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(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 /> IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and <br /> year first above written. <br /> ATTEST: CITY OF SAN A ANA <br /> „a . <br /> )dia tel". <br /> NNIFER . HALL ' • ALVARO NUNEZ <br /> City C City Manager <br /> APPROVED AS TO FORM: CONTRACTOR: <br /> SONIA R. CARVALHO <br /> City Attorney AJ FISTES CORPORATION <br /> By: ,� <br /> J SE MONTOYA NA E: lA C� <br /> bat(D <br /> Assistant City Attorney TITLE \.ti <br /> RECOMMENDED FOR APPROVAL: <br /> Digitally signed by S <br /> Nab i I Saba Date:202 07.0211:46:218 aba <br /> -07'00' <br /> NABIL SABA, PE <br /> Executive Director <br /> Public Works Agency <br /> Page 3 of 3 <br />