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�( ii The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either <br />on the project site or on other properties,, <br />(1v) 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 inctuded in all <br />subcontract doUlments issued by CONTRACTOR. <br />Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity ill <br />favor of CON'I-R.AcrOR 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 />JENNIFER L. HALL <br />City Clerk <br />APPROVED AS TO FORM: <br />SONIA R. CARVALHO <br />City Attorney <br />00 <br />JOSS MONTOYA <br />Assistant City Attorney <br />RECOMMENDED FORAPPROVAL: <br />NABIL BABA, PE <br />Executive Director <br />Public Works Agency <br />CITY OF SA TA ANA <br />KRISTINE RIDGE <br />City Manager <br />CONTRACTOR: <br />M.S. Construction Mp`ag'ement Group <br />/Z --, ' 4 <br />NAME: Mike S of <br />TITLE: Preside <br />Page 3 of 3 <br />