§ 10-105 Limited waiver of sovereign immunity.
If a claimant has fully exhausted the tribal dispute process in Article III of this chapter, the Gaming Authority’s sovereign immunity, and any and all defenses based thereon, are expressly waived and shall not be asserted with respect to the dispute resolution processes authorized in Articles IV and V of this chapter, in connection with any formal written claim for a compensable injury, including any suit to enforce an obligation under this chapter or enforce or execute a judgment based upon the award of the Tribal Court, Tribal Court Appellate Panel, or JAMS appeal process. This limited waiver is subject to all exclusions and limitations set forth in this chapter, including the following:
A. No compensable injury, determination, judgment or other award may exceed ten million dollars ($10,000,000.00), and this waiver shall not apply to any asset of the Tribe, the Gaming Authority, or the gaming facility, other than the policy.
B. This limited waiver shall not apply to any formal written claim or judgment for prohibited remedies and fees or for punitive damages.
C. This limited waiver shall not apply to any formal written claim against an individual officer or employee of the Gaming Authority or of the Tribe or of any instrumentality, corporation, entity, agency, board, commission, department, or any authority (other than the Gaming Authority) of the Tribe. (Res. 2021-22)