§ 2-922. Additional requirements for articles of organization.
As set forth in Section 2-913 of this Title, LLCs established under Sections 2-911 and 2-912 of this Title may grant a limited waiver of sovereign immunity in order to promote economic development through commercial transactions for which such a waiver is necessary and beneficial to the Nation. The method for granting a limited waiver of sovereign immunity through the above-mentioned entities is as follows:
A. The sovereign immunity of an Osage Nation entity may be waived only by:
1. A resolution adopted by the Board of Directors of the Osage Nation LLC for the specific purpose of granting a waiver; and
2. The language of the waiver must be explicit; and
3. The waiver must be contained in a written contract or commercial document to which the LLC is a party.
B. Waivers of sovereign immunity by resolution may be granted only when necessary to secure a substantial advantage or benefit to the Osage Nation entity. Waivers of sovereign immunity by resolution may not be general but must be specific and limited as to duration, grantee, transaction, property or funds of the Osage Nation entity subject to the waiver, court having jurisdiction and applicable law. ONCA 08-02, eff. June 13, 2008.