Common use of Release and Waiver of Subrogation Clause in Contracts

Release and Waiver of Subrogation. The parties hereto release each other, and their respective agents and employees, from any liability for injury to any person or damage to properly that is caused by or results from any risk insured against under any valid and collectible insurance policy carried or required to be carried by either of the parties which contains or could have contained if requested by the party that obtained such insurance a waiver of subrogation by the insurer and is in force at the time of such injury or damage; subject to the following limitations: (i) the foregoing provision shall not apply to the commercial general liability insurance described by subparagraphs PARA 9.1A and PARA 9.2B; (ii) such release shall apply to liability resulting from any risk insured against or covered by self-insurance maintained or provided by Tenant to satisfy the requirements of PARA 9.1 to the extent permitted by this Lease; and (iii) Tenant shall not be released from any such liability to the extent any damages resulting from such injury or damage are not covered by the recovery obtained by Landlord from such insurance, but only if the insurance in question permits such partial release in connection with obtaining a waiver of subrogation from the insurer. This release shall be in effect only so long as the applicable insurance policy contains a clause to the effect that this release shall not affect the right of the insured to recover under such policy. Each party shall use reasonable efforts to cause each insurance policy obtained by it to provide that the insurer waives all right of recovery by way of subrogation against the other party and its agents and employees in connection with any injury or damage covered by such policy. However, if any insurance policy cannot be obtained with such a waiver of subrogation, or if such waiver of subrogation is only available at additional cost and the party for whose benefit the waiver is to be obtained does not pay such additional cost, then the party obtaining such insurance shall notify the other party of that fact and thereupon shall be relieved of the obligation to obtain such waiver of subrogation rights from the insurer with respect to the particular insurance involved.

Release and Waiver of Subrogation. The parties hereto Notwithstanding anything to the contrary in this Sublease, Sublandlord and Subtenant hereby release each other, and their respective agents and employees, other from any liability for injury to any person or damage to properly that property or loss of any kind which is caused by or results from any risk that normally would be insured against under any valid and collectible property insurance policy carried or required to be carried by either of the parties which contains or could have contained if requested by the party that obtained such insurance a waiver of subrogation by the insurer and is in force at the time of such injury or damage; subject to the following limitations: (i) the foregoing provision shall not apply to the commercial general liability insurance described by subparagraphs PARA 9.1A and PARA 9.2B; (ii) such release shall apply to liability resulting from any risk insured against or covered by self-insurance maintained or provided by Tenant to satisfy the requirements of PARA 9.1 to the extent permitted by this Lease; and (iii) Tenant shall not be released from any such liability to the extent any damages resulting from such injury or damage are not covered by the recovery obtained by Landlord from such insurance, but only if the insurance in question permits such partial release in connection with obtaining a waiver of subrogation from the insurerparty. This release shall be in effect only so long as the applicable insurance policy contains a clause to the effect that this release shall not affect the right of the insured to recover under such the policy. Each party shall use its reasonable efforts to cause each property insurance policy obtained by it to provide that the insurer waives all right of recovery by way of subrogation against the other party and its agents and employees in connection with any damage or injury or damage covered by such the policy. However, if any insurance policy cannot be obtained with such a waiver of subrogation, or if such waiver of subrogation is only available at additional cost and the each party for whose benefit the waiver is to be obtained does not pay such additional cost, then the party obtaining such insurance shall notify the other party if it is unable to obtain a waiver of subrogation. Sublandlord shall not be liable to Subtenant, nor shall Subtenant be entitled to terminate this Sublease or to xxxxx Rent for any reason, including, without limitation, (i) failure or interruption of any utility system or service or (ii) failure of Master Landlord to maintain the Subleased Premises as may be required under the Master Lease; except that fact and thereupon in the event that Sublandlord receives an abatement or diminution of Base Rent or Additional Rent from Master Landlord that relates to a casualty, condemnation or interruption or abatement of Building services to the Subleased Premises, Subtenant shall be relieved entitled to an equivalent or proportionate abatement or diminution of Base Rent or Additional Rent. The obligations of Sublandlord shall not constitute the personal obligations of the obligation to obtain such waiver officers, directors, trustees, partners, joint venturers, members, owners, stockholders or other principals or representatives of subrogation rights from the insurer with respect to the particular insurance involvedbusiness entity.

