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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 /> 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 /> Page 3 of 4 <br />