Title
A RESOLUTION AUTHORIZING THE WAIVER OF SOVEREIGN IMMUNITY FOR THE AT&T MASTER AGREEMENT WITH THE CHEROKEE NATION
Body
WHEREAS, the Cherokee Nation since time immemorial has exercised the sovereign rights of self-government on 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, being a federally recognized Indian Tribe, the Cherokee Nation enjoys governmental immunity from suit under federal and tribal law;
WHEREAS, the Cherokee Nation (”Nation”) has through inherent sovereign authority and by constitution and tribal law the authority to enter into contractual agreements to benefit the Nation and the citizenry thereof;
WHEREAS, the Cherokee Nation Information Systems Group, a division of the Executive Branch of the Nation, wishes to enter into a contractual agreement, known as the AT&T Master Agreement, with AT&T Corp.;
WHEREAS, the other parties to the AT&T Master Agreement have requested a limited waiver of sovereign immunity from the Nation so that the agreement may be enforced if necessary.
BE IT RESOLVED BY THE CHEROKEE NATION, that for the sole purpose of allowing for enforcement of the terms of the AT&T Master Agreement, established as set forth in Attachment 1, which is incorporated by reference and made a part of this resolution as if stated herein in full, the Cherokee Nation Council agrees to a limited waiver of sovereign immunity, only if all of the following conditions are met:
(1) The entity seeking to bring suit against the Nation is AT&T Corp., or a corporate affiliate of AT&T Corp. that provides services to the Nation under the AT&T Master Agreement (collectively “AT&T”); and
(2) The claim is for breach of contract and seeks only compensatory damages resulting from Nation’s noncompliance with the attached agreement, provided that Nation’s waiver of sovereign immunity in an a...
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