6.30.670 Waiver of Sovereign Immunity.
The limited liability companies established under this chapter may only waive the privileges and immunities granted under STC 6.30.030 in the following manner:
(1) The limited liability company may specifically grant limited waivers of its immunity from suit and consent to be sued in Tribal Court or another court of competent jurisdiction or consent to binding arbitration pursuant to the procedures and authorities set forth in the limited liability company’s operating agreement; provided, however, that:
(a) Any such waiver or consent to suit granted pursuant to the limited liability company’s operating agreement shall in no way extend to any action against the Tribe, nor shall it in any way be deemed a waiver of any of the rights, privileges and immunities of the Tribe;
(b) Any recovery against the limited liability company shall be limited to the assets of the limited liability company (or such portion of the limited liability company’s assets as further limited by the waiver or consent) and the Tribe shall not be liable for the payment or performance of any of the obligations of the limited liability company, and no recourse shall be had against any assets or revenues of the Tribe in order to satisfy the obligations of the limited liability company, including assets of the Tribe leased, loaned, or assigned to the limited liability company for its use, without transfer of title; and
(c) Any waiver of the limited liability company’s immunities granted pursuant to the limited liability company’s operating agreement shall be further limited or conditioned by the terms of such waiver.
(2) The sovereign immunity of the limited liability company shall not extend to actions against the limited liability company by the Tribe acting as owner, or, in the case of a subsidiary limited liability company created pursuant to this chapter, by the parent limited liability company acting as owner.
(3) The limited liability company must follow the method mandated above. [Res. 2023-10-019 § 1, 2023.]