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City of Santa Ana <br />Agreement No.: D2202006 <br />Project No.: 3010038-002C <br />Page 42 of 49 <br />(c) the construction materials used in the Project are produced in the United States. <br />The Recipient must require its contractors and subcontractors to comply with all applicable <br />BABA requirements and must include the following provision in its contracts and subcontracts <br />under this Agreement: <br />"The contractor acknowledges to and for the benefit of the [name of the Recipient] and the State <br />Water Board that it understands the goods and services under this contract are being funded <br />with federal monies and have statutory requirements commonly known as "Build America, Buy <br />America," that requires all of the iron and steel, manufactured products, and construction <br />materials used in the project to be produced in the United States ("Build America, Buy America <br />Requirements') Including iron and steel, manufactured products, and construction materials <br />provided by the contactor pursuant to this contract. The contractor hereby represents and <br />warrants to and for the benefit of the [name of the Recipient] and the State Water Board (a) the <br />contractor has reviewed and understands the Build America, BuyAmerica Requirements, (b) all <br />of the iron and steel, manufactured products, and construction materials used in the project will <br />be and/or have been produced in the United States in a manner that complies with the Build <br />America, Buy America Requirements, unless a waiver of the requirements is approved, and (c) <br />the contractor will provide any further verified information, certification or assurance of <br />compliance with this paragraph, or information necessary to support a waiver of the Build <br />America, Buy America Requirements, as may be requested by the [name of the Recipient] and <br />the State Water Board. Notwithstanding any other provision of this Agreement, any failure to <br />comply with this paragraph by the contractor shall permit the [name of the Recipient] and the <br />State Water Board to recover as damages against the contractor any loss, expense, or cost <br />(including without limitation attorney's fees) incurred by the [name of the Recipient] and the <br />State Water Board resulting from any such failure (including without limitation any impairment <br />or loss of funding, whether in whole or in part, from the State Water Board or any damages <br />owed to the State Water Board by the [name of the Recipient]). If the contractor has no direct <br />contractual privity with the State Water Board, as a lender or awardee to the [name of the <br />Recipient] for the funding of its project the [name of the Recipient] and the contractor agree <br />that the State Water Board is a third -party beneficiary and neither this paragraph (nor any other <br />provision of this Agreement necessary to give this paragraph force or effect) shall be amended or <br />waived without the prior written consent of the State Water Board." <br />The Recipient must inform the State Water Board immediately of any information regarding a <br />violation of the foregoing. <br />Exhibit C <br />