TRIBAL LIMITED WAIVER AND CONSENT AGREEMENT – FORM 48.1 The ALTA 48 and 48.1 endorsements are related to Native American tribal land transactions and address issues of sovereign immunity. They are designed to facilitate transactions by either incorporating a limited waiver of sovereign immunity within the policy itself (ALTA 48) or by referencing a separate, pre-existing waiver of immunity agreement (ALTA 48.1). These endorsements provide the necessary waivers so that the insurer can enforce its rights arising out of or related to the policy. Generally, the ALTA 48 is transaction-specific, while the ALTA 48.1 incorporates an existing general agreement between the Tribe and the insurer, thereby eliminating the need for the specific waiver under the ALTA 48. The ALTA 48.1 Endorsement is used when a separate Tribal Limited Waiver and Consent Agreement has already been executed in connection with the transaction or where the Tribe or tribal entity has a negotiated, separate, general waiver of sovereign immunity agreement with the insurer in contemplation of multiple ongoing transactions. This endorsement incorporates that agreement into the policy and confirms that the Company has issued the policy in reliance on it. ALTA 48.1 does not alter policy terms or expand coverage; rather, it ensures the enforceability of the title policy by formally linking the underlying waiver. ALTA Endorsement — Form 48.1 Tribal Limited Waiver and Consent Agreement Form 48.1 Tribal Limited Waiver and Consent Agreement ALTA ENDORSEMENTS - 310 - SAMPLES AND DESCRIPTIONS
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