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1# — 0 0' -0 0*0 CMTA ®0s Building Science Leadership OR ITS AFFILIATES FOR ANY CLAIM BASED UPON ANY THIRD PARTY CLAIM (EXCEPT AS PROVIDED FOR IN THE INDEMNIFICATION PARAGRAPH) OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER, OR FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY DELAYS, LOSS OF PROFIT, INTERRUPTION OF SERVICE OR LOSS OF BUSINESS OR ANTICIPATORY PROFITS, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. Insurance: Upon written request, CMTA will provide certificates of insurance to the client evidencing coverage for Worker's Compensation, General Liability, Auto Liability and Professional Liability prior to the commencement of services to be provided herein. Binding Nature and Assignment. This Agreement shall be binding upon and inure solely to the benefit of the parties hereto and their successors and permitted assigns, and nothing in this Agreement shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement. Neither party may, nor shall have the power to, assign or transfer this Agreement without the prior written consent of the other party, except that CMTA may without consent assign or transfer this Agreement to a successor to the business of CMTA to which this Agreement relates. Any claim relating to the provision of services by CMTA, its affiliates or their respective staff will be made against CMTA alone. Approvals and Similar Actions. Where agreement, approval, acceptance, consent or similar action by CLIENT or CMTA is required under this Agreement, such action shall not be unreasonably delayed or withheld. CMTA Maitland Office 600 South Maitland Avenue i Maitland, FL i 32751 MEP Engineering I Performance Contracting I Zero Energy Engineering I Technology I Commissioning