Common use of Mutual Waiver of Subrogation Rights Clause in Contracts

Mutual Waiver of Subrogation Rights. Whenever (a) any loss, cost, damage, or expense resulting from fire, explosion, or any other casualty or occurrence is incurred by either of the parties to this Lease, or anyone claiming by, through, or under it in connection with the Leased Premises, and (b) such party is then covered in whole or in part by insurance with respect to such loss, cost, damage, or expense or required under this Lease to be so insured, then the party so insured (or so required) hereby releases the other party from any liability said 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 such insurance been carried as so required) and waives any right of subrogation which might otherwise exist in or accrue to any person on account thereof. Notwithstanding anything herein to the contrary, each party shall remain fully liable for the payment of deductibles under their respective insurance policies.

Appears in 2 contracts

Samples: Lease (Cobiz Inc), Lease (Cobiz Inc)

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Mutual Waiver of Subrogation Rights. Whenever (a) any an loss, cost, damage, damage or expense resulting from fire, explosion, explosion or any an other casualty or occurrence is incurred by either of the parties to this Lease, or anyone claiming by, through, or under it in connection with the Leased Premises, and (b) such party is then covered in whole or in part by insurance with respect to such loss, cost, damage, damage or expense or is required under this Lease to be so insured, then the party so insured (or so required) hereby releases the other party from any liability said other party may have on account of such loss, cost, damage, damage or expense to the extent of any amount recovered by reason of such insurance (or which could have been recovered had such insurance been carried as so required) and waives any right of subrogation which might otherwise exist in or accrue to any person on account thereof. Notwithstanding anything herein , provided that such release of liability and waiver of the right of subrogation shall not be operative in any case where the effect thereof is to the contrary, each party shall remain fully liable for the payment of deductibles under their respective invalidate such insurance policiescoverage.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Herley Industries Inc /New)

Mutual Waiver of Subrogation Rights. Whenever (a) any loss, cost, damage, damage or expense resulting from fire, explosion, explosion or any other casualty or occurrence is incurred by either of the parties to this Lease, or anyone claiming by, through, or under it in connection with the Leased Premises, and (b) such party is then covered in whole or in part by insurance with respect to such loss, cost, damage, damage or expense or is required under this Lease to be so insured, then the party so insured (or so requiredrequired to be insured hereunder) hereby releases the other party from any liability said other party may have on account of such loss, cost, damage, damage or expense to the extent of any amount recovered by reason of such insurance (or which could have been recovered had such insurance been carried as so requiredrequired hereunder) and waives any right of subrogation which might otherwise exist in in, or accrue to to, any person on account thereof. Notwithstanding anything herein , provided that such release of liability and waiver of the right of subrogation shall not be operative in any case where the effect thereof is to the contrary, each party shall remain fully liable for the payment of deductibles under their respective invalidate such insurance policiescoverage.

Appears in 1 contract

Samples: Childrens Place Retail Stores Inc

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Mutual Waiver of Subrogation Rights. Whenever (a) any loss, cost, damage, damage or expense resulting from fire, explosion, explosion or any other casualty or occurrence is incurred by either of the parties to this Lease, or anyone claiming by, through, or under it in connection with the Leased Premises, and (b) such party is then covered in whole or in part by insurance with respect to such loss, cost, damage, damage or expense or is required under this Lease to be so insured, then the party so insured (or so requiredrequired to be insured hereunder) hereby releases the other party from any liability said other party may have on account of such loss, cost, damage, damage or expense to the extent of any amount recovered by reason of such insurance (or which could have been recovered had such insurance been carried as so requiredrequired hereunder) and waives any right of subrogation which might otherwise exist in in, or accrue to to, any person on account thereof. Notwithstanding anything herein , provided that such release of liability and waiver of the right of subrogation shall not be operative in any case where the effect thereof is to the contrary, each party shall remain fully liable for the payment of deductibles under their respective invalidate such insurance policies.coverage

Appears in 1 contract

Samples: Industrial Building Lease

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