The properties and assets, both real and personal, of the shareholder,
Directors, and officers shall be exempt from the debts and liabilities
of the Corporation.
Nothing in this Charter of Incorporation shall be construed
as creating or recognizing any rights to encumber, levy, affix, adjudicate,
and/or take judgment against any Tribal assets or property owned by
the Grand Traverse Band for any action, adjudication, or determination
of liability of the Corporation.
(a)
Any waiver of the Corporation's sovereign immunity, if any, is not
intended to be, nor shall it be construed as, a waiver of the sovereign
immunity of the Grand Traverse Band, nor shall any such waiver create
a liability on the part of the Grand Traverse Band for the debts or
obligations of the Corporation.
(b)
Any exercise of the Corporation's authority to sue or to be sued
shall not be construed or operate as a consent to suit by or against,
or to attachment of assets of, the Grand Traverse Band.
(a)
The Corporation is hereby clothed with all the privileges and immunities
of the Grand Traverse Band, except as specifically limited by this
Title or other Tribal law, including sovereign immunity from suit
in any state, federal or Tribal Court.
(b)
Except as provided in this section, nothing in this Charter nor any
action of the Tribe or the Corporation shall be deemed or construed
to be a waiver of sovereign immunity from suit of the Corporation,
or to be a consent of the Tribe or the Corporation to the jurisdiction
of the United States or of any state or any other tribe with regard
to the business or affairs of the Tribe or the Corporation to any
cause of action, case or controversy, or to the levy of any judgment,
lien or attachment upon any property of the Tribe or the Corporation,
or to be a consent of the Tribe or the Corporation to suit in respect
to any Indian land, or to be a consent of the Tribe or the Corporation
to the alienation, attachment or encumbrance of any such land.
(a)
All inherent sovereign rights of the Tribe as a federally-recognized
Indian tribe with respect to the existence and activities of the Corporation
are hereby expressly reserved, including sovereign immunity from suit
in any state, federal or tribal court.
(b)
Except as provided in § 218 below, nothing in this Charter
nor any action of the Corporation shall be deemed or construed to
be a waiver of sovereign immunity from suit of the Tribe, or to be
a consent of the Tribe to the jurisdiction of the United States or
of any state or of any other tribe with regard to the business or
affairs of the Corporation or the Tribe, or to be a consent of the
Tribe to any cause of action, case or controversy, or to the levy
of any judgment, lien or attachment upon any property of the Tribe;
or to be a consent to suit in respect to any Indian land, or to be
a consent to the alienation, attachment or encumbrance of any such
land.
(a)
Sovereign immunity of the Corporation may be waived only by express
resolutions of both the Corporation and the GTB Tribal Council after
consultation with the Tribe's attorneys.
(b)
All waivers of sovereign immunity must be preserved by resolutions
of the Corporation and the Tribal Council of continuing force and
effect.
(c)
Waivers of sovereign immunity are disfavored and shall be granted
only when necessary to secure a substantial advantage or benefit to
the Corporation.
(d)
Waivers of sovereign immunity shall not be general but shall be specific
and limited as to duration, grantee, transaction, property or funds,
if any, of the Corporation subject thereto, court having jurisdiction
pursuant thereto and law applicable thereto.
(e)
Neither the power to sue and be sued provided in § 211(s),
Corporate Powers, nor any express waiver of sovereign immunity by
resolution of the Corporation shall be deemed a consent to the levy
of any judgment, lien or attachment upon property of the Corporation
other than property specifically pledged or assigned, or a consent
to suit with respect to any land within the exterior boundaries of
the Reservation or a consent to the alienation, attachment or encumbrance
of any such land.
