2017/05/31 Council Agenda Packet

• 5 a. The Stillaguamish Tribe expressly reserves all of its inherent sovereign rights as a sovereign Tribe,including its rights as a federally-recognized Tribe to sovereign immunity from suit in any state, federal or tribal court without the Tribe's explicit consent. By entering into this Agreement,the Tribe hereby grants a limited waiver of sovereign immunity to the ICART Participants only, subject to and conditioned on the following: i. This limited waiver of sovereign immunity shall not extend to or be used for or to the benefit of any other person or entity of any kind or description whatsoever,including any successor of an ICART Participant. ii. Nothing contained in this Agreement shall be deemed as consent to levy of any judgment,lien or attachment upon any assets,property or interest of the Tribe except as specifically described herein. iii. Nothing in this Agreement nor any activity of the Tribe shall implicate or in any way involve the trust assets or credit of the Tribe or any of its • members. b. The Tribe hereby expressly waives sovereign immunity to suit only with respect to claims made relating to,or arising under,this Agreement by any ICART Participant,to interpret or enforce the terms of this Agreement, or upon a claim of indemnification by an ICART Participant pursuant to Section 11 of this Agreement. The limit for any claim of indemnification will be the insurance limit set forth in Section 9 of this Agreement. The parties agree that in discharging this indemnification obligation,where the required insurance is procured,the County shall look only to the proceeds of the insurance procured.by the Tribe herein, and the policy of insurance obtained by the Tribe shall prohibit the insurer from asserting a defense of sovereign immunity to a claim made under the policy. c. The Tribe agrees to assign over to the ICART Participant seeking indemnity, at its request,any and all of its rights against the insurer to effectuate a payment of its indemnification provision. Should the Tribe fail to procure and maintain the • insurance required by this Agreement,the Tribe hereby waives any claim of immunity or exemption for any assets it holds that are not subject to a restriction against alienation up to the amount necessary to.discharge the indemnity obligation and the costs of collection. 12.DISPUTE RESOLUTION. Any dispute arising under this Agreement will be forwarded to the ICART Board for resolution: The determination made by the ICART Board shall be final and conclusive as between the parties. This provision shall not apply to issues of indemnity and liability governed by the hold harmless provision in section 10 and the waiver of sovereign immunity in section 11 of this Agreement. Page 5 of 7 52