24.2.11.050 Authorizations and Waivers

(a) The Council hereby authorizes the Governor to negotiate and sign an Easement Agreement with PNM for the NH Line as well as an IRU Agreement for access to the dark fiber subject to the terms identified herein in substantially similar form, and to make any revisions and amendments as may be necessary to support the execution of an Easement Agreement and an IRU Agreement.

(b) The Council hereby waives the requirement for a bond pursuant to 25 CFR §169.103(f)(2) as the compensation will be paid in full upon the approval of the Grant of Right-of-Way by the BIA, and requests that the BIA defer to the Council's waiver of such bond or security.

(c) The Council has reviewed the proposed monetary compensation to be paid under the proposed Easement Agreement and has determined the compensation amount negotiated between PNM and the Pueblo to be satisfactory to the Pueblo and the Council hereby waives the valuation requirement pursuant to 25 CFR § 169.110(a).

(d) The Council hereby grants an express and limited waiver of the Pueblo's immunity from suit, subject to the limitations herein, to enforce the Easement Agreement and an IRU Agreement, provided that the waiver runs solely to the benefit of PNM, the waiver extends only to the contractual claims of the particular agreement and shall be limited to claims arising from the acts or omissions of the Pueblo, its officers, employees or agents, and applies only to consent to the dispute resolution provisions of the particular agreement, and the waiver does not include special, consequential or punitive damages, costs or attorney fees.

(e) The Governor, or his designee, is authorized to take all actions as necessary to carry out the intent of this Act.