DOMESTIC CONTENT REQUIREMENTS. 4.1. The “
DOMESTIC CONTENT REQUIREMENTS. Contractor shall, and shall cause its Subcontractors to, comply with the domestic content requirements set forth in Section 45(b)(9) of the Code and Section 48(a)(12) of the Code, and any regulations or other Treasury Department guidance thereunder, including by ensuring that all steel, iron, and the adjusted percentage (within the meaning of Section 45(b)(9)(C) of the Code) of manufactured products which are components of the Facility (upon completion of construction) supplied by Contractor or its Subcontractors are produced in the United States (as determined under section 661 of title 49, Code of Federal Regulations), and by complying with all applicable record-keeping, reporting and certification requirements. Contractor shall, and shall cause its Subcontractors to, promptly provide all information and documentation reasonably requested by Owner or its agents, successors, or assigns regarding such compliance. If Contractor fails to satisfy any of its obligations set forth in this Section 3.4(a) and the Facility fails to satisfy the domestic content requirements set forth in Section 45(b)(9) of the Code or Section 48(a)(12) of the Code, as applicable, Contractor shall pay to Owner promptly upon demand an amount equal to the bonus credit amount for which the Facility would have been eligible pursuant to Section 45(b)(9) of the Code or Section 48(a)(12) of the Code, as applicable, had Contractor and the Facility satisfied such requirements.
