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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: <br />APPROVED AS TO FORM: <br />SONIA R. CARVALHO <br />City Attorney <br />By: F <br />JONATHAN T. M TINEZ <br />Assistant City Attorney <br />RECOMMENDED FOR APPROVAL: <br />ABIL SABA, PE <br />���(((Executive Director <br />Public Works Agency <br />CITY OF SANTA ANA <br />ALVARO NUNEZ <br />City Manager <br />CONTRACTOR: <br />Fleming Environmental, Inc. <br />NAME:Terry L. Fleming, Jr. <br />TITLE <br />President <br />Page 3 of 3 <br />