Member Admission and Approval. Any entity in the Network service and expansion area, as defined by the Board, may apply for RWC membership. The Board, at its sole and absolute discretion, may admit an applicant as a Member upon completion of all the following and by majority vote of the Members: The Applicant’s written request for RWC Membership. The Applicant’s executing an agreement with the RWC that specifies the fees and costs the applicant must pay the RWC pursuant to Subsection 2.1.5.1 of this Agreement. The Applicant meeting all conditions imposed by the Board and this Agreement. The Applicant executing and becoming a Party to this Agreement.
Member Admission and Approval. Any governmental entity may apply for TRWC membership. The Board, at its sole and absolute discretion, may admit an Applicant as a Member upon completion of all the following: • The Applicant’s written request for TRWC membership that is approved by the Board.
1. The Applicant meeting all conditions imposed by the Board and this Governance Agreement. • The Applicant executing a Counterpart of the Second Amendment to the Amended and Restated Intergovernmental Agreement to Plan, Design, Construct, Operate, Maintain and Finance the Topaz Regional Wireless Cooperative Network (“Second Amendment”) as may be amended and becoming a Party to this Governance Agreement as may be amended.
1.5.1. If the Applicant is a federally recognized Indian Community, Indian Nation, Indian Tribe or other Indian entity (collectively, “Indian Community”), such Applicant must
(1) execute a counterpart to the Second Amendment that consents to a limited waiver of its sovereign immunity as follows: “[name of Indian Community] agrees to waive its sovereign immunity under this Second Amendment as amended solely and exclusively for the strict limited purpose of resolving a claim or dispute that may arise with respect to the interpretation or enforcement of the Amended and Restated Agreement as amended by the First Amendment, the Second Amendment or in any other amendments in the future or [name of Indian Community’s] use of or participation in the TRWC Network” or in another form required by the Board and that consents to the jurisdiction of the federal or state courts authorized in the Second Amendment and (2) provide the Board a resolution executed by the tribal council or other governing body of such Applicant in a form approved by the Board that provides the limited waiver, as stated above, of such Indian Community’s sovereign immunity as required by the Board and consenting to the jurisdiction of the federal or state courts authorized in the Second Amendment.
