Title
A RESOLUTION AUTHORIZING A LIMITED CONSENT TO SUIT FOR A TRANSACTION INVOLVING CHEROKEE NATION AND ORACLE AMERICA, INC.
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, being a federally recognized Indian Tribe, the Cherokee Nation enjoys sovereign immunity from suit under federal and tribal law; and
WHEREAS, the Cherokee 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 previously entered into a contractual arrangement with Cerner Corporation to provide the Cherokee Nation's electronic medical record services; and
WHEREAS, since that time, Oracle America, Inc. acquired Cerner Corporation and assumed the contractual obligations under that arrangement; and
WHEREAS, as part of technological advances of the electronic medical record services, the Cherokee Nation now needs its electronic medical record to be cloud-based; and
WHEREAS, Oracle America, Inc. has requested a limited consent to suit from the Nation to allow enforcement of the parties' obligations with respect to the Cloud Services Agreement only.
BE IT RESOLVED BY THE CHEROKEE NATION, that for the sole purpose of allowing for the enforcement of the terms of the Cloud Services Agreement, attached hereto as Attachment 1 and incorporated by reference as if stated in full herein, the Council of the Cherokee Nation agrees to a limited consent to suit, only if the following conditions are met:
1. The consent is for the sole purpose of enforcement of the Agreement above; and
2. The entity ...
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