TO LABOR
COSTS, MATERIAL COSTS, PROFESSIONAL CONSULTING AND ENGINEERING COSTS, AND ALL
COSTS AND REASONABLE EXPENSES AND FEES, INCLUDING REASONABLE ATTORNEYS' FEES,
INCURRED BY COUNTY IN ENFORCING THE TRIBE'S OBLIGATIONS UNDER THE CONSTRUCTION
ASSURANCE DEVICE AND THIS AGREEMENT.
THE COUNTY IS NOT ENTITLED TO ATTORNEYS'
FEES IF THE TRIBE PREVAILS IN THE LEGAL DISPUTE DECIDED UNDER THIS SECTION.
20.2.9
THE ARBITRATOR SHALL PROVIDE A WRITTEN AWARD AND A REASONED
DECISION SUPPORTING THE BASIS OF THE AWARD WITHIN THIRTY (30) DAYS OF SUBMISSION
OF THE DISPUTE FOLLOWING HEARING.
THE PROVISIONS OF CALIFORNIA CODE OF CIVIL
PROCEDURE, SECTION 1283.05 ARE INCORPORATED INTO THIS AGREEMENT, PROVIDED,
HOWEVER, THAT NO SUCH DISCOVERY MAY BE CONDUCTED WITHOUT LEAVE OF THE
ARBITRATOR.
ANY DISCOVERY CONDUCTED SHALL BE SUBJECT TO THE CONFIDENTIALITY
PROVISIONS OF THIS AGREEMENT, AND THE ARBITRATOR SHALL MAKE SUCH ORDERS AS ARE
NECESSARY TO ENFORCE SUCH PROVISIONS.
20.3
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT,
DISPUTES RELATED TO COMPLIANCE WITH FEDERAL LAWS AND REGULATIONS, AND PERMIT
CONDITIONS IN CONNECTION THEREWITH, OR REGARDING WHETHER OR NOT THE COMPACT
(INCLUDING ANY AMENDMENTS) HAS BEEN COMPLIED WITH, SHALL NOT BE SUBJECT TO THE
DISPUTE RESOLUTION PROVISIONS IN SECTIONS 20.1 AND 20.2 AND SHALL BE RESOLVED,
IN THE CASE OF FEDERAL LAWS, REGULATIONS AND PERMITS, THROUGH THE DISPUTE
RESOLUTION PROVISIONS APPLICABLE TO SUCH LAWS, REGULATIONS AND PERMITS, AND IN
THE CASE OF THE COMPACT (INCLUDING ANY OBLIGATIONS TO ABIDE BY IT IN THIS
AGREEMENT), THROUGH THE DISPUTE RESOLUTION PROVISIONS BETWEEN THE TRIBE AND THE
STATE CONTAINED THEREIN.
XXI.
JUDICIAL REVIEW AND ENFORCEMENT
21.1
THE AWARD OF AN ARBITRATOR SHALL BE FINAL AND BINDING.
JURISDICTION TO TAKE ANY ACTION NECESSARY TO ENFORCE AN ARBITRATOR'S AWARD, OR
TO TAKE ANY OTHER ACTION PROVIDED FOR UNDER THIS AGREEMENT, SHALL BE IN THE
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA AS WELL AS
ANY APPELLATE COURTS WITH JURISDICTION OVER RELEVANT PROCEEDINGS.
THE PARTIES
HEREBY AGREE THAT INTERPRETATION OF THIS AGREEMENT MAY INVOLVE QUESTIONS OF
FEDERAL LAW, INCLUDING WITHOUT LIMITATION IGRA AND FEDERAL REGULATIONS
PROMULGATED THEREUNDER, THE TRIBAL-STATE GAMING COMPACT, AND THE FEDERAL COMMON
LAW OF INDIAN AFFAIRS.
THE PARTIES HEREBY AGREE TO NOT RAISE OR CHALLENGE THE
JURISDICTION OF SAID FEDERAL COURT TO ADJUDICATE MATTERS AS PROVIDED UNDER THIS
AGREEMENT.
IN THE EVENT THAT THE FEDERAL COURT DECLINES OR LACKS JURISDICTION,
THE PARTIES AGREE TO SUBMIT THE MATTER, INCLUDING THE ENFORCEMENT OF AN
ARBITRATOR'S AWARD, TO THE SONOMA COUNTY SUPERIOR COURT AND ANY RELATED
APPELLATE PROCEEDINGS.
21.2
EXCEPT FOR MATTERS EXPRESSLY EXEMPTED FROM ARBITRATION UNDER THIS
AGREEMENT, THE PARTIES AGREE NOT TO ASSERT, AND WILL WAIVE ANY DEFENSE ALLEGING
ANY GOVERNMENTAL IMMUNITIES,
43
INDISPENSABLE PARTY, EXHAUSTION OF TRIBAL OR ADMINISTRATIVE REMEDIES (EXCEPT FOR
THE PROCEDURES REQUIRED UNDER THIS AGREEMENT), IMPROPER VENUE OR FORUM
NON-CONVENIENS AS TO ANY FEDERAL COURT ACTION BROUGHT PURSUANT TO THIS AGREEMENT
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA, OR,
IF THE FEDERAL COURT DECLINES OR LACKS JURISDICTION, IN THE SONOMA COUNTY
SUPERIOR COURT, INCLUDING RELATED APPELLATE PROCEEDINGS.
21.3