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<br />16 <br /> <br /> <br />The Parties understand that the Department of the Treasury (“Department”) and the Internal Revenue Service (“IRS”) have <br />issued initial guidance / proposed rules regarding the provisions of §§ 30C, 45, 45L, 45Q, 45U, 45V, 45Y, 45Z, 48, 48C, 48E, <br />and 179D of the Internal Revenue Code (“Code”), as amended or added by Public Law 117-169, 136 Stat. 1818 (August 16, <br />2022), commonly known as the Inflation Reduction Act of 2022 (“IRA”). The existing guidance is neither final as to many <br />provisions/topics, nor all-encompassing. Contractor’s assistance to Customer in determining the Project specifics with an eye <br />toward securing tax credits, direct payments or grants under the Inflation Reduction Act is based on Contractor’s understanding <br />of the guidance / proposed rules in existence on the date of the Contract. Contractor does not warrant or guarantee that the <br />Treasury Department / IRS will agree with Contractor’s understanding, or that (1) Customer will be successful in securing any <br />tax credits, direct payments or grants under the Inflation Reduction Act, or (2) that Customer’s cost associated with meeting the <br />preconditions for any tax credit, direct payment or grant under the Inflation Reduction Act will be at the level predicted by <br />Contractor. Customer agrees that any decision on whether or how to pursue any tax credits, direct payments or grants under the <br />Inflation Reduction Act, and any decision on how to ensure compliance with any pertinent requirements, preconditions, rules <br />and regulations applicable to securing and/or applying for any tax credits, direct payments or grants under the Inflation <br />Reduction Act, is based upon Customer’s own, independent research, and not on that of Contractor. <br /> <br />Exclusions: <br />• Utility Upgrades / Grid Impact Studies <br />• Re-routing or modification of underground infrastructure. <br />• Back Up Power Generation during Interconnection Outage <br />• Costs associated with filing for IRA rebate. <br />• Filing for IRA rebate is the responsibility of the City of South Bend. <br />• Compliance with Domestic Content IRA Incentive <br />