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INDEMNIFICATION <br />To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, <br />indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, <br />employees, representatives and volunteers (hereinafter collectively referred to as " Indemnitees"), <br />through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, <br />damages or losses, including reasonable costs and attorney' s fees, for injury, including death to any <br />person or damage to any property, arising directly or indirectly from, or in any manner relating to, any <br />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 />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 />