Title
A RESOLUTION AUTHORIZING A LIMITED CONSENT TO SUIT FOR A TRANSACTION INVOLVING CHEROKEE NATION SYSTEM SOLUTIONS, L.L.C., A CHEROKEE NATION TRIBAL LIMITED LIABILITY COMPANY
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, Cherokee Nation Businesses, L.L.C. ("CNB") is a limited liability company organized under the laws of the Cherokee Nation, is wholly owned by the Cherokee Nation, and enjoys sovereign immunity from suit under federal law; and
WHEREAS, Cherokee Nation System Solutions, L.L.C. ("CNSS") is a limited liability company organized under the laws of the Cherokee Nation, is wholly owned by CNB, and enjoys sovereign immunity from suit under federal law; and
WHEREAS, CNSS wishes to enter into a contractual agreement providing support services (the "Services") to the Arizona Department of Economic Security ("ADES") (the "Agreement"), which includes a binding arbitration provision to allow enforcement of the parties' obligations with respect to the proposed agreement if necessary.
BE IT RESOLVED BY THE CHEROKEE NATION, that for the sole purpose of allowing for enforcement of the terms of the Agreement, the Tribal Council hereby agrees to a limited waiver of sovereign immunity, only if the following conditions are met:
1. Only ADES shall be eligible to bring a claim against CNSS to enforce the terms of the Agreement.
2. The claim is limited to obligations or rights arising under the Agreement in a breach of contract claim, including, but not limited to, any claims that CNSS is in breach of its respective contractual indemnity obligations under the Agreement.
3. This waiver is specifically limited to enforcement of an award by any Arizona arbitration tribunal or court ...
Click here for full text