Title
A RESOLUTION APPROVING A TREASURY SERVICES AGREEMENT AND GRANTING A LIMITED CONSENT TO BE SUED
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, the Nation enjoys governmental immunity from suit under federal, state, and tribal law;
WHEREAS, the Nation has inherent sovereign authority, as evidenced by the Constitution and tribal law, to enter into contractual agreements providing for waivers, pledges, and consent to suit; and
WHEREAS, the Principal Chief has determined that it is advantageous for the Nation to utilize JP Morgan Chase Bank, National Association for certain financial services and has negotiated terms for a Treasury Services Agreement (“Agreement”) that include a limited consent to be sued, which must be approved by the Cherokee Nation Tribal Council.
BE IT RESOLVED BY THE CHEROKEE NATION, that the Council recognizes that the remedy available as a result of a consent to be sued must be carefully and strictly defined, and therefore desires to establish herein the provisions that must be expressly set forth in the Treasury Services Agreement.
BE IT FURTHER RESOLVED that for the sole purpose of allowing the enforcement of the Treasury Services Agreement, and only for the time period set forth therein, the Cherokee Nation agrees to grant a limited consent to be sued, only if all of the following conditions are met:
(1) The entity seeking to bring suit against the Nation is JP Morgan Chase Bank, National Association,
(2) The claim is for breach of contract and seeks only equitable relief or actual damages resulting from the Nation’s noncompliance with the Treasury services Agreement, and
(3) That any action must be brought in a court of competent jurisdiction as set f...
Click here for full text