Title
A RESOLUTION AUTHORIZING A LIMITED CONSENT TO SUIT IN CONNECTION WITH ITS AGREEMENT WITH UKG KRONOS SYSTEMS, LLC
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, the Cherokee Nation WHEREAS, the Cherokee Nation has entered into an agreement with UKG Kronos Systems, LLC (“UKG”) for the provision of timekeeping and related services (the “Agreement”); and
WHEREAS, UKG has requested that the Cherokee Nation provide a limited consent to suit in connection with the Agreement and related obligations; and
WHEREAS, the Cherokee Nation and UKG have negotiated an amendment to the Agreement containing a Limited Consent to Suit, subject to the terms and limitations of the amendment, from suit, judgment, damages, liabilities, jurisdiction, attachment, and execution arising from or relating to the Cherokee Nation’s monetary and payment obligations under the Agreement and the misappropriation or infringement of UKG’s intellectual property; and
WHEREAS, the amendment further provides that UKG shall not be subject to the jurisdiction of the Cherokee Nation’s tribal court or any similar tribal forum and that the Cherokee Nation shall not bring an action against UKG in tribal court or rely upon a tribal court ruling or direction to suspend its payment or other obligations under the Agreement; and
WHEREAS, the Cherokee Nation intends that the consent to suit authorized by this Resolution be construed narrowly and only to the extent expressly provided in the amendment and the Agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CHEROKEE NATION, that the Cherokee Nation hereby authorizes and approves the execution and delivery of the amendment to the Agreement with UKG containing the limited consent to s...
Click here for full text