(A) General . Each party warrants that it will use its best efforts to negotiate an amicable resolution of any dispute between the Tribe and the State arising from this Compact whether as to the construction or operation thereof or the respective rights and liabilities of the Tribe and the State thereunder. If the Tribe and the State are unable to negotiate an amicable resolution of a dispute within a reasonable period of time deemed to be not less than 14 days, either party may refer the matter to arbitration under this Section.
(B) Arbitration. Arbitration may be initiated by written notice pursuant to Section 30 hereof. Within seven days thereafter, each party notify the other party of its nominee for an arbitrator. If the Tribe and the State can agree upon the nomination of a single arbitrator for the dispute, such person shall serve as sole arbitrator of the dispute. If the Tribe and the State do not agree upon the nomination of a single arbitrator, each party’s nominee shall serve as arbitrator upon a panel of three, and those two arbitrators shall nominate the third to serve with them. In the event the two arbitrators fail for any reason to name the third arbitrator within two weeks after the nomination of the last nominated one of them, either nominee shall be entitled to ask the American Arbitration Society to name the third arbitrator. The arbitrators shall commence proceedings within 30 days after their appointment, and hold proceedings providing each party a fair opportunity to present its side of the dispute, together with any documents or other evidence relevant to resolution of the dispute. The arbitration decision shall be signed by the arbitrators and shall be made within 30 days after all evidence relevant to resolution of the dispute has been received by the arbitrators, but no later than 45 days after proceedings are commenced. The arbitration decision shall be final and binding upon the Tribe and the State unless, during or following completion of the arbitration proceedings, the Tribe and the State have met and arrived at a different settlement of the dispute.
(C) Enforcement. If enforcement of a settlement or arbitration decision becomes necessary by reason of failure of one or both parties to implement its terms voluntarily, or if one of the parties refuses to participate in arbitration as provided in this Section and the other party seeks enforcement of any provision of this Compact, the Tribe and the State agree that the matter may be resolved by judicial resolution and enforcement and that venue for judicial resolution and enforcement shall be in the United States District Court for Kansas pursuant tot he specific provisions of this Section.
(D) Expenses of Dispute Resolution or Judicial Enforcement Between the Tribe and the State. The reasonable expenses of dispute resolution by arbitration or judicial enforcement between the Tribe and the State under this section shall be paid by the losing party unless the parties agree otherwise.
(E) Limited Waiver of Sovereign Immunity by the Tribe and Rights to Tribal Remedies. The Tribe hereby waives its sovereign immunity, its right to require exhaustion of tribal remedies, and its right to seek tribal remedies with respect to any dispute over this Compact, effective only if the Tribe fails to implement the terms of a settlement or arbitration voluntarily or refuses to participate in arbitration, and subject to the following specific limitations: (1) Limitation of Claims. The waiver granted herein shall encompass only claims for equitable remedies, state assessments for costs of oversight provided in Section 25 and reasonable expenses of dispute resolution by arbitration or judicial enforcement provided in this Section, but shall not otherwise encompass claims which seek monetary relief, including but not limited to damages, penalties or attorneys fees.
(F) Property and Funds Pledged and Assigned by the Tribe to Satisfy Enforcement Proceedings; Limitation Upon Enforcement.
(2) Time Period. The waiver granted herein shall commence as of the Effective Date of this Compact and shall continue until the date of its termination or cancellation, except that the waivers shall remain effective for any proceedings then pending, and all appeals therefrom. (3) Recipient of Waiver. The waiver of sovereign immunity is limited to the State. (4) Federal Question. The Tribe and the State agree that judicial resolution and enforcement of any dispute between the Tribe and the State regarding this compact or a settlement or arbitration decision with respect thereto, involves questions of federal law. (5) Applicable Law. The law governing any such suit shall be limited to applicable federal law, the common law of the United States, and any State law made applicable by the IGRA and tribal law as interpreted by the Tribal Courts.
(6) Service of Process. In any such suit, service on the Tribe shall be effective if made by certified mail, return receipt requested, tot the Chairperson of the Tribe at the address set forth in Section 30. (7) Enforcement. The Tribe agrees to waive its sovereign immunity from a judgment or order which is final because either the time for appeal thereof has expired or the judgment or order issued by a court having final appellate jurisdiction over the matter. The Tribe agrees to accept and be bound by any order or judgment of the United States District Court for Kansas or any other court having appellate jurisdiction over such Court. Further, the Tribe waives its sovereign immunity as to enforcement in any federal court of any such final judgment against the Tribe.
(G) Guarantee of Tribe Not to Revoke Waiver of Sovereign Immunity. The Tribe agrees not to revoke its waiver of sovereign immunity contained in this Section. In the event of any such revocation, the State may, at its option, declare this Compact terminated for breach by the Tribe.
(1) Property and Funds Pledged and Assigned. Property and funds specifically pledged and assigned to satisfy any dispute resolution by arbitration or enforcement proceedings pursuant to this Section shall comprise only the following:
(a) All assets of any enterprise established by the Tribe to operate any Class III gaming activity or operation pursuant to this Compact,
(b) The distributable share of Net Profit of the Tribe from any such enterprise, any other Class III gaming activity or operation of the kind contemplated hereunder which is operated by the Tribe; provided that none of the above shall include any property held in trust for the Tribe or the Enterprise by the United States.
(2) Limitation Upon Enforcement Against the Tribe. Any award against the Tribe shall be satisfied solely from assets specified in Subsection 31(F)(1) and shall not constitute a lien upon or be collectable from any other income or assets of the Tribe, except with the Tribe’s consent. Specifically, except as provided above, no award for damages, interest, attorneys fees or costs may ever be satisfied pursuant to this partial waiver of sovereign immunity against any other assets of the Tribe, their subordinate entities or officials, including money or real and personal property of every kind or description, whether on or off tribal land, derived from any source whatever other than any Class III gaming activity or operation which is operated by or for the Tribe pursuant to this Compact.
(H) Credit of the Tribe. Except as provided in this Section, this waiver of sovereign immunity shall not implicate or in any way involve the credit of the Tribe.
(I) Waiver of Sovereign Immunity By the State. The State hereby waivers its sovereign immunity, effective only if the State fails to implement the terms of a settlement or arbitration voluntarily or refuses to participate in arbitration pursuant to this Compact, and subject to the specific limitations provided in Section 31, Subsections E(1), (2) and (3).