Bill 16-32 Resolution to approve agreement with Pokagon Band of Potawatomi Indiana

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EXECUTION COPY how damages, if any, were determined. The Arbitrators shall have no authority to award consequential, punitive, or other damages not measured by the prevailing party's actual damages. The Arbitrators may assess 'the costs of the Arbitration, excluding attorneys' fees, against a party or among the parties in such amount or amounts as the Arbitrators deems just', provided that such assessment, bears a reasonable relationship to the relative fault of the parties stated in the final decision. The Arbitration award shall be final and binding upon the parties and shall be subject to judicial enforcement in accordance with the terms of this Agreement and Governing-Law. (d). Judicial Action. Judicial actions under this Agreement shall be limited to actions to enforce (1) the agreement to arbitrate contained in this Agreement, (2) any interim order issued by the Arbitrators, including any grant of injunctive relief or order for specific performance, and (3) any Arbitration award or decision, (collectively, "Judicial Actions"). A Judicial Action may onl y be brought in: (1) the United States District Court for the Northern District of Indiana, the United States Court of Appeals for the Seventh Circuit, and the United States Supreme Court, and (2) if the United States District Court lacks jurisdiction, a Judicial Action may be brought in the Indiana State Court system (collectively, "Courts of Competent Jurisdiction").The Bland appoints the Chairman of the Pokagon Band Tribal Council and General Counsel for the Band as its agents for service of all process under or relating to this Agreement. PGA appoints the President and CEO of PGA and General Counsel for PGA as its agents for service of all process under or relating to this Agreement. The Band Parties agree that service in hand or by certified mail, return receipt requested, shall be effective for all purposes under or relating to this Agreement if served on such agents. (e). Limited Waiver of Sovereign Immunity. The Band Parties expressly waive their sovereign immunity fi-orn suit and consent to be sued for any Judicial Action in any of the Courts of Competent Jurisdiction. The Band Parties waive any requirement of exhaustion of tribal remedies. (f). Limited Recourse. The liability of the Band Parties under this Agreement shall always be payable solely from undistributed or future Revenues of PGA as governed by the Pokagon Band Revenue Allocation Plan ( "RAP ",) enacted on January 21, 2012 and approved by the U.S. Secretary of the Interior ( "Secretary ") on June 8, 2012, or any subsequent version of the RAP that is from time to time lawfully approved by the Secretary. Without in any way limiting the foregoing, the Band Parties expressly authorize any governmental authorities who have the right and duty under Governing Law to take actions authorized or ordered by any such court to give effect, subject to such limited Page 17 of 22