Developer's waiver. The Developer hereby further releases, assigns and waives any and all rights of subrogation or recovery against, inter alia, BSHB and its assigns, undertakings and their subsidiaries, affiliates, employees, successors, insurers and underwriters, which the Developer may otherwise have or acquire in or from or in any way connected with any loss, liability or obligation covered by policies of insurance maintained or required to be maintained by the Developer pursuant to this Development Agreement (other than third party liability insurance policies) or because of deductible clauses in or inadequacy of limits of any such policies of insurance.
Developer's waiver. Developer shall have the right to waive compliance by Mall II Buyer of any condition set forth in Article 11.
Developer's waiver. Developer's covenant to make payment in accordance with paragraph 6, above, is independent of each and every other covenant of this Agreement. Xxxxxxxxx agrees that the Developer's damages for City's breach shall in no case be deducted from any payment due the City, nor set off for purposes of determining whether any fee is due in any action.
Developer's waiver. The DEVELOPER hereby further releases, assigns and waives any and all rights of subrogation or recovery against, inter alia, the SH&DB and its assigns, undertakings and their subsidiaries, affiliates, employees, successors, insurers and underwriters, which the DEVELOPER may otherwise have or acquire in or from or in any way connected with any loss, liability or obligation covered by policies of insurance maintained or required to be maintained by the DEVELOPER pursuant to this Agreement, other than third party liability insurance policies, or because of deductible clauses in or inadequacy of limits of any such policies of insurance.
