Common use of Mutual Waiver of Parties Clause in Contracts

Mutual Waiver of Parties. Landlord and Tenant hereby waive their rights against each other as well as the officers, partners, directors, employees, agents and authorized representatives of Landlord and Tenant with respect to any claims or damages or losses (including any claims for bodily injury to persons and/or damage to property) which are caused by or result from (a) risks to the extent insured against under any insurance policy carried by Landlord or Tenant (as the case may be) pursuant to the provisions of this Lease and enforceable at the time of such damage, loss and/or injury, or (b) risks to the extent the same would have been covered under any insurance to the extent required to be obtained and maintained by Landlord or Tenant (as the case may be) under Paragraphs 22 and 23 of this Lease (as applicable) had such insurance been obtained and maintained as required therein. The foregoing waivers shall be in addition to, and not a limitation of, any other waivers or releases contained in this Lease. In the event that either party elects to self-insure for any of the risks for which the self-insuring party is required to carry property insurance under this Lease, then the self-insuring party shall provide the other party with a commercially reasonable form of written release agreement which provides the other party with a release of liability to the same extent and for the same risks as would be afforded to the other party under a waiver of subrogation under an insurance policy covering the risks for which the self-insuring party has elected to self-insure; provided that such release shall be effective upon such self-insurance, even without such a written release.

Appears in 3 contracts

Samples: Office Lease (SHG Holding Solutions Inc), Office Lease (Leasehold Resource Group LLC), Office Lease (Cardiogenesis Corp /Ca)

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