Indexed REC-53: If I have an Engineering, Procurement and Construction (EPC) Contractor working on the main construction activities related to the Project, does that mean that the EPC Contractor is responsible for compliance with Prevailing Wage Act (PWA) requirements and that the Seller is not responsible for compliance with such requirements under the Indexed REC Contract?

No. As stated in the Indexed REC Contract, Seller must represent that all construction activities related to the Project are compliant with the Prevailing Wage Act requirements.  These requirements apply to all construction work performed by Seller, including all contractors and subcontractors, relating to construction, maintenance, repair, assembly, or disassembly work in relation to the Project. Please review Section 2.2(f) and Section 6.2 of the Indexed REC Contract for more information.