Title
A RESOLUTION AUTHORIZING THE LIMITED WAIVER OF SOVEREIGN IMMUNITY FOR THE LEASE AGREEMENT BETWEEN CATERPILLAR FINANCIAL SERVICES CORPORATION AND THE CHEROKEE NATION
Body
WHEREAS, the Cherokee Nation since time immemorial has exercised the sovereign rights of self-government in behalf of the Cherokee people;
WHEREAS, the Cherokee Nation is a federally recognized Indian Nation with a historic and continual government to government relationship with the United States of America;
WHEREAS, being a federally recognized Indian Tribe, the Cherokee Nation enjoys governmental immunity from suit under federal and tribal law; and,
WHEREAS, the Cherokee Nation ("Nation") has through inherent sovereign authority and by constitution and tribal law the authority to enter into contractual agreements to benefit the Nation and the citizenry thereof; and
WHEREAS, the Cherokee Nation wishes to enter into a contractual agreement, known as the Lease Agreement, with Caterpillar Financial Services Corporation ("Cat Financial"); and
WHEREAS, Cat Financial has requested a limited waiver of sovereign immunity from the Nation so that the agreement may be enforced if necessary;
BE IT RESOLVED BY THE CHEROKEE NATION, that for the sole purpose of allowing for enforcement of the terms of the Lease Agreement, established as set forth in Attachment 1, which is incorporated by reference and made a part of this resolution as if stated herein in full, the Cherokee Nation Council agrees to a limited waiver of sovereign immunity, only if all of the following conditions are met:
(1) The entity seeking to bring suit against the Nation is Cat Financial, or an affiliate thereof that provides funding/services to the Nation under the Lease Agreement, and
(2) The claim is for breach of contract or indemnification and seeks only compensatory damages resulting from the Nation's noncompliance with the attached Agreement, provided the Nation's limited waiver of sovereign immunity in an action for ...
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