LLC.1.5.080 Liability for Wrongful Distribution

(a) Except as provided in Section LLC.1.5.080(b) below, an Owner (other than the Tribe or Tribal Entity) or manager who votes or assents to a distribution in violation of Section LLC.1.5.070 or of the Operating Agreement is personally liable to the LLC for the amount of the excess distribution, subject to contribution from all other managers or Owners participating in such action.

(b) An action to recover under this section may be brought in the Tribal Court; however, a proceeding under this section is barred unless it is brought within two (2) years after the date of the distribution.

(c) Nothing in this Code serves to waive any aspect of the Tribe's sovereign immunity, and any waiver thereof must be provided explicitly in the LLC's Operating Agreement.