2.3.14.040 Authorization

(a) The Council hereby authorizes the Governor to negotiate and sign a non-disclosure agreement with PNM for a particular project.

(b) The Governor is authorized to waive the Pueblo's sovereign immunity from suit in order to enforce the terms of a non-disclosure agreement with PNM subject to the following requirements:

(1) The waiver shall identify the parties or parties for whose benefit the waiver is granted, the transaction or transactions and the claims or class of claims for which the waiver is granted, the court or courts in which suit against the Pueblo may be brought, that the waiver is limited to equitable relief and/or actual damages, and any other limitations or restrictions on relief.

(c) The Governor shall notify the Council when the Governor has signed a waiver of the Pueblo's sovereign immunity pursuant to this Act.