Common use of By the Tribe Clause in Contracts

By the Tribe. The Tribe hereby waives on a limited basis its sovereign immunity in the courts of the Commonwealth or federal courts of appropriate jurisdiction in favor of the City for the purpose of resolving all Disputes under this Agreement, provided that any monetary judgment or award against the Tribe resulting from any Dispute shall be enforced or collected only from Recourse Assets. The Tribe also expressly forgoes and waives any claim that the exhaustion of any Tribal court proceeding is or will be a necessary prerequisite to the initiation or maintenance of any actions subject to the waivers herein. The parties expressly acknowledge and agree, however, that any waiver of sovereign immunity provided for in this Agreement shall not apply to acts of the Tribe related to the performance of governmental functions.