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.
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Samples: Tribal State Gaming Compact, Tribal State Gaming Compact, Tribal State Compact (River Rock Entertainment Authority)
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;Compact;
(2) Neither side makes any claim for monetary damages (that is, only injunctive, specific performance, including enforcement of a ofa provision of this Compact requiring payment of money to one or another of the parties, or declaratory relief is reliefis sought); andand
(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 jurisdictionofjurisdiction; 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.party.
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Samples: Tribal State Compact