Title
A RESOLUTION AUTHORIZING LIMITED WAIVER OF SOVEREIGN IMMUNITY FOR THE PURPOSE OF A TOBACCO SETTLEMENT ENDOWMENT TRUST CONTRACT WITH THE STATE OF OKLAHOMA
Body
WHEREAS, the Cherokee Nation since time immemorial has exercised the sovereign rights of self-government on behalf of the Cherokee people; and,
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; and,
WHEREAS, a goal of Cherokee Nation is to address health needs and to improve and promote the health and welfare of its citizens.
WHEREAS, Cherokee Nation's Public Health department has been awarded a grant from the Oklahoma Tobacco Settlement Endowment Trust, pending execution of the award agreement, and a condition of this grant is that Cherokee Nation enact a limited waiver of its sovereign immunity; and,
WHEREAS, the Council of the Cherokee Nation has determined that a waiver of the immunity of Cherokee Nation that is limited, as stated in the following Limited Waiver of Sovereign Immunity, is appropriate for this purpose; and,
WHEREAS, this Limited Waiver of Sovereign Immunity, below, is contingent upon the Council of the Cherokee Nation's review and approval of the terms as described within the award contract; and,
Limited Waiver of Sovereign Immunity
To the extent that the grantee may have: immunity from any action to enforce the terms of the contract provided and approved by the Cherokee Nation Tribal Council, the grantee expressly and irrevocably waives for the benefit of the Oklahoma Tobacco Settlement Endowment Trust and to the fullest extent permitted by law, any immunity on the grounds of sovereignty or other similar grounds from 1) any liability, dispute, suite, or action arising out of this contract, 2) jurisdiction of any court, including the courts of the State of Oklahoma, 3) such relief, including monetary damages, injunction, order for specific performance or t...
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