Page 186

139 STAT. 256 PUBLIC LAW 119–21—JULY 4, 2025 the site of production or any part of a qualified facility or energy storage technology of the taxpayer, to the personnel or agents of such contractual counterparty, or ‘‘(ff) on an exclusive basis, maintain, repair, or operate any plant or equipment which is necessary to the production by the taxpayer of eligible components or electricity. ‘‘(III) LICENSING AND OTHER AGREEMENTS.— ‘‘(aa) IN GENERAL.—In addition to sub- clause (II), for purposes of clause (i)(II), the term ‘effective control’ means, with respect to a licensing agreement for the provision of intellectual property (or any other contract, agreement or other arrangement entered into with a contractual counterparty related to such licensing agreement) with respect to a qualified facility, energy storage technology, or the production of an eligible component, any of the following: ‘‘(AA) A contractual right retained by the contractual counterparty to specify or otherwise direct 1 or more sources of components, subcomponents, or applicable critical minerals utilized in a qualified facility, energy storage technology, or in the production of an eligible component. ‘‘(BB) A contractual right retained by the contractual counterparty to direct the operation of any qualified facility, any energy storage technology, or any produc- tion unit that produces an eligible compo- nent. ‘‘(CC) A contractual right retained by the contractual counterparty to limit the taxpayer’s utilization of intellectual prop- erty related to the operation of a qualified facility or energy storage technology, or in the production of an eligible component. ‘‘(DD) A contractual right retained by the contractual counterparty to receive royalties under the licensing agreement or any similar agreement (or payments under any related agreement) beyond the 10th year of the agreement (including modifications or extensions thereof). ‘‘(EE) A contractual right retained by the contractual counterparty to direct or otherwise require the taxpayer to enter into an agreement for the provision of services for a duration longer than 2 years (including any modifications or extensions thereof). ‘‘(FF) Such contract, agreement, or other arrangement does not provide the licensee with all the technical data, information, and know-how necessary to Intellectual property.