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Docusign Envelope ID: 91F206F5-424B-431A-B7E6-95AB3921ADA6 <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 />JENNIFER L. HALL <br />City Clerk <br />APPROVED AS TO FORM: <br />SONIA R. CARVALHO <br />City Attorney <br />By: <br />e Nellesen <br />Assistant City Attorney <br />RECOMMENDED FOR APPROVAL: <br />Digitally signed by Nabil <br />Saa <br />N a b i I C J a Nh a Date: 2025.02.13 <br />14:54:14-08'00' <br />NABIL SABA, PE <br />Executive Director <br />Public Works Agency <br />CITY OF SANTA ANA <br />ALVARO NUNEZ <br />City Manager <br />CONTRACTOR: <br />Sully -Miller Contracting Company <br />DocuSigned by: <br />Mg?'J'e 'Galterio <br />TITLE: Assistant Secretary <br />Page 3 of 3 <br />