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Pueblo de San Ildefonso Code. Findings

The Council hereby finds and declares that:

(a) The Pueblo de San Ildefonso possesses sovereign immunity from suit and the Council is authorized to decide by law how the Pueblo's sovereign immunity may be waived and in what courts suit may be brought against the Pueblo; and

(b) The Pueblo has a business relationship with PNM, an electricity provider, and works with PNM on various projects; and

(c) there are times when PNM may require a non-disclosure agreement in order to engage in sensitive or confidential business discussions about a project with the Pueblo and those types of agreements may contain a requirement that the Pueblo waive its sovereign immunity from suit in order to enforce the terms of the non-disclosure agreement; and,

(d) it is in the best interest of the Pueblo to authorize the Governor to negotiate and sign any required non-disclosure agreement with PNM for a particular project and to waive the Pueblo's sovereign immunity for enforcement of that non-disclosure agreement with PNM, subject to specific requirements set out in this Act.