Memorandum Of Understanding|
Cherokee Nation and the City Of Chattanooga
This Memorandum of Understanding (hereinafter referred to as "MOU") is made and entered into this  day of [October], 2006, by and between Cherokee Nation, P.O. Box 948, Tahlequah, Oklahoma 74465 (hereinafter referred to as the "NATION"), and the City of Chattanooga, TN. 1001 Lindsey St., (hereinafter referred to as the "CITY).
|WHEREAS,||the Cherokee Nation since time immemorial has exercised the sovereign rights of self-government in behalf of the Cherokee people;|
|WHEREAS,||the Cherokee Nation is a federally recognized Indian Nation with an historic and continual government to government relationship with United States of America;|
|WHEREAS,||the City of Chattanooga is located within the boundary of the Cherokee Nation before the forced removal in 1839;|
|WHEREAS,||the Cherokee Nation and the City of Chattanooga have a mutual interest in the preservation and interpretation of Cherokee Historic sites in and around Chattanooga;|
|WHEREAS,||the City of Chattanooga and the Cherokee Nation collaborated and cooperated in the effort to extend National Park Service protection to Moccasin Bend;|
|WHEREAS,||the Cherokee Nation and the City of Chattanooga collaborated in the creation and installation of Cherokee art work along the Passage in downtown Chattanooga;|
|WHEREAS,||the City of Chattanooga wishes to continue efforts to preserve and protect important Cherokee historical sites including Brainerd Mission;|
|WHEREAS,||the establishment of an affiliation between the two governments, patterned somewhat after the sister city relationships between municipalities, will strengthen and enhance cultural exchange between individual Cherokees and Cherokee entities, and Chattanooga based organizations such as the Friends of Moccasin Bend and the Downtown Alliance;|
|WHEREAS,||the formalization of the friendship between these entities will enhance informal cultural exchange and understanding by fostering the budding relationships developed among their respective citizens.|
|WHEREAS,||the formalization of the friendship between the Cherokee Nation and the City of Chattanooga will serve as an inspiration and model for other communities occupying former Tribal lands,|
|WHEREAS,||the Government of the Cherokee Nation has expressed its desire that the relationship with the City of Chattanooga be formalized|
|NOW, THEREFORE,||the parties hereto bind themselves together in a relationship expressed in the Cherokee language as Du-na-li-i-yv and described in the English language as a friendship between groups..|
The parties further agree that the terms of this relationship will be as follows:
This MOU may be terminated or canceled by either party upon thirty (30) days written notice by certified letter.
- The term of this MOU shall be from date of last signature through September 30, 2009, unless canceled or extended in writing by both parties hereto.
- This MOU shall be governed by and construed in accordance with the laws of the United States and where applicable the laws of the Cherokee Nation and the State of Tennessee. If it should appear that any of the MOU terms are in conflict with any rule of law or statutory provision of the United States, or where applicable the laws the Cherokee Nation, or the State of Tennessee such conflicting term(s) of this MOU shall be deemed inoperative and null and void insofar as it may be in conflict with such law or statutory provision, and shall be deemed modified to conform to such rule of law or statutory provision. However, such conflict shall not operate to nullify or void the entire MOU.
- This MOU contains the complete expression of the parties' agreement with respect to the subject matter hereof, and shall bind the parties, their successors and assigns. There are no previous or contemporary understandings, representations, or warranties not set forth herein. No subsequent amendment or modification of this MOU shall be of any force or effect unless in writing and signed by the parties to be bound thereby. No provision of this MOU shall be considered waived by the NATION unless such waiver is in writing and signed by the NATION. No such waiver shall be a waiver of any past or future default, breach, or modification of any of the provisions of this MOU unless expressly stipulated in such waiver. The parties further state to the best of their knowledge, no employee of the NATION who exercises any functions or responsibilities in connection with the performance hereunder has any personal interest, direct or indirect, in this MOU. This MOU shall supersede any and all written or oral statements, agreements, and/or representations of the parties made prior to or contemporaneously with the execution hereof. The parties agree their respective performances hereunder shall be governed by an obligation of good faith.
- Each of the parties hereto agree to indemnify and hold harmless the boards, officers, employees, agents, and subagents, of the other party, individually and collectively, from all fines, claims, demands, suits or actions of any kind or nature arising by reason of it's negligent or tortuous acts or omissions in the course of performance of this MOU.
- No change or modification of the terms and conditions of this MOU shall be effective unless reduced to writing and executed by both parties hereto.
- All notices required hereunder shall be sent via U.S. Mail, postage paid, as follows:
To the NATION: Cherokee Nation
Attention: Troy Wayne Poteete, Representative
P.O. Box 948
Tahlequah, OK 74465
With a copy to: Cherokee Nation Acquisition Management
Attention: Contracts Office
P. O. Box 948
Tahlequah, OK 74465
To the City of Chattanooga: Michelle Michaud
1001 Lindsay Street
Chattanooga, TN 37402
In witness whereof, the parties hereto have subscribed their names on the dates set forth herein.