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(iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either <br />on the project site or on other properties; <br />(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 arising <br />from the performance or nonperformance by CONTRACTOR or its Subcontractors of any <br />lower tier, of the Work of Improvement. <br />(vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all <br />subcontract documents issued by CONTRACTOR. <br />Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity <br />in favor of CONTRACTOR against CITY or any other Indemnitee. <br />11. FEDERAL PROVISIONS. <br />The federal prevailing wage rates are attached hereto as Exhibit `B" and incorporated herein by this <br />reference. When the federal prevailing wage rates and California prevailing wage rates differ for similar <br />kinds of labor, the CONTRACTOR shall not pay less than the higher rate. <br />The provisions of Form FHWA 1273 apply to this Construction Contract and all work performed by the <br />CONTRACTOR and its subcontractor and lower tier subcontractors and is attached hereto as Exhibit "C" <br />and incorporated herein by this reference. <br />The CONTRACTOR shall comply with all federal requirements including, but not limited to, the Federal - <br />Aid Contract Provisions attached hereto as Exhibit "D" and incorporated herein by this reference. <br />With respect to any conflict between such federal requirements and the Contract Documents and/or the <br />provisions of state law and except as otherwise required under federal law or regulation, the more stringent <br />requirement shall control. <br />Page 3 of 4 <br />