Mutual Waiver of Claims and Subrogation Clause Samples
The Mutual Waiver of Claims and Subrogation clause establishes that both parties agree to relinquish any rights to recover damages from each other for certain types of losses, typically those covered by insurance. In practice, this means that if a loss occurs—such as property damage during a project—each party's insurance will cover their own losses, and neither party nor their insurers can pursue reimbursement from the other. This clause is primarily used to prevent litigation between the parties over insured losses, streamline claims processes, and ensure that insurance, rather than legal action, is the primary means of risk allocation.
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Mutual Waiver of Claims and Subrogation. The parties hereby mutually waive all claims against each other for all losses covered or required to be covered hereunder by their respective insurance policies, and waive all rights of subrogation of their respective insurers; for purposes hereof, any deductible amount shall be treated as though it were recoverable under such policies. SUCH MUTUAL WAIVER OF CLAIMS SHALL APPLY REGARDLESS OF THE NEGLIGENCE OF THE OTHER PARTY OR ITS AFFILIATES, AGENTS OR EMPLOYEES. The parties agree that their respective insurance policies are now, or shall be, endorsed such that said waiver of subrogation shall not affect the right of the insured to recover thereunder.
Mutual Waiver of Claims and Subrogation. Notwithstanding any other provisions in this Lease, Landlord hereby releases and waives unto Tenant (including all of its partners, stockholders, officers, directors, employees and agents), its successors and assigns, and Tenant hereby releases and waives unto Landlord (including all of its partners, stockholders, officers, directors, employees and agents), its successors and assigns, all rights to claim damages for any injury, loss, cost or damage to persons or to the Premises or any other casualty insured under the terms of any property, general liability, or other policy of insurance maintained by Landlord or Tenant, or required to be maintained by Landlord or Tenant under the terms of this Lease. As respects all policies of insurance carried or maintained pursuant to this Lease, Tenant and Landlord each waive the insurance carriers’ rights of subrogation.
Mutual Waiver of Claims and Subrogation. Notwithstanding anything to the contrary contained in this Lease (including indemnity provisions), the parties hereby mutually hereby waive all claims against each other for all losses covered or required to be covered hereunder by their respective insurance policies, and waive all rights of subrogation of their respective insurers; for purposes hereof, any deductible amount shall be treated as though it were recoverable under such policies. SUCH MUTUAL WAIVER OF CLAIMS SHALL APPLY REGARDLESS OF THE NEGLIGENCE OR GROSS NEGLIGENCE OF THE OTHER PARTY OR ITS AFFILIATES, AGENTS OR EMPLOYEES. The parties agree that their respective insurance policies are now, or shall be, endorsed such that said waiver of subrogation shall not affect the right of the insured to recover thereunder.
Mutual Waiver of Claims and Subrogation. Notwithstanding anything to the contrary contained in this Lease (including indemnity provisions), the parties hereby mutually hereby waive all claims against each other for all losses covered or required to be covered hereunder by their respective insurance policies, and waive all rights of subrogation of their respective insurers; for purposes hereof, any deductible amount shall be treated as though it were recoverable under such policies. SUCH MUTUAL WAIVER OF CLAIMS SHALL APPLY REGARDLESS OF THE
Mutual Waiver of Claims and Subrogation. LANDLORD AND TENANT HEREBY WAIVE AND RELEASE ANY CLAIM THAT EITHER OF THEM MAY HEREAFTER HAVE AGAINST THE OTHER ON ACCOUNT OF ANY DAMAGE TO THE PROPERTY OF THE WAIVING PARTY, EVEN IF SUCH DAMAGE SHALL BE DUE TO THE NEGLIGENT ACT OR OMISSION OF THE OTHER PARTY. LANDLORD AND TENANT SHALL EACH CAUSE THEIR RESPECTIVE PROPERTY INSURANCE POLICIES TO CONTAIN EITHER A WAIVER OF ANY RIGHT OF SUBROGATION THE INSURER OF ONE PARTY HERETO MAY ACQUIRE AGAINST THE OTHER PARTY HERETO BY VIRTUE OF PAYMENT OF ANY LOSS UNDER ANY SUCH INSURANCE OR AN ACKNOWLEDGMENT BY THE INSURER THAT THE FOREGOING WAIVER OF CLAIMS DOES NOT IMPAIR OR INVALIDATE SUCH POLICY OF INSURANCE.
Mutual Waiver of Claims and Subrogation. Whenever (a) any loss, cost, damage or expense resulting from fire, explosive, or any other occurrence is incurred by either of the parties to this lease or anyone claiming by, through or under them in connection with the Premises and (b) such party is then either covered in whole or in part by insurance with respect to such loss, cost, damage or any other expense, or required under this lease to be so insured, then the party so insured (or so required) hereby release the other party from any liability the other party may have on account of such loss, cost, damage, or expense to the extent of any amount recovered by reason of such insurance (or which could have been recovered had insurance been carried as so required) and
Mutual Waiver of Claims and Subrogation. Notwithstanding anything herein to the contrary, (a) Landlord hereby waives any claim it may have against Tenant, its agents or employees for loss or damage to property to the extent covered by insurance carried or required to be carried by Landlord hereunder, and (b) Tenant hereby waives any claim it may have against Landlord, its agents or employees for loss or damage to property to the extent covered by insurance carried or required to be carried by Tenant hereunder. Landlord and Tenant shall cause each property insurance policy carried by either of them insuring the Demised Premises, the contents thereof to provide that the insurer waives all rights of recovery by way of subrogation or otherwise against the other party hereto (and all of such other party's affiliates) in connection with any loss or damage which is covered by such policy or that such policy shall otherwise permit, and shall not be voided by the releases provided above.
Mutual Waiver of Claims and Subrogation