Release and Waiver of Subrogation. The parties hereto release each other, and their respective agents and employeesAgents, from any liability for injury to any person or damage to properly property that is caused by or results from any risk insured against under any valid and collectible insurance policy carried or required to be carried by either of the parties which contains or could have contained if requested by the party that obtained such insurance a waiver of subrogation by the insurer and is in force at the time of such injury or damage; subject to the following limitations: (i) the foregoing provision shall not apply to the commercial general liability insurance described by subparagraphs PARA 9.1A and PARA 9.2B; (ii) such release shall apply to liability resulting from any risk insured against or covered by self-insurance maintained or provided by Tenant to satisfy the requirements of PARA 9.1 to the extent permitted by this Lease; and (iii) Tenant shall not be released from any such liability to the extent any damages resulting from such injury or damage are not covered by the recovery obtained by Landlord from such insurance, but only if the insurance in question permits such partial release in connection with obtaining a waiver of subrogation from the insurer. This release shall be in effect only so long as the applicable insurance policy contains a clause to the effect that this release shall not affect the right of the insured to recover under such policy. Each party shall use reasonable efforts to cause each insurance policy obtained by it to provide that the insurer waives all al right of recovery by way of subrogation against the other party and its agents and employees in connection with any injury or damage covered by such policy. HoweverHoweer, if any insurance policy cannot be obtained with such a waiver of subrogation, or if such waiver of subrogation is only available at additional cost and the party for whose benefit the waiver is to be obtained does not pay such additional addition cost, then the party obtaining such insurance shall notify the other party of that fact and thereupon shall be relieved of the obligation to obtain such waiver of subrogation rights from the insurer with respect to the particular insurance involved.

Release and Waiver of Subrogation. The parties hereto release each other, and their respective agents and employees, from any liability for injury to any person or damage to properly property that is caused by or results from any risk insured against under any valid and collectible insurance policy carried or required to be carried by either of the parties which contains or could have contained if requested by the party that obtained such insurance a waiver of subrogation by the insurer and is in force at the time of such injury or damage; subject to the following limitations: (i) the foregoing provision shall not apply to the commercial general liability insurance described by subparagraphs PARA 9.1A ¶9.1A and PARA 9.2B¶9.2B; (ii) such release shall apply to liability resulting from any risk insured against or covered by self-insurance maintained or provided by Tenant to satisfy the requirements of PARA 9.1 ¶9.1 to the extent permitted by this Lease; and (iii) Tenant shall not be released from any such liability to the extent any damages resulting from such injury or damage are not covered by the recovery obtained by Landlord from such insurance, but only if the insurance in question permits such partial release in connection with obtaining a waiver of subrogation from the insurer. This release shall be in effect only so long as the applicable insurance policy contains a clause to the effect that this release shall not affect the right of the insured to recover under such policy. Each party shall use reasonable efforts to cause each insurance policy obtained by it to provide that the insurer waives all right of recovery by way of subrogation against the other party and its agents and employees in connection with any injury or damage damages covered by such policy. However, if any insurance policy cannot be obtained with such a waiver of subrogation, or if such waiver of subrogation is only available at additional cost and the party for whose benefit the waiver is to be obtained does not pay such additional cost, then the party obtaining such insurance shall notify the other party of that fact and thereupon shall be relieved of the obligation to obtain such waiver of subrogation rights from the insurer with respect to the particular insurance involved. This waiver shall also apply in any situation where there is no “valid and collectible” insurance policy due to a failure of a party in breach of this Lease to maintain insurance required hereunder.

