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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 ofits Subcontractors of any lower <br />tier, for Work of -Improvement performed orr 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 Inder.1nitee. <br />IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and <br />year first above written. <br />ATTEST- <br />M§rtoMEP <br />Clerk of the Cofmcit <br />APPROVED AS TO .FORM: <br />SONIA R. CARVALHO <br />City Attoraey <br />By; /, <br />V <br />IOHN FUNK <br />Senior Assistant City Attorney <br />RECOMMENDED FOR APPROVAL: <br />NABIL SABA, PE <br />Executive Director <br />Public Works Agency <br />CITY OF SANTA ANA <br />KRISTINE RIDGE <br />City Manager <br />CONTRACTOR: <br />Colich &. Sons L.P. <br />NAME: aut MapeTITLE: VbaPresldent0t09perat10na <br />COMM [no., 09noa Partner <br />Page 3 of 3