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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 /> (Hi) 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 SANTA ANA <br /> R+ ''C\k,„41 <br /> AL <br /> JENNIFER I HA ' A: ALVARO NUNEZ <br /> City Cler. °A City Manager <br /> APPROVED A 0 FORM: <br /> SONIA R, CARVALHO CONTRACTOR: <br /> City Attorney Cabifornia Inc <br /> By: ft4.8., In <br /> J SE MONTOYA NAME:Lik v ,,,,,,,,, <br /> Assistant City Attorney TITLE pry; Qy,,fi <br /> RECOMMENDED FOR APPROVAL: <br /> Nabil Sab CDigitallysignedbyNabf[Saba <br /> a Date;2024.07.15 09:24:51 <br /> . 07'00' <br /> NABIL SABA,PE <br /> Executive Director <br /> Public Works Agency <br /> Page 3 of 3 <br />