Mutual Subrogation Waiver Clause Samples
A Mutual Subrogation Waiver is a contractual provision where both parties agree to relinquish their rights to pursue claims against each other for losses that are covered by their respective insurance policies. In practice, this means that if one party suffers a loss that is insured, their insurer cannot seek reimbursement from the other party, even if that party was responsible for the loss. This clause is commonly used in commercial leases or construction contracts to prevent litigation between parties and their insurers over insured losses, thereby promoting cooperation and reducing the risk of disputes.
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Mutual Subrogation Waiver. Landlord and Tenant hereby grant to each other, on behalf of any insurer providing fire and extended coverage to either of them covering the Leased Premises, Buildings or other improvements thereon or contents thereof, a waiver of any right of subrogation any such insurer of one party may acquire against the other or as against the Landlord or
Mutual Subrogation Waiver. Landlord and Tenant hereby grant to each other, on behalf of any insurer providing fire and extended coverage to either of them covering the Leased Premises, Buildings or other improvements thereon or contents thereof, a waiver of any right of subrogation any such insurer of one party may acquire against the other or as against the Landlord or Tenant by virtue of payments of any loss under such insurance. Such a waiver shall be effective so long as the Landlord and Tenant are empowered to grant such waiver under the terms of their respective insurance policy or policies and such waiver shall stand mutually terminated as of the date either Landlord or Tenant gives notice to the other that the power to grant such waiver has been so terminated.
Mutual Subrogation Waiver. Lessor and Lessee hereby agree to obtain from any insurer providing property insurance coverage to either of them covering the Premises, the Buildings, the Common Areas or Lessee’s Property, a waiver of any right of subrogation any such insurer of one party may acquire against the other or as against the Lessor or Lessee by virtue of payments of any loss under such insurance, and to cause each such policy to be properly endorsed to reflect such waiver. As requested, the parties shall provide evidence to one another of their respective insurers’ waivers of subrogation hereunder. Notwithstanding anything to the contrary contained in this Lease, each party hereby waives any and all rights to recover from the other and its officers, agents, members, managers and employees for any loss or damage, including consequential loss or damage, caused by any peril or perils (including negligent acts) enumerated in each cause of loss-special risk form property insurance policy required to be maintained by either party hereunder.
Mutual Subrogation Waiver. In the event that any portion of the Property or Tenant's trade fixtures or personal property in the Leased Premises shall be damaged or destroyed by fire, explosion, or other casualty required to be insured against pursuant to Sections 13.1 and/or 13.2, whether or not such damage or destruction is caused, or claimed to be caused, by the negligence or misconduct of Landlord or Tenant, or any of their respective officers, directors, employees, agents, affiliates, contractors, or invitees, neither Landlord, Tenant, nor their respective insurance company(ies), shall have any right of action, by way of subrogation or otherwise, against Tenant or Landlord, or any of their respective officers, directors, employees, agents, affiliates, contractors, or invitees, arising from such damage or destruction, and each policy of insurance required pursuant to Sections 13.1 and 13.2 shall provide a waiver and release by the insurer of any such right. Landlord and Tenant further agree that during or after Tenant's occupancy of the Leased Premises, each will indemnify and hold the other harmless from any claim against the other made by way of subrogation by Landlord's or Tenant's fire and extended coverage insurance carrier(s).
Mutual Subrogation Waiver. Landlord and Tenant hereby grant to each other, on behalf of any insurer providing fire and extended coverage to either of them covering the Leased Premises, Buildings or other improvements thereon or contents thereof, a waiver of any right of subrogation that any such insurer or that one party may acquire against the other or
Mutual Subrogation Waiver. The Lessor and the Lessee agree that any claim by either of them against the other for damages arising out of any peril, insured under any property damage or earnings policy carried by either shall not be assignable, nor the subject of a subrogation action by any third party. Each of the parties agrees to release the other party from any and all liability for damages for any claim or claims arising out of any peril insured under any property damage or earnings policy carried by either the Lessor or the Lessee.
Mutual Subrogation Waiver i. To the maximum extent permitted by the terms of their respective insur- ance policies, City and Tenant each hereby waive any claim the waiving party might have against the other party for any damage or other loss that may occur to the waiving party or any person claiming by, through or under the waiving party for injury or death of any person or for theft, destruction, loss, loss of use or damage of any property to the extent (and only to the ex- tent) the claim is actually paid by any insurance proceeds received from an insurance policy maintained by the waiving party, provided that (if City is the waiving party), Tenant has main- tained all insurance required by this Section 14 that might cover such claim and the insurers un- der such policies have complied with all requirements of their policies.
ii. To the extent reasonably feasible under the terms of its policies, Tenant shall cause the coverages required by Section 14.a to be endorsed with a waiver of subrogation against the additional insureds, if the particular policy does not already contain such a waiver, and furnish evidence of such waiver to City pursuant to Section 14.h below.
iii. For purposes of this Section 14, City insurance includes City coverage under a pooled insurance agreement. To the extent reasonably feasible under the terms or prac- tices of its insurance, the City shall cause its insurance covering the Tidelands Parcel (if any), and its workers compensation and employer’s liability policies (if any), to be endorsed with a waiver of subrogation against Tenant, its directors, officers, employees, agents and contractors, if the particular policy or agreement does not already contain such a waiver, or, where applicable, obtain a letter or other evidence from the City’s pooled insurance agreement manager indicating that the City’s waiver of subrogation is not precluded by the insurance agreement, and furnish evidence of such waiver or letter to Tenant upon request, but no more often than once per year.
iv. Nothing in this Section 14.c shall be construed as obligating the City to carry any insurance or to make any claim on insurance in the event of any damage or loss.