Title
A RESOLUTION AUTHORIZING A LIMITED WAIVER OF SOVEREIGN IMMUNITY
Body
WHEREAS, the Cherokee Nation since time immemorial has exercised the sovereign rights of self-government in 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, Cherokee Nation Businesses, L.L.C. (“CNB”) is a for-profit limited liability company organized under the laws of the Cherokee Nation, is wholly owned by the Cherokee Nation and enjoys sovereign immunity from suit under federal law; Cherokee Nation Entertainment, L.L.C. (“CNE”) is a for-profit limited liability company organized under the laws of the Cherokee Nation, is wholly owned by CNB and enjoys sovereign immunity from suit under federal law; and CNB’s and CNE’s respective direct and indirect majority owned subsidiaries enjoy sovereign immunity from suit under federal law; and
WHEREAS, CNB, CNE, and their respective direct or indirect majority-owned subsidiaries (collectively referred to herein as the “Ordering Parties”) desire to purchase products and order services from Oracle America, Inc. (“Oracle”), from Oracle’s subsidiary Micros Fidelio Worldwide, LLC (“MFWW”), or from their respective authorized resellers (Oracle, MFWW and such resellers being collectively referred to herein as the “Sellers”). Such purchases and orders by Ordering Parties from Sellers are collectively referred to herein as “Transactions.” All documents related to the Transactions that are executed by Ordering Parties or expressly incorporated into such executed documents by reference, including without limitation Sellers’ General Terms, all related Schedules, Executable Quotes, Ordering documents, and any amendments and addenda to, or renewals of, any of the foregoing, are collectively referred to herein as the “Transaction Documents”; and
WHEREAS, the Sellers have requested that ...
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