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

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.

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 ’s Shortfall Acres Acquisition Date, the surface of the Land that is not situate within an Urban Municipality may be Purchased purchased without acquiring all, or any, of the underlying Minerals, provided, provided however: (i) eligibility of such Land 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 purchase on deposit in the Trust Account (which includes, includes for greater certainty, the funds invested in investment instruments purchased utilizing monies from the Trust Account and all accrued interest thereon) together with a sum equal to the Entitlement Monies to be paid in the future less the purchase price of the surface of such Land land to be Purchasedpurchased, must exceed, exceed the result obtained by multiplying the average Price price per acre paid for all Entitlement Land Purchased purchased that includes all Minerals, by, minerals by the number of acres that is equal to the difference between the Shortfall Acres and the area of Land land expressed in acres that has at the time of such Purchase been set apart as an Entitlement Reserve or Entitlement ReservesReserves on behalf of the Band, by, by one and one-half; (iii) in any event, the aggregate surface area of all Land Purchased land purchased without acquiring all, or any, of the underlying Minerals minerals prior to the Shortfall Acres Acquisition Date Date, shall not exceed 640 4,000 acres.