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A RESOLUTION AUTHORIZING A LIMITED WAIVER OF SOVEREIGN IMMUNITY OF WILL ROGERS DOWNS, LLC, CHEROKEE NATION ENTERPRISRES, LLC, CHEROKEE NATION BUSINESSES, LLC AND THE CHEROKEE NATION
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WHEREAS, the Cherokee Nation since time immemorial has exercised the sovereign rights of self-government in behalf of the Cherokee people;
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;
WHEREAS, pursuant to Legislative Act #23-04, as amended by Legislative Act #16-05, the Principal Chief is authorized to execute waivers of sovereign immunity for business transactions of Cherokee Nation-owned business entities, including those business entities participating in the United States Small Business Administration 8(a) Business Development Program, 13 CFR 124;
WHEREAS, Will Rogers Downs, LLC (WRD), Cherokee Nation Enterprises, LLC (CNE), and Cherokee Nation Businesses, LLC (CNB) are for-profit businesses organized under the Laws of the Cherokee Nation and, as such, enjoy sovereign immunity from suit under tribal and federal law;
WHEREAS, pursuant to Resolution #76-05, a limited waiver of sovereign immunity was granted of WRD, CNE and the Cherokee Nation in order to meet the requirements of the Conditional Organization license, 2005-OHRC-003 as granted by the Oklahoma Horse Racing Commission (OHRC);
WHEREAS, the Cherokee Nation deems it both necessary and appropriate that WRD be permitted to apply for an organizational license and conduct pari-mutuel horse racing pursuant to the Oklahoma Horse Racing Act, Title 3A ยง 200 et seq.;
WHEREAS, the OHRC has granted a Conditional Organization License, 2006-OHRC-014 that requires a limited waiver of sovereign immunity.
BE IT RESOLVED BY THE CHEROKEE NATION, the undersigned Principal Chief on behalf of the Cherokee Nation and WRD hereby waives the sovereign immunity of WRD from suit, liability, judgment and co...
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