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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 in <br />favor of CONTRACTOR against CITY or any other Indemnitee. <br />11. FEDERAL PROVISIONS. <br />Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery <br />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 Construction Contract. CONTRACTOR shall <br />comply with all applicable federal requirements including, but not limited to, the following, all of <br />which are expressly incorporated herein by reference: <br />a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue <br />Plan Act of 2021 (the "Act"); <br />b. U.S. Department of the Treasury ("Treasury") Final Rule for the Act; <br />c. Treasury Compliance and Reporting Guidance for the Act; <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 <br />Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions <br />as may be otherwise 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 "A" and incorporated herein by reference. <br />Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in <br />this Construction Contract. With respect to any conflict between such federal requirements and the terms <br />of this Construction Contract and/or the provisions of state law and except as otherwise required under <br />federal law or regulation, the more stringent requirement shall control. <br />Page 3 of 14 <br />