Common use of Inflation Reduction Act Clause in Contracts

Inflation Reduction Act. ‌ 9.2.1 Seller shall ensure that any Laborers and Mechanics that perform any portion of the Work that constitutes Construction or Repair or Alteration are paid wages at rates not less than the prevailing rates for work of a similar character in the locality where such Construction or Repair or Alteration is performed, as most recently determined by the Secretary of Labor at the time of the relevant Work, in accordance with subchapter IV of chapter 31 of title 40, United States Code. 9.2.2 Except as provided in this Section 9.2.2, Seller shall ensure that the percentage of the total Labor hours incurred in connection with any portion of the Work that constitutes Construction or Repair or Alteration and that is performed by Qualified Apprentices is at least equal to that percentage set forth in that subsection of Code Section 45(b)(8)(A)(ii) applicable to the year in which the Project begins construction for purposes of Code Section 48. Seller shall employ, and shall ensure that any Tax Subcontractor that employs four or more individuals in connection with such Construction employs, one or more Qualified Apprentices. Seller shall, and shall cause all Tax Subcontractors to retain books and records sufficient to demonstrate compliance with the foregoing. In the event that Seller or any Tax Subcontractor is not able to provide such written documentation, Seller shall be deemed to have satisfied the responsibility set forth in this Section 9.2.2 to the extent that Seller provides written documentation demonstrating to Owner’s reasonable satisfaction (i) that Seller or any such Tax Subcontractor requested Qualified Apprentices from a Registered Apprenticeship Program, and (ii) either (I) such request was denied for reasons other than the failure of Seller or such Tax Subcontractor to comply with the established standards and requirements of such Registered Apprenticeship Program, or