Common use of Limited Waiver of Sovereign Immunity Clause in Contracts

Limited Waiver of Sovereign Immunity. A. By entering into this Agreement, no Party waives, relinquishes or limits its sovereign immunity, except as expressly provided in Article 19 of this Agreement. Nothing in this Agreement shall be construed as a waiver, express or implied, of the sovereign immunity of the Pueblo de San Xxxxxxxxx, the Pueblo of Pojoaque, the Pueblo of Nambé, or the Pueblo of Tesuque except as expressly provided in Article 19. B. By entering into this Agreement, none of the Parties shall be responsible for liability incurred as a result of the Authority’s or another Party’s acts or omissions. C. Any liability incurred by the Authority is subject to the immunities and limitations of the New Mexico Tort Claims Act, Sections 41-4-1, et seq., NMSA 1978, as amended. D. This Agreement does not modify, in any way, the Parties’ liabilities or sovereign immunity as to third parties, which is governed by federal and state law, including the New Mexico Tort Claims Act. No provision in this Agreement modifies or waives any provision of the New Mexico Tort Claims Act. E. All agreements entered into by the Parties to effectuate the Settlement Agreement, Cost-Sharing Agreement, and this Agreement shall contain dispute resolution provisions and limited waivers of sovereign immunity substantially the same as those contained in Article 19 of this Agreement.

Appears in 3 contracts

Samples: Joint Powers Agreement, Joint Powers Agreement, Joint Powers Agreement

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Limited Waiver of Sovereign Immunity. A. By entering into this Agreement, no Party waives, relinquishes or limits its sovereign immunity, except as expressly provided in Article 19 of this Agreement. Nothing in this Agreement shall be construed as a waiver, express or implied, of the sovereign immunity of the Pueblo de San Xxxxxxxxx, the Pueblo of Pojoaque, the Pueblo of Nambé, or the Pueblo of Tesuque except as expressly provided in Article 19. B. By entering into this Agreement, none of the Parties shall be responsible for liability incurred as a result of the Authority’s or another Party’s acts or omissions. C. Any liability incurred by the Authority is subject to the immunities and limitations of the New Mexico Tort Claims Act, Sections 41-4-1, et seq., NMSA 1978XXXX 0000, as amended. D. This Agreement does not modify, in any way, the Parties’ liabilities or sovereign immunity as to third parties, which is governed by federal and state law, including the New Mexico Tort Claims Act. No provision in this Agreement modifies or waives any provision of the New Mexico Tort Claims Act. E. All agreements entered into by the Parties to effectuate the Settlement Agreement, Cost-Sharing Agreement, and this Agreement shall contain dispute resolution provisions and limited waivers of sovereign immunity substantially the same as those contained in Article 19 of this Agreement.

Appears in 2 contracts

Samples: Joint Powers Agreement, Joint Powers Agreement

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Limited Waiver of Sovereign Immunity. A. By entering into this Agreement, no Party waives, relinquishes or limits its sovereign immunity, except as expressly provided in Article 19 of this Agreement. Nothing in this Agreement shall be construed as a waiver, express or implied, of the sovereign immunity of the Pueblo de San Xxxxxxxxx, the Pueblo of Pojoaque, the Pueblo of Nambé, or the Pueblo of Tesuque except as expressly provided in Article 19. B. By entering into this Agreement, none of the Parties shall be responsible for liability incurred as a result of the Authority’s or another Party’s acts or omissions. C. Any liability incurred by the Authority is subject to the immunities and limitations of the New Mexico Tort Claims Act, Sections 41-4-1, et seq., NMSA 1978XXXX 0000, as amended. D. This Agreement does not modify, in any way, the Parties’ liabilities or sovereign immunity as to third parties, which is governed by federal and state law, including the New Mexico Tort Claims Act. No provision in this Agreement modifies or waives any provision of the New Mexico Tort Claims Act. E. All agreements entered into The Operating Agreement required by Section 612 of the Parties to effectuate Act shall set forth the Settlement Agreement, Cost-Sharing Agreement, financial obligations of each Party for the Regional Water System and this Agreement shall contain dispute resolution provisions and provide for a limited waivers waiver of sovereign immunity substantially of each Party solely for the same as those contained in Article 19 enforcement of this Agreementsuch financial obligations.

Appears in 1 contract

Samples: Joint Powers Agreement

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