Title
A RESOLUTION REPLACING RESOLUTION #129-09 EXPRESSLY WAIVING THE SOVEREIGN IMMUNITY OF THE CHEROKEE NATION AND OF CHEROKEE NATION HOME HEALTH SERVICES, INC., TO THE EXTENT IT MAY EXIST, AS IT APPLIES TO THE BANK OF CHEROKEE COUNTY AND CHEROKEE NATION HOME HEALTH SERVICES, INC. LOAN AGREEMENTS AND PROVIDING FOR A GUARANTEE BY CHEROKEE NATION OF THE LOAN AGREEMENTS UP TO $786,000
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WHEREAS, the Cherokee Nation since time immemorial has exercised the sovereign rights of self-government on 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, the Council of the Cherokee Nation hereby authorizes the Principal Chief of the Cherokee Nation to expressly waive its sovereign immunity from suit, as articulated below, with respect to any breach of contract, action for indebtedness, foreclosure and execution, deficiency, action for damages or action in mandamus or other proceedings in law or in equity, including rights of appeal, to compel the Cherokee Nation to perform the obligations, covenants and agreements undertaken in the Loan Documents, or any other document executed and delivered by the Cherokee Nation in connection with consummating the loan transactions contemplated in the Loan Documents, with respect to any action against the Cherokee Nation and/or Cherokee Nation Home Health Services, Inc., its wholly owned and tribally operated corporation. The Nation hereby expressly and irrevocably waives it sovereign immunity (and any defenses based thereon) for only the following remedies as provided by the Nation's Uniform Commercial Code or the Oklahoma Commercial Code if the Nation has no applicable provision: specific performance, money damages for breach not exceeding the face amount of the contract, attorney fees and costs as provided by the Loan Documents and/or replevin or attachment in aid of execution...
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