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(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: CITY OF SANTA ANA <br /> JENNIFER L. HALL ALVARO NUNEZ �� <br /> City Clerk City Manager <br /> APPROVED AS TO FORM: <br /> SONIA R. CARVALHO CONTRACTOR: <br /> City Attorney All American Asphalt <br /> By ,,,,,, <br /> .... ..... _.....a._ . ...... ..._ ..... �M <br /> KYLE NELLESEN NAME: Edward J Carlson <br /> Assistant City Attorney TITLE: Vice President <br /> RECOMMENDED FOR APPROVAL: <br /> Rodolfo Digitally signed by <br /> Rodolfo Rosas <br /> Date:2025.07.23 <br /> Rosas <br /> 14:22:20-07'00' <br /> Rudy Rosas, P. E. <br /> Deputy Director/City Engineer <br /> Public Works Agency <br /> Page 3 of 3 <br />