Title
A RESOLUTION AUTHORIZING A LIMITED CONSENT TO SUIT FOR THE LEASE AGREEMENT BETWEEN CAPERPILLAR FINANCIAL SERVICES CORPORATION AND THE CHEROKEE NATION
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 an historic and continual government to government relationship with the United States of America; and
WHEREAS, being a federally recognized Indian Tribe, the Cherokee Nation enjoys sovereign immunity from suit under federal and tribal law; and
WHEREAS, the Cherokee Nation ("Nation") has inherent sovereign authority as well as the authority granted by its constitution and tribal law to enter into contractual agreements to benefit the Nation and the citizens thereof; and
WHEREAS, the Cherokee Nation wishes to enter into a contractual agreement (the "Lease Agreement") with Caterpillar Financial Services Corporation ("Cat Financial"); and
WHEREAS, Cat Financial has requested a limited consent to suit from the Nation to allow enforcement of the parties' obligations with respect to the proposed Lease Agreement if necessary.
BE IT RESOLVED BY THE CHEROKEE NATION, that for the sole purpose of allowing for the enforcement of the terms of the Lease Agreement, attached hereto as Attachment 1 and incorporated by reference as if stated in full herein, 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 limited to breach of contract or indemnification and seeks only compensatory damages resulting from the Nation's noncompliance with the terms of the Lease Agreement, provided the Nat...
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