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(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 /> 11. FEDERAL PROVISIONS. <br /> Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery <br /> Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds ("CSLFRF") <br /> program, will be used to fund all or a portion of this Construction Contract. CONTRACTOR shall <br /> comply with all applicable federal requirements including, but not limited to, the following, all of <br /> which are expressly incorporated herein by reference: <br /> a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue <br /> Plan Act of 2021 (the "Act"); <br /> b. U.S. Department of the Treasury("Treasury") Final Rule for the Act; <br /> c. Treasury Compliance and Reporting Guidance for the Act; <br /> d. 2 C.F.R Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit <br /> Requirements for Federal Awards, other than such provisions as the U.S. Department of the <br /> Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions <br /> as may be otherwise provided by the U.S. Department of the Treasury; <br /> e. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and <br /> f. Federal contract provisions attached hereto as Exhibit"A"and incorporated herein by reference. <br /> Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in <br /> tis 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 />