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(ii)Performance or nonperformance by CO TRACTOR 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 CO TRACTOR. <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 lndemnitee. <br />IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and <br />year first above written. ATTEST: JENNIFER L. HALL <br />City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO <br />City Attorney <br />By: n;L£ ·J/tifw/Vl.,­'0'{E NELLESEN <br />Assistant City Attorney <br />RECOMMENDED FOR APPROVAL: <br />Rudy Rosas, P. E. <br />Deputy Director/City Engineer <br />Public Works Agency CITY OF SANT A ANA ALVARO NUNEZ <br />City Manager CONTRACTOR: All American Asphalt <br />NA ME: Edward J Carlson TITLE: Vice President <br />Page 3 of 3 <br />Rodolfo <br />Rosas <br />Digitally signed by <br />Rodolfo Rosas <br />Date: 2025.07.23 <br />14:22:20 -07'00' <br />  <br />  <br />City Council 17 – 22 8/5/2025