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• 9"-: CMTA • •• Building Science Leadership Applicable Law; Jurisdiction; Venue: The validity, performance, and construction of this Agreement shall be governed by and construed according to the laws of the State of Florida exclusive of its conflicts of law provisions. All claims hereunder shall be tried solely and exclusively in the Courts of Orange County, Orlando, Florida or the appropriate United States District Court. Each party consents to the jurisdiction and venue of such court. EACH OF THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVES ANY ALL RIGHTS TO A JURY TRIAL IN ANY PROCEEDING INVOLVING ANY DISPUTE OR MATTER ARISING UNDER THIS AGREEMENT. Standard of Care/Warranties: Services performed by CMTA under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, CMTA MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, WHETHER ARISING BY OPERATION OF LAW, COURSE OF PERFORMANCE OR DEALING, CUSTOM, USAGE IN THE TRADE OR PROFESSION, OR OTHERWISE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING UNDER ANY STATUTE. Except for the warranty expressly set forth in this paragraph, CLIENT acknowledges and agrees that it has relied on no other representations or warranties and that no other representations or warranties have formed the basis of its bargain hereunder. Confidentiality: Each party shall retain as confidential all information and data furnished to it by the other party which are designated in writing by such other party as confidential at the time of transmission and are obtained or acquired by the receiving party in connection with this Agreement, and said party shall not reveal such information to any third party, except as required by law (in which case, the party from whom disclosure is required shall give the other party prompt notice of the demand and cooperate in efforts to limit disclosure). Indemnification: CMTA and CLIENT each agree to indemnify, defend and hold harmless the other from and against any and all amounts payable under any judgment, verdict, court order or settlement for death or bodily injury or the damage to or loss or destruction of any real or tangible personal property to the extent arising out of the indemnifying party's negligence in the performance of this Agreement or willful misconduct. The foregoing indemnities are contingent upon: (1) the indemnified party promptly notifying the indemnifying party in writing of any claim which may give rise to a claim for indemnification hereunder; (2) the indemnifying party being allowed to control the defense and settlement of such claim; and (3) the indemnified party cooperating with all reasonable requests of the indemnifying party (at the indemnifying party's expense) in defending or settling CMTA Maitland Office 600 South Maitland Avenue Maitland, FL 132751 MEP Engineering I Performance Contracting 17.ero Energy Engineering I Technology I Commissioning