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relating to land entitlement, and all obligations imposed on, and all promises,
undertakings or representations made by Canada or any of its Ministers, officials,
servants, employees, agents, successors and assigns under or relating to Treaty
land entitlement to the Band, or its predecessors in title, and shall further waive
any right, action or cause of action, claim, demand, damage, cost, expense, liability
and entitlement of whatever nature and kind, whether known or unknown, which
the Band or any of its Members, whether past, present or future (including their
respective heirs, administrators, executors, successors and assigns) ever had, now
have, or may hereafter have against Canada or any of its Ministers, officials,
servants, employees, agents, successors and assigns by reason of, or in any way
arising out of, such Treaty land entitlement;
(b) forever discharge and release Canada, and any of its Ministers, officials,
servants, employees, agents, successors and assigns from any action or cause of
action, claim, demand, damage, cost, expense, liability and entitlement of whatever
nature and kind, whether known or unknown, which the Band or any of its
Members, whether past, present or future (including their respective heirs,
administrators, executors, successors and assigns) ever had, now have, or may
hereafter have against Canada or any of its Ministers, officials, servants,
employees, agents, successors and assigns by reason of, or in any way arising with
respect to, related to or arising out of the deposit of Entitlement Monies into the
Trust Account and, once Entitlement Monies are paid and deposited into the Trust
Account, this discharge and release shall include any action or cause of action,
claim, demand, damage, cost, expense, liability and entitlement of whatever nature
and kind, whether known or unknown, which the Band or any of its Members,
whether past, present or future (including their respective heirs, administrators,
executors, successors and assigns) ever had, now have, or may hereafter have
related to or arising out of the administration or management of the Entitlement
Monies, including, without restricting the generality of the foregoing, in respect of
their safe custody, investment, management, preservation of capital or interest, or
for the rate of return obtain thereon, or for any loss of the said funds, in whole or
in part, whether through investment or failure of an Institution, or the actions of
the Trustees, or otherwise.
(c) agree, wherever applicable, to forthwith abandon and formally discontinue any
legal proceeding commenced against Canada or Saskatchewan and not to assert
any cause of action, action for declaration, Claim, or demand of whatsoever kind
or nature which the Band or any of its members, whether past, present or future
(including their respective heirs, administrators, executors, successors and assigns)
ever had, now have or may hereafter have against Canada or Saskatchewan relating
to or arising from any Treaty land entitlement and in particular agree, in respect of
any action or claim for outstanding Treaty land entitlement, to forthwith file a
Notice of Discontinuance in respect of any legal proceeding taken by the Band or
any Member thereof for relief, annexing thereto a copy of this Agreement as
minutes of settlement of the action; and
(d) notwithstanding subsections (a), (b) and (c) above, but for greater certainty,
nothing herein is intended nor shall it be construed as affecting any right (including
any Treaty right), action or claim of the Band (other than in respect of outstanding
Treaty land entitlement) including any right, claim or action in respect of any
improper surrender, alienation, or other disposition by Canada of Reserve lands,
claims relating to traditional Indian lands (unrelated to outstanding Treaty land