Mutual Waivers of Subrogation. Each party hereby waives any and all claims against the other party for any and all liability or responsibility for any loss, injury or damage to any person(s), the said premises, the building or the contents thereof which may be caused by fire, casualty, accident, or otherwise during the term of the Agreement if, but only if, and only to the extent that, such loss or damage is covered by and recoverable under valid and collectible insurance carried by the waiving party.
Mutual Waivers of Subrogation. Without affecting any other rights or remedies, City and District each hereby releases and relieves the other, and waives its entire right to recover damages against the other and the agents, contractors and employees of the other, for loss of, or damage to, its property arising out of, or incident to, the perils insured or required to be insured against herein. The Parties agree to have their respective property damage insurance carriers waive any right to subrogation that such companies may have against City or District, as the case may be, so long as the insurance is not invalidated thereby. To the fullest extent permitted by law, each of City and District, on its own behalf and on behalf of its insurers, waives all right of recovery against the other (and any officers, elected officials, employees, agents, and representatives of the other) for, and agrees to release the other (and any officers, elected officials, employees, agents, and representatives of the other) from liability for, loss or damage to the extent such loss or damage is covered by valid and collectible insurance in effect at the time of such loss or damage. If the release of either party, as set forth above, should contravene any law with respect to exculpatory agreements, the liability of the party in question shall be deemed not released but shall be secondary to the liability of the other’s insurer. City and District shall each cause to be included in its insurance policies covering the Property and Facilities a waiver by the insurer of all right of subrogation against the other in connection with any loss or damage thereby insured against.
Mutual Waivers of Subrogation. Anything in the Lease to the contrary notwithstanding, Landlord and Tenant each hereby waives any and all rights of recovery, claim, or other cause of action against the other, its agents, officers, or employees, for any loss or damage that may occur to any property of the other party, which would be insured against under the terms of the respective parties insurance, regardless of cause or origin, including negligence of the other party hereto, its agents, officers or employees, and each covenants that no insurer shall hold any right of subrogation against such party. However, with respect to damage to Xxxxxxxx’s property by fire, Tenant shall remain liable for its negligence, and/or the negligence of its subtenants, agents, or employees to the extent of the “deductible” contained in Landlord’s property insurance policy.
Mutual Waivers of Subrogation. Notwithstanding anything to the contrary in this Lease, each party hereby releases the other party, and its partners, officers, agents, employees, and servants, from any and all claims, demands, loss, expense, or injury to the Leased Premises or to the furnishings, fixtures, equipment, inventory, or other property in, about, or upon the Leased Premises, which is caused by or results from perils, events, or happenings which are the subject of fire or other casualty insurance in force at the time of such loss (or which would have been in force had the parties carried the insurance required hereunder) irrespective of any negligence on the part of the released party which may have contributed to or caused such loss; provided, however, that: (i) the party being released shall not be released from any liability to the extent that such damages are not covered by the insurance recovery obtained by the releasing party (or which would have been obtained had the releasing party carried the insurance required of it by this Lease), and (ii) the party being released shall be responsible for reimbursing the releasing party for any commercially reasonable deductible owed as a result of such damages. (Landlord represents to Tenant that as of the date of this Lease, Landlord’s applicable deductible is Five Thousand and No/11 Dollars ($5,000.00). Each party shall use commercially reasonable efforts to obtain, if needed, appropriate endorsements to its policies of insurance with respect to the foregoing releases; provided, however, that failure to obtain such endorsements shall not affect the releases hereinabove given.
Mutual Waivers of Subrogation. Landlord and Tenant hereby waive any rights they may have against each other on account of any loss or damage occasioned to Landlord or Tenant, their property, the Demised Premises or, its contents, arising from any risk covered by fire and extended coverage insurance maintained by Landlord or Tenant, as the case may be. The parties hereto each, on behalf of their respective insurance companies insuring the property of either Landlord or Tenant against any such loss, waive any right of subrogation that it may have against Landlord or Tenant, and covenant to use commercially reasonable efforts to cause such insurance companies to waive any such rights of subrogation.
