Limited Waiver of Sovereign Immunity. If Customer is an Indian tribe (in the U.S.) or a First Nation or Band Council (in Canada), Customer, whether acting in its capacity as a government, governmental entity, a duly organized corporate entity or otherwise, for itself and for its agents, successors, and assigns: (1) hereby provides this limited waiver of its sovereign immunity as to any damages, claims, lawsuit, or cause of action (herein “Action”) brought against Customer by Company and arising or alleged to arise out of the furnishing by Company of any product or service under this Agreement, whether such Action is based in contract, tort, strict liability, civil liability or any other legal theory; (2) agrees that jurisdiction and venue for any such Action shall be proper and valid (a) if Customer is in the U.S., in any state or United States court located in the state in which Company is performing this Agreement or (b) if Customer is in Canada, in the superior court of the province or territory in which the work was performed; (3) expressly consents to such Action, and waives any objection to jurisdiction or venue; (4) waives any requirement of exhaustion of tribal court or administrative remedies for any Action arising out of or related to this Agreement; and (5) expressly acknowledges and agrees that Company is not subject to the jurisdiction of Customer’s tribal court or any similar tribal forum, that Customer will not bring any action against Company in tribal court, and that Customer will not avail itself of any ruling or direction of the tribal court permitting or directing it to suspend its payment or other obligations under this Agreement. The individual signing on behalf of Customer warrants and represents that such individual is duly authorized to provide this waiver and enter into this Agreement and that this Agreement constitutes the valid and legally binding obligation of Customer, enforceable in accordance with its terms.
Limited Waiver of Sovereign Immunity. The Employer hereby waives its sovereign immunity from suit for claims by the Executive for the enforcement of this Agreement and any remedies for breach thereof. Nothing herein shall limit the Executive’s right to proceed with any claims otherwise allowed under the laws of the Mohegan Tribe of Indians of Connecticut. The Employer hereby consents to personal jurisdiction and venue in any court of the State of Connecticut or any federal court sitting in the State of Connecticut and the Mohegan Gaming Disputes Court and hereby waives any claim that it may have that such court is an inconvenient forum for the purposes of any proceeding arising under this Agreement as aforesaid and, with respect to a proceeding in a court of the State of Connecticut or a federal court sitting in the State of Connecticut, any requirement that tribal remedies must be exhausted.
Limited Waiver of Sovereign Immunity. The Employer hereby waives its sovereign immunity from arbitration for claims by the Executive for the enforcement of this Agreement and any remedies for breach thereof, and waives its sovereign immunity from suit to enforce or set aside an arbitration award. Nothing herein shall limit the Executive’s right to proceed with any claims otherwise allowed under the laws of the Tribe. The Employer hereby consents to personal jurisdiction and venue in any court of the State of Connecticut, any federal court sitting in the State of Connecticut, and the Mohegan Gaming Disputes Court for the purposes set forth herein, and hereby waives any claim that it may have that such court is an inconvenient forum for the purposes of any proceeding arising under this Agreement as aforesaid and, with respect to a proceeding in a court of the State of Connecticut or a federal court sitting in the State of Connecticut, any requirement that tribal remedies be exhausted.
Limited Waiver of Sovereign Immunity. (a) For the purpose of actions or arbitrations based on disputes between the State and the Tribe that arise under this Compact and the enforcement of any judgment or award resulting therefrom, the State and the Tribe expressly waive their right to assert their sovereign immunity from suit and enforcement of any ensuing judgment or arbitral award and consent to the arbitrator’s jurisdiction and further consent to be sued in federal or state court, as the case may be, provided that:
(1) The dispute is limited solely to issues arising under this Compact;
(2) Neither side makes any claim for monetary damages, and solely claims for injunctive relief, specific performance (including enforcement of a provision of this Compact expressly requiring the payment of money to one or another of the parties), and declaratory relief may be sought; and
(3) Nothing herein shall be construed to constitute a waiver of the sovereign immunity of either the Tribe or the State with respect to any third party that is made a party or intervenes as a party to the action.
(b) In the event that intervention, joinder, or other participation by any additional party in any action between the State and the Tribe would result in the waiver of the Tribe’s or the State’s sovereign immunity as to that additional party, the waivers of either the Tribe or the State provided herein may be revoked, except where joinder is required to preserve the court’s jurisdiction, in which case the State and the Tribe may not revoke their waivers of sovereign immunity as to each other.
(c) The waivers and consents to jurisdiction expressly provided for under this section 13.0 and elsewhere in the Compact shall extend to all arbitrations and civil actions authorized by this Compact, including, but not limited to, actions to compel arbitration, any arbitration proceeding herein, any action to confirm, modify, or vacate any arbitral award or to enforce any judgment, and any appellate proceeding emanating from any such proceedings. Except as stated herein or elsewhere in this Compact, no other waivers or consents to be sued are granted by either party, whether in state statute or otherwise, including but not limited to Government Code section 98005.
Limited Waiver of Sovereign Immunity. A. By entering into this Agreement, no Party waives, relinquishes or limits its sovereign immunity, except as expressly provided in Article 19 of this Agreement. Nothing in this Agreement shall be construed as a waiver, express or implied, of the sovereign immunity of the Pueblo de San Xxxxxxxxx, the Pueblo of Pojoaque, the Pueblo of Nambé, or the Pueblo of Tesuque except as expressly provided in Article 19.
B. By entering into this Agreement, none of the Parties shall be responsible for liability incurred as a result of the Authority’s or another Party’s acts or omissions.
C. Any liability incurred by the Authority is subject to the immunities and limitations of the New Mexico Tort Claims Act, Sections 41-4-1, et seq., NMSA 1978, as amended.
