Title
A RESOLUTION AUTHORIZING THE LIMITED WAIVER OF SOVEREIGN IMMUNITY OF THE CHEROKEE NATION IN CONNECTION WITH A WIND DEVELOPMENT AGREEMENT WITH CHILOCCO WIND FARM, LLC
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 Tribe with a historic and continual government-to-government relationship with the United States of America; and
WHEREAS, the Principal Chief and/or his designee have negotiated arrangements with Chilocco Wind Farm, LLC relating to the entering of a Wind Development Agreement between Cherokee Nation and Chilocco Wind Farm, LLC; and
WHEREAS, in connection with the development of the wind farm on tribal land, it is necessary that the Principal Chief and/or his designee negotiate as necessary a limited waiver of sovereign immunity of the Cherokee Nation;
BE IT RESOLVED BY THE CHEROKEE NATION that the Council recognizes that, in order to allow reasonable redress to the counterparties of the Wind Development Agreement (“WDA”) in the event that Cherokee Nation breeches the WDA, it is necessary to grant a limited waiver of sovereign immunity with respect to the Cherokee Nation so that Chilocco Wind Farm, LLC, may maintain causes of action against the Cherokee Nation in the event of default by the Cherokee Nation under the terms of the Wind Development Agreement;
BE IT FURTHER RESOLVED that the Council further recognizes that the remedy available as a result of a waiver of sovereign immunity must be carefully and strictly defined, and therefore desires to establish herein the provisions that must be expressly set forth in the Wind Development Agreement;
BE IT FURTHER RESOLVED that for the sole purpose of allowing for enforcement of the terms of the above referenced documents, the Cherokee Nation agrees to a limited waiver of sovereign immunity, only if all of the following conditions are...
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