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House Bill No. 5506

Public Act No. 22-118 225 of 739

commissioner may undertake any obligation and enter into any agreement to accomplish any transaction that is necessary to carry out the provisions of this section or said Asset Purchase Agreement, including the grant or acceptance of any release set forth in said Asset Purchase Agreement. (2) The Commissioner of Administrative Services, on behalf of the state, may purchase from CDECCA Property Company, LLC, in accordance with a purchase and sale agreement, by and between the state, acting by and through the Commissioner of Administrative Services, and CDECCA Property Company, LLC, for the operation of the Capitol Area System, the energy production plant located at 490 Capitol Avenue in the city of Hartford, including the related land, buildings, improvements, equipment and fixtures, that produces and provides steam and heated and chilled water to the Capitol Area System for heating and cooling service to state and nonstate facilities, together with all assets and property described in such purchase and sale agreement. The commissioner may assume all vendor contracts, customer contracts, supplier agreements and third-party contracts with regard to said system. The commissioner may undertake any obligation and enter into any agreement to accomplish any transaction that is necessary to carry out the provisions of this section or such purchase and sale agreement. (b) To the extent any provision in an agreement executed or assumed by the [commissioner] Commissioner of Administrative Services pursuant to subsection (a) of this section may be interpreted as waiving the sovereign immunity of the state, including, without limitation, indemnification provisions, such provision is effective and enforceable against the state solely in accordance with its specific terms. Nothing in this subsection shall be construed as a waiver of the sovereign immunity of the state in any other context. (c) In order to operate the Capitol Area System, the [commissioner]