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(iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower <br />tier, for Work of Improvement performed on or off the project site; and <br />(v) Any personal injury, property damage or economic loss to third persons related to and <br />arising from the performance or nonperformance by CONTRACTOR or its Subcontractors <br />of any lower tier, of the Work of Improvement. <br />(vi) The indemnity obligations of Subcontractors provided by this Section shall be included in <br />all subcontract documents issued by CONTRACTOR. <br />However, nothing contained herein shall be construed as obligating CONTRACTOR to indemnity any <br />Indemnitee for losses resulting from the gross negligence or willful misconduct of the Indemnitees. <br />CONTRACTOR shall pay CITY for any costs incurred in enforcing this provision. Nothing in the <br />Contract Documents shall be construed to give rise to any implied right of indemnity in favor of <br />CONTRACTOR against CITY or any other Indemnitee. <br />IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and <br />year first above written. <br />ATTEST: <br />?AISY GOMEZ <br />rk of the Council <br />APPROVED AS TO FORM: <br />SONIA R. CARVALHO <br />City Attorney <br />By: - wn~ 7A, -f.4' <br />ioAK FUNK <br />Assistant City Attorney <br />RECOMMENDED FOR APPROVAL: <br />"A, PE <br />Executive Director, Public Works Agency <br />CITY OF SANTA ANA <br />KRISTINE RIDOIE <br />City Manager <br />CONTRACTOR: <br />Wright Construction Engineering Corp. <br />NAME: <br />Wes Wr ght <br />TITLE: President <br />Page 3 of 3 <br />