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legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, <br />including reasonable costs and attorney's fees, for injury, including death to any person or damage to any <br />property, arising directly or indirectly from, or in any manner relating to, any of the following: <br />(i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its <br />Subcontractors of any lower tier; <br />(ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, <br />of any of the obligations under the Contract Documents; <br />(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 />11. FUNDING -RELATED PROVISIONS <br />Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal <br />Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds ("CSLFRF") <br />program, will be used to fund all or a portion of this Agreement. As applicable, Contractor shall comply <br />with all federal requirements including, but not limited to, the following, all of which are expressly <br />incorporated herein by reference: <br />a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American <br />Rescue Plan Act of 2021 (the "Act"); <br />b. U.S. Department of the Treasury ("Treasury") Final Rule for the Act, available at <br />https: //www. govinfo. gov/content/pkg/FR-2022-01-27/pdf`/2022-00292.pdf; <br />C. Treasury Compliance and Reporting Guidance for the Act, available at <br />https://home.treasury.gov/system/files/136/SLFRF-Compliance-and-Reporting-Guidance.pdf; <br />d. 2 C.F.R. Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit <br />Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may <br />determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise <br />provided by the U.S. Department of the Treasury; <br />e. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and <br />f. Federal contract provisions attached hereto as Exhibit "C" and incorporated herein by <br />reference. <br />Page 3 of 4 <br />