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CITY OF SANTA ANA <br />CONSTRUCTION CONTRACT AGREEMENT <br />PROJECT NO.: 20-2729 <br />STANDARD — MCFADDEN PARK <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 <br />indemnity in favor of CONTRACTOR against CITY or any other Indemnitee. <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 />[signature page to follow] <br />[This space intentionally left blank] <br />Page 3 of <br />