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File #: 19-022    Version: 1 Name: N/A
Type: Resolution Status: Passed
File created: 3/13/2019 In control: TRIBAL COUNCIL
On agenda: 3/28/2019 Final action: 4/18/2019
Enactment date: 4/15/2019 Enactment #: R-019-19
Title: A RESOLUTION EXPRESSLY AGREEING TO CHOICE OF LAW AND BINDING ARBRITRATION AND AUTHORIZING A LIMITED WAIVER OF SOVEREIGN IMMUNITY OF THE CHEROKEE NATION IN CONNECTION WITH THE USE OF RANK ONE SPORT'S WEBSITE
Sponsors: Mike Shambaugh
Indexes: Sequoyah High School, Waiver of Sovereign Immunity
Code sections: N/A - Not Applicable
Attachments: 1. R-19-19.PDF
Title
A RESOLUTION EXPRESSLY AGREEING TO CHOICE OF LAW AND BINDING ARBRITRATION AND AUTHORIZING A LIMITED WAIVER OF SOVEREIGN IMMUNITY OF THE CHEROKEE NATION IN CONNECTION WITH THE USE OF RANK ONE SPORT'S WEBSITE
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WHEREAS, the Cherokee Nation (“Nation”) since time immemorial has exercised the sovereign rights of self-government on behalf of the Cherokee people;

WHEREAS, the 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 sovereign immunity from suit under federal and state law;

WHEREAS, the Nation has inherent sovereign power by virtue of its constitution and tribal law to enter into contractual agreements and execute such waivers necessary for such agreements;

WHEREAS, waivers of sovereign immunity must be approved by the Cherokee Nation Tribal Council;

WHEREAS, Sequoyah High School is Bureau of Indian Education (“BIE”) school operated through an agreement with the Cherokee Nation;

WHEREAS, AllPlayers Network, Inc. owns and operates Rank One Sport (www.rankonesport.com), a website for schools, parents and students to confidentially transmit forms required by the Oklahoma Secondary School Activities Association (“OSSAA”);

WHEREAS, Sequoyah High School wishes utilize the website for the remainder of the 2018-2019 school year (through June 30, 2019) and the through 2019-2020 school year (by renewal on or about July 1, 2019);

WHEREAS, Sequoyah High School has negotiated an Agreement and Terms of Use with Rank One Sport which includes provisions for choice of law, binding arbitration and a limited waiver of sovereign immunity;

WHEREAS, the Principal Chief and/or his designee have determined that it is necessary for Sequoyah High School to enter into this Agreement and Terms of Use in order for it to comply with OSSAA requirements;

BE IT RESOLVED BY THE CHEROKEE NATION that the Principal Chief and/or his designee are hereby ...

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