D. This Agreement does not modify, in any way, the Parties’ liabilities or sovereign immunity as to third parties, which is governed by federal and state law, including the New Mexico Tort Claims Act. No provision in this Agreement modifies or waives any provision of the New Mexico Tort Claims Act.
E. All agreements entered into by the Parties to effectuate the Settlement Agreement, Cost-Sharing Agreement, and this Agreement shall contain dispute resolution provisions and limited waivers of sovereign immunity substantially the same as those contained in Article 19 of this Agreement.
Limited Waiver of Sovereign Immunity. Developer waives its sovereign immunity from suit solely for the limited purpose of enforcement of the terms of this Agreement by Company in accordance with the provisions set forth herein. Nothing contained in this limited waiver shall be construed to confer any benefit, tangible or intangible, on any person or entity not a party to this Agreement or as a waiver with respect to any such third person or entity. Developer and Company agree that this Agreement shall be governed by and construed according to the laws of the State of New York and the United States of America. The Parties hereto further agree that the United States District Court for the Northern District of New York shall have jurisdiction over and shall be the proper venue for actions to enforce this Agreement. In the event jurisdiction over any controversy arising out of this Agreement is not available in the federal court, the Parties agree that the New York State Courts in Onondaga County shall have jurisdiction over and shall be the proper venue for such controversy.
Limited Waiver of Sovereign Immunity. (a) In the event that a dispute is to be resolved in federal court or a state court of competent jurisdiction as provided in this Section 9.0, the State and the Tribe expressly consent to be sued therein and waive any immunity therefrom that they may have provided that:
(1) The dispute is limited solely to issues arising under this Gaming Compact;
(2) Neither side makes any claim for monetary damages (that is, only injunctive, specific performance, including enforcement of a provision of this Compact requiring payment of money to one or another of the parties, or declaratory relief is sought); and
(3) No person or entity other than the Tribe and the State is party to the action, unless failure to join a third party would deprive the court of jurisdiction; provided that nothing herein shall be construed to constitute a waiver of the sovereign immunity of either the Tribe or the State in respect to any such third party.
Limited Waiver of Sovereign Immunity. The Tribe hereby grants a limited waiver of the Tribe’s sovereign immunity from unconsented suit (hereinafter “Limited Waiver”), as described herein, solely for actions brought by the Company, holders of the Company’s Common Stock, holders of the Company’s Preferred Stock and Indemnified Parties (all of whom are hereinafter referred to as “Authorized Persons”) but by no other entity or individual, to require the performance by the Tribe, the Merger LLC or the Surviving LLC (hereinafter referred to as “Tribal Entities”) of any of their specific duties or obligations set forth in this Agreement (and any addenda thereto). This Limited Waiver is to be strictly construed in favor of the Tribe. To invoke this Limited Waiver, an Authorized Person must not be in breach of any material term of this Agreement, and this Agreement must be in full force and effect or the applicable provisions survive as set forth in Section 8.01. As a material condition precedent to invoking this Limited Waiver, an Authorized Person must have raised the specific issue(s) which it is seeking to pursue hereunder through use of and in strict compliance with the Dispute Resolution procedures set forth below. Notwithstanding anything to the contrary contained herein, the Tribe grants this Limited Waiver herein if, and only if, each and every one of the following conditions and those set forth in paragraph (b) below are complied with in full:
(i) The Claim is brought by an Authorized Person and not by any third party. (With the exception of Authorized Persons, there are no third-party beneficiaries of this Agreement.)
(ii) The Claim must allege a breach by a Tribal Entity of one or more of the specific obligations or duties expressly assumed by the Tribal Entity under the terms of this Agreement.
(iii) The Claim must seek:
(A) Some specific action, or discontinuance of some action, by the Tribal Entity to bring the Tribal Entity into full compliance with the duties and obligations expressly assumed by it under the Agreement; or
(B) Money damages (excluding any special, punitive, exemplary and/or consequential damages) for noncompliance with the terms and provisions of this Agreement. Any recovery of damages shall be limited to that amount authorized under this Agreement;
(iv) An Authorized Person must strictly follow the procedures set forth below in paragraph (b) for meet and confer, and non-binding arbitration prior to taking the matter in dispute raised through those procedures to court. ...
Limited Waiver of Sovereign Immunity. To the extent that the Tribal Company has sovereign immunity, the Tribal Company hereby irrevocably and expressly waives its sovereign immunity for the limited purpose of enforcing the terms of this Agreement through declaratory and/or injunctive relief, provided that none of the Ute Indian Tribe’s assets shall be subject to judgment or otherwise be encumbered, except as specifically authorized herein.
Limited Waiver of Sovereign Immunity. The Tribe and the Authority hereby each expressly and irrevocably grant a limited waiver of its sovereign immunity (hereinafter, “Limited Waiver”) on the terms set forth in this Addendum, solely for the following purposes: (1) for dispute resolution as set forth in this Addendum solely with respect to a Claim (as defined in the Termination Agreement) by LKAR (as opposed to any other entity or individual); (2) for enforcement of the specific covenants and obligations of the Tribe and the Authority under the Termination Agreement or seeking an award of actual damages sustained by LKAR due to the Tribe’s or the Authority’s failure to comply with one or more provisions of the Termination Agreement; (3) for entry and enforcement of any arbitration award entered through the process described herein; (4) for entry of judgment upon any arbitration award through the process described herein; (5) for collection of amounts owed under any arbitration award or under any judgment entered upon such arbitration award, and (6) for judicial proceedings otherwise permitted herein, in each case subject to Limited Recourse. Except as expressly set forth herein, neither the Tribe nor the Authority waive, limit or modify its sovereign immunity, including its immunity from unconsented suit, and this Limited Waiver is to be strictly construed in order to preserve inviolate the sovereign immunity of the Tribe and the Authority in all other respects.
