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A. In addition to the limitations stated in Section 6-702(B), a public purpose corporation may waive its sovereign immunity only by:

1. A resolution duly adopted by the Board of Directors of the public purpose corporation within the terms permitted and subject to the limitations regarding such waivers contained in its articles of incorporation and for the specific purpose of granting a waiver; and

2. The language of the resolution must be explicit regarding (a) the scope and limits thereon, (b) duration, (c) transaction(s) to which it applies, (d) the party or parties to whom it is granted, (e) the assets and interests of the public benefit to which it pertains and (f) the court or other dispute resolution forum, or tribunal in which it may be enforced; and

3. The scope and terms of the waiver must be stated in any written contract or other document to which it applies. ONCA 21-27, eff. Apr. 6, 2021.