Title
A RESOLUTION AUTHORIZING A LIMITED WAIVER OF IMMUNITY OF THE CHEROKEE NATION TO THE OKLAHOMA TOBACCO SETTLEMENT ENDOWMENT TRUST FOR PURPOSES OF THE TSET HEALTHY LIVING PROGRAM PROPOSAL
Body
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, a goal of the Cherokee Nation is to address all the health needs, promoting the health and welfare of its citizens;
WHEREAS, Cherokee Nation’s Public Health Department seeks a grant from the Oklahoma Tobacco Settlement Endowment Trust, and a condition of this grant is that the Cherokee Nation enact a limited waiver of its immunity;
WHEREAS, Cherokee Nation Tribal Council has determined that a waiver of the immunity of the Cherokee Nation Tribe that is limited as stated in the following: ''Limited Waiver of Sovereign Immunity," is appropriate for this purpose; this limited waiver of sovereign immunity is contingent upon the Cherokee Nation Tribal Council approving the contract, if awarded, to ensure the waiver of sovereign immunity is limited to the terms of the Oklahoma Tobacco Settlement Endowment Trust contract.
“Limited Waiver of Sovereign Immunity”
To the extent that the grantee, may have: immunity from any action to enforce the terms of the contract provided and approved by the Cherokee Nation Tribal Council, the grantee expressly and irrevocably waves for the benefit of the Oklahoma Tobacco Settlement Endowment Trust and to the fullest extent permitted by 1aw, any immunity on the grounds of sovereignty or other similar grounds from (a) any liability, dispute, suit or action arising out of this contract, (b) jurisdiction of any court, including the courts of the State of Oklahoma, (c) such relief, including, monetary damages, inj...
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