Courts. The Tribe and the Authority each waives its immunity from unconsented suit to permit any court of competent jurisdiction to (A) enforce and interpret the terms of this Agreement and the Notes and award and enforce the award of damages against the Authority owing as a consequence of a breach thereof, whether such award is the product of litigation, administrative proceedings or arbitration; (B) determine whether any consent or approval of the Tribe or the Authority has been improperly granted or unreasonably withheld; (C) enforce any judgment prohibiting the Tribe or the Authority from taking any action, or mandating or obligating the Tribe or the Authority to take any action, including a judgment compelling the Tribe or the Authority to submit to binding arbitration; and (D) adjudicate any claim under the Indian Civil Rights Act of 1968, 25 U.S.C. § 1302 (or any successor statute).
Appears in 2 contracts
Samples: Note Purchase Agreement (Mohegan Tribal Gaming Authority), Facility Agreement (Mohegan Tribal Gaming Authority)
Courts. The Tribe and the Authority Issuer each waives waive its immunity from unconsented suit to permit any court of competent jurisdiction to (A) enforce and interpret the terms of this Agreement and the Notes and award and enforce the award of damages against the Authority Issuer owing as a consequence of a breach thereof, whether such award is the product of litigation, administrative proceedings or arbitration; (B) determine whether any consent or approval of the Tribe or the Authority Issuer has been improperly granted or unreasonably withheld; (C) enforce any judgment prohibiting the Tribe or the Authority Issuer from taking any action, or mandating or obligating the Tribe or the Authority Issuer to take any action, including a judgment compelling the Tribe or the Authority Issuer to submit to binding arbitration; and (D) adjudicate any claim under the Indian Civil Rights Act of 1968, 25 U.S.C. § 1302 (or any successor statute).
Appears in 1 contract
Samples: Facility Agreement (Mohegan Tribal Gaming Authority)
Courts. The Tribe and the Authority each waives its waive their immunity ------ from unconsented suit to permit any court of competent jurisdiction to (Ai) enforce and interpret the terms of this Agreement and the Notes Agreement, and award and enforce the award of damages against the Authority owing as a consequence of a breach thereof, whether such award is the product of litigation, administrative proceedings proceedings, or arbitration; (Bii) determine whether any consent or approval of the Tribe or the Authority has been improperly granted or unreasonably withheld; (Ciii) enforce any judgment prohibiting the Tribe or the Authority from taking any action, or mandating or obligating the Tribe or and the Authority to take any action, including a judgment compelling the Tribe or and the Authority to submit to binding arbitration; and (Div) adjudicate any claim under the Indian Civil Rights Act of 1968, 25 U.S.C. § U.S.C (S) 1302 (or any successor statute).
Appears in 1 contract
Samples: Construction Reserve Disbursement Agreement (Mohegan Tribal Gaming Authority)
Courts. The Tribe and the Authority each waives its waive their immunity from unconsented suit to permit any court of competent jurisdiction to (Ai) enforce and interpret the terms of this Purchase Agreement and the Notes and award and enforce the award of damages against the Authority owing as a consequence of a breach thereof, whether such award is the product of litigation, administrative proceedings or arbitration; , (Bii) determine whether any consent or approval of the Tribe or the Authority has been improperly granted or unreasonably withheld; (Ciii) enforce any judgment prohibiting the Tribe or the Authority from taking any action, or mandating or obligating the Tribe or the Authority to take any action, including a judgment compelling the Tribe or the Authority to submit to binding arbitration; and (Div) adjudicate any claim under the Indian Civil Rights Act of 1968, 25 U.S.C. § ss. 1302 (or any successor statute).
Appears in 1 contract
Samples: Purchase Agreement (Mohegan Tribal Gaming Authority)
Courts. The Tribe and the Authority each waives its waive their immunity from unconsented suit to permit any court of competent jurisdiction to (Ai) enforce and interpret the terms of this Purchase Agreement and the Notes and award and enforce the award of damages against the Authority owing as a consequence of a breach thereof, whether such award is the product of litigation, administrative proceedings or arbitration; , (Bii) determine whether any consent or approval of the Tribe or the Authority has been improperly granted or unreasonably withheld; (Ciii) enforce any judgment prohibiting the Tribe or the Authority from taking any action, or mandating or obligating the Tribe or the Authority to take any action, including a judgment compelling the Tribe or the Authority to submit to binding arbitration; and (Div) adjudicate any claim under the Indian Civil Rights Act of 1968, 25 U.S.C. § X.X.X.xx. 1302 (or any successor statute).
Appears in 1 contract
Samples: Purchase Agreement (Mohegan Tribal Gaming Authority)