Mutual Waivers of Subrogation. Landlord, Tenant, and all parties claiming under them, each mutually release and discharge each other from responsibility for that portion of any loss or damage paid or reimbursed by an insurer of Landlord or Tenant under any fire, extended coverage or other property insurance policy maintained by Tenant with respect to its Premises or by Landlord with respect to the Building or the Centre (or which would have been paid had the insurance required to be maintained hereunder been in full force and effect), no matter how caused, including negligence, and each waives any right of recovery from the other including, but not limited to, claims for contribution or indemnity, which might otherwise exist on account thereof. Any fire, extended coverage or property insurance policy maintained by Tenant with respect to the Premises, or Landlord with respect to the Building or the Centre, shall contain, in the case of Tenant’s policies, a waiver of subrogation provision or endorsement in favor of Landlord, and in the case of Landlord’s policies, a waiver of subrogation provision or endorsement in favor of Tenant, or, in the event that such insurers cannot or shall not include or attach such waiver of subrogation provision or endorsement, Tenant and Landlord shall obtain the approval and consent of their respective insurers, in writing, to the terms of this Lease. Tenant and Landlord agree to indemnify, protect, defend and hold harmless each other and their respective Indemnitees from and against any claim, suit or cause of action asserted or brought by the other’s insurers for, on behalf of, or in the name of the other, including, but not limited to, claims for contribution, indemnity or subrogation, brought in contravention of this paragraph. The mutual releases, discharges and waivers contained in this provision shall apply EVEN IF THE LOSS OR DAMAGE TO WHICH THIS PROVISION APPLIES IS CAUSED SOLELY OR IN PART BY THE NEGLIGENCE OF LANDLORD OR TENANT. The foregoing waiver shall be effective even if either or both parties fail to carry the insurance required herein.
Mutual Waivers of Subrogation. Neither Landlord, nor Managing Agent shall be liable (by way of subrogation or otherwise) to any party (or to pay insurance company insuring another party) for any loss or damage to any property covered by insurance, even though such loss or damage might have been occasioned by the negligence of Landlord, Tenant or Managing Agent, or their respective agents, employees invitees, or guests. This provision shall be in effect only so long as the applicable insurance policies shall provide that the aforementioned waiver shall not affect the right of the insured to recover under such policies, and each party shall use its best efforts (including payment of additional premiums, if necessary) to have its insurance policies contain the standard waiver of subrogation clause. In the event landlord's or Tenant's insurance carrier decline to accept a standard waiver of subrogation clause, Landlord or Tenant, as the case may be, shall promptly notify the other party, in which event the other party shall not be required to have its insurance policies contain waiver of subrogation clause.
Mutual Waivers of Subrogation. Landlord and Tenant hereby waive any rights they may have against each other on account of any loss or damage occasioned to Landlord or Tenant, their property, the Project, the Office Component, the Common Areas, Demised Premises or its contents, arising from any risk covered by fire and extended coverage insurance maintained (or required to be maintained) by Landlord or Tenant, as the case may be. The parties hereto each, on behalf of their respective insurance companies insuring the property of either Landlord or Tenant against any such loss, waive any right of subrogation that it may have against Landlord or Tenant, and covenant to use commercially reasonable efforts to cause such insurance companies to expressly waive any such rights of subrogation. The foregoing waiver shall apply regardless of the cause or origin of the claim, including, but not limited to, the negligence of a party or that party's agents, officers, employees or contractors.
Mutual Waivers of Subrogation. As a material inducement to Landlord to enter into this Lease, Tenant hereby waives any and all rights of recovery (including any subrogation rights of its insurers) from Landlord, and Landlord's officers, directors, shareholders, partners, members, principals, employees, agents and representatives for any loss or damage, including consequential loss or damage, covered by any insurance policy maintained by Tenant, whether or not such policy is required pursuant to this Lease. Landlord likewise hereby waives any and all rights of recovery (including any subrogation rights of its insurers) from Tenant and Tenant's officers, directors, shareholders, partners, members, principals, employees, agents and representatives for any loss or damage, including consequential loss or damage, covered by any insurance policy maintained by Landlord.
Mutual Waivers of Subrogation whenever (i) any loss, cost, damage or expense resulting from any peril described in this Section (18) is incurred by any party to this Lease in connection with the Suite or any part of the contents thereof, and (ii) such party is then covered under this Lease in whole or in part by insurance with respect to such loss, cost, damage or expense, then the party so insured hereby releases the other party from any liability it may have on account of such loss, cost, damage or expense to the extent of any amount recovered by reason of such insurance and waives any right of subrogation which might otherwise exist in or accrue to any person on account thereof, 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 invalidate such insurance coverage or increase the cost thereof; provided, however, in the case of an increase in the cost of the insurance coverage, the insured shall give to the other party notice of such increase and of the amount thereof and the other party may reinstate such waiver by paying to the insured the amount of the increase in the cost of such insurance. The failure to give notice of the increase in the cost shall mean the waiver is in effect notwithstanding such increase. If Tenant fails to maintain in force any insurance required by this Lease to be carried by it, then for the purposes of this waiver of subrogation it shall be deemed to have been fully insured and to have recovered the entire amount if its loss.
