undisposed Minerals underlying Entitlement Land, Canada agrees to set apart such Undisposed Minerals as part of the Entitlement Reserve without compensation. (b) Crown Minerals which are, or were, the subject of a Mineral Disposition shall be deemed to be Undisposed Minerals in the following circumstances: (i) when the Disposition Holder does not exercise, within the time frame permitted pursuant to the Mineral Disposition, any available option to renew the Mineral Disposition; (ii) when the Mineral Disposition Holder abandons the Mineral Disposition; (iii) if the Mineral Disposition Holder fails to produce or extract the Mineral which is the subject of the Mineral Disposition for a period of time which would, under the terms of the Mineral Disposition, permit Saskatchewan or Canada to terminate the Mineral Disposition or refuse to renew the same; or (iv) the term of the Mineral Disposition, including all renewals, has expired. (c) Notwithstanding subsection (b), Minerals shall be deemed not to be Undisposed Minerals in the following circumstances: (i) where the Mineral Disposition Holder has surrendered the Mineral Disposition pursuant to an agreement, contract, undertaking or informal understanding between such Mineral Disposition Holder and an Entitlement Band and/or Canada, on the basis that a Replacement Mineral Disposition is to be granted or entered into at a future date under applicable federal legislation; (ii) in the case of provincial Crown Minerals, where the Mineral Disposition Holder has defaulted under the terms of the Mineral Disposition in which case Saskatchewan shall have five (5) years from the date of default in which to grant a further Mineral Disposition in respect of such Mineral on terms and conditions generally available in the industry at such time (including renewals thereunder), failing which the Mineral shall be deemed to be an Undisposed Mineral; (iii) Saskatchewan is the Fee Simple Mineral Owner of the Minerals in question and the same are the subject of an existing trust agreement or trust certificate; or (iv) any provincial Crown Minerals subject to a gas storage agreement. (d) In any case where Minerals are deemed not to be Undisposed Minerals through the operation of subparagraph (c)(ii), the same shall be made available for Purchase by the Entitlement Band pursuant to section 5.03. (e) Saskatchewan agrees that it will, upon the request of an Entitlement Band, transfer to Canada for the benefit of the Entitlement Band, all those provincial Crown Minerals underlying the Entitlement Reserve: (i) for which a title can lawfully be issued; (ii) that are not subject to a Mineral Disposition provided that the legally enforceable existing rights, obligations and priorities of any Mineral Disposition Holder with an interest in any other Minerals underlying the Entitlement Reserve are maintained; (iii) that are not required for Public Purposes; and (iv) that are not subject to a gas storage agreement.thirty

TRANSFER OF CERTAIN MINERALS BY SASKATCHEWAN AND CANADA WITHOUT COMPENSATION. (a) In respect of all Entitlement Land up to and including an Entitlement the Band's Equity Quantum or Saskatchewan Formula Quantum, whichever is greater: (i) where Saskatchewan is the Fee Simple Mineral Owner of any Undisposed Minerals underlying such Entitlement Land, Saskatchewan shall, without compensation, transfer such Undisposed Minerals to Canada for the benefit of the Entitlement Band effective upon creation of the Entitlement Reserve; (ii) where Saskatchewan at any time becomes the Fee Simple Mineral Owner of any Undisposed Minerals underlying an Entitlement Reserve, Saskatchewan shall, without compensation, promptly transfer the same to Canada for the benefit of the Entitlement Band; (iii) notwithstanding subparagraph (i), but subject to subparagraph (iv), where Saskatchewan is the Fee Simple Mineral Owner of any Undisposed Minerals underlying Entitlement Land which are required for Public Purposes, Saskatchewan shall not be required to transfer such Undisposed Minerals to Canada for the benefit of the Entitlement Band; (iv) where Saskatchewan is the Fee Simple Mineral Owner of any Minerals which were, as at the date that such Entitlement Land was Purchased, withheld by Saskatchewan for Public Purposes but any of such Minerals have subsequently ceased to be necessary for Public Purposes, Saskatchewan shall, without compensation, promptly transfer such Minerals to Canada for the benefit of the Entitlement Band; (v) Saskatchewan shall, upon a written request from an Entitlement the Band, advise the Entitlement Band of the existence (or non-existence) of a Public Purposes Plan in respect of any particular Undisposed Minerals as soon as reasonably possible, but in any event within thirty (30) days of receipt by Saskatchewan of such a request; (vi) In the event of a dispute between Saskatchewan and an Entitlement the Band as to whether any Undisposed Minerals underlying Land were the subject of a Public Purposes Plan: (A) as of the date that Saskatchewan received written notice from an Entitlement the Band that the Land was the subject of an Agreement to Purchase with a third party; or (B) in the case of provincial Crown Lands, as of the date that the Entitlement Bands have Band has made a request to Saskatchewan pursuant to subparagraph 5.04(a)(v); the dispute shall be referred to the Arbitration Board for resolution in accordance with Article 19; and (vii) where Canada is, or at any time becomes, the Fee Simple Mineral Owner of any Undisposed Minerals underlying Entitlement Land, Canada agrees to set apart such Undisposed Minerals as part of the Entitlement Reserve without compensation. (b) Crown Minerals which are, or were, the subject of a Mineral Disposition shall be deemed to be Undisposed Minerals in the following circumstances: (i) when the Disposition Holder does not exercise, within the time frame permitted pursuant to the Mineral Disposition, any available option to renew the Mineral Disposition; (ii) when the Mineral Disposition Holder abandons the Mineral Disposition; (iii) if the Mineral Disposition Holder fails to produce or extract the Mineral which is the subject of the Mineral Disposition for a period of time which would, under the terms of the Mineral Disposition, permit Saskatchewan or Canada to terminate the Mineral Disposition or refuse to renew the same; or (iv) the term of the Mineral Disposition, including all renewals, has expired. (c) Notwithstanding subsection (b), Minerals shall be deemed not to be Undisposed Minerals in the following circumstances: (i) where the Mineral Disposition Holder has surrendered the Mineral Disposition pursuant to an agreement, contract, undertaking or informal understanding between such Mineral Disposition Holder and an Entitlement the Band and/or Canada, on the basis that a Replacement Mineral Disposition is to be granted or entered into at a future date under applicable federal legislation; (ii) in the case of provincial Crown Minerals, where the Mineral Disposition Holder has defaulted under the terms of the Mineral Disposition in which case Saskatchewan shall have five (5) years from the date of default in which to grant a further Mineral Disposition in respect of such Mineral on terms and conditions generally available in the industry at such time (including renewals thereunder), failing which the Mineral shall be deemed to be an Undisposed Mineral; (iii) Saskatchewan is the Fee Simple Mineral Owner of the Minerals in question and the same are the subject of an existing trust agreement or trust certificate; or (iv) any provincial Crown Minerals subject to a gas storage agreement. (d) In any case where Minerals are deemed not to be Undisposed Minerals through the operation of subparagraph subsection (c)(ii), the same shall be made available for Purchase by the Entitlement Band pursuant to section 5.03. (e) Saskatchewan agrees that it will, upon the request of an Entitlement the Band, transfer to Canada for the benefit of the Entitlement Band, all those provincial Crown Minerals underlying the Entitlement Reserve: (i) for which a title can lawfully be issued; (ii) that are not subject to a Mineral Disposition provided that the legally enforceable existing rights, obligations and priorities of any Mineral Disposition Holder with an interest in any other Minerals underlying the Entitlement Reserve are maintained; (iii) that are not required for Public Purposes; and (iv) that are not subject to a gas storage agreement.