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(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 /> l <br /> JENNIF L ALVARO NUNEZ <br /> Ci City Manager <br /> APPROVED AS TO FORM: <br /> SOMA R. CARVALHO CONTRACTOR: <br /> City Attorney A 2 Z Construct, Inc. <br /> By: <br /> KYLE NELLESEN NAME: 1 �1 4-1-e ri C, rj <br /> Assistant City Attorney TITLE: -'re5 r'clew�- <br /> RECOMMENDED FOR APPROVAL: <br /> f'-RUDY ROSAS, .E. <br /> Acting Executive Director <br /> Public Works Agency <br /> Page 3 of 3 <br />