Release and Waiver of Subrogation. The Notwithstanding anything to the --------------------------------- contrary in this Lease: the parties hereto release and waiver their respective rights of recovery against each other, and their respective agents and agents, employees, contractors, invitees, successors, subtenants and assigns and from any liability for injury to any person or damage to properly property that is caused by or results from any risk insured against under any valid and collectible insurance policy carried or required to be carried by either of the parties which contains or could have contained if requested by the party that obtained such insurance a waiver of subrogation by the insurer and is in force at the time of such injury or damage; subject damage or any insurance policy required to the following limitations: (i) the foregoing provision shall not apply to the commercial general liability insurance described by subparagraphs PARA 9.1A and PARA 9.2B; (ii) such release shall apply to liability resulting from any risk insured against or covered by self-insurance be maintained or provided by Tenant to satisfy the requirements of PARA 9.1 to the extent permitted by under this Lease, regardless of the negligence or willful misconduct of the entity so released; and (iii) Tenant provided, however, that any such person or entity shall not be released from any such liability to the extent any damages resulting from such injury or damage are not covered by the recovery obtained by Landlord the insured from such insurance, but only if the insurance in question permits such partial release in connection with obtaining a waiver of subrogation from the insurer. This release shall be in effect only so long as the applicable insurance policy contains a clause to the effect that this release shall not affect the right of the insured to recover under such policy. Each party shall use reasonable its best efforts to cause each insurance policy obtained by it to provide that the insurer waives all right of recovery by way of subrogation against the other party and its agents and employees in connection with any injury or damage covered by such policy. However, if any insurance policy cannot be obtained with such a waiver of subrogation, or if such waiver of subrogation is only available at additional cost and the party for whose benefit the waiver is to be obtained does not pay such additional cost, then the party obtaining such insurance shall notify the other party of that fact and thereupon shall be relieved of the obligation to obtain such waiver of subrogation rights from the insurer with respect to the particular insurance involved.

Release and Waiver of Subrogation. The parties hereto release each otherA. So long as the fire insurance on the building, containing the Leased premises, and their respective agents and employees, from any liability for injury to any person or damage to properly that is caused by or results from any risk insured against under any valid and collectible insurance policy carried or required to be carried by either of the parties which contains or could have contained if requested by the party that obtained such insurance a waiver of subrogation by the insurer and is in force at the time of such injury or damage; subject to the following limitations: (i) the foregoing provision shall not apply to the commercial general liability insurance described by subparagraphs PARA 9.1A and PARA 9.2B; (ii) such release shall apply to liability resulting from any risk insured against or covered by self-insurance maintained or provided by Tenant to satisfy the requirements of PARA 9.1 to the extent permitted by this Lease; and (iii) Tenant shall not be released from any such liability to the extent any damages resulting from such injury or damage are not covered by the recovery obtained by Landlord from such insurance, but only if the insurance in question permits such partial release in connection with obtaining a waiver of subrogation from the insurer. This release shall be in effect only so long as the applicable fire insurance policy contains a clause on the fixtures, goods, wares and merchandise and other property of Tenant, as the case may be, are not affected hereby and so long as the cost of the respective policies are not increased thereby, the Landlord does hereby waive as against Tenant and the Tenant does hereby waive as against Landlord any and all claims and demands, which are the subject of subrogation, for damages, loss or injury to the effect Leased premises or to the Tenant's fixtures goods, wares and merchandise, and other property as the case may be, which shall be caused by or result from fire or other perils, events or happenings and which are the subject of extended coverage insurance. B. Landlord and Tenant hereby agree that this release shall not affect each policy of fire and extended coverage insurance on the right of Leased premises or on Tenant's fixtures, goods, wares, and merchandise and other property in and upon the insured to recover under such policy. Each party shall use reasonable efforts to cause each insurance policy Leased premises, now in force or which may hereafter be obtained by it Landlord and Tenant shall be made expressly subject to provide the provisions of this paragraph, and that the insurer waives all Landlord's insurers hereunder shall waive any right of recovery by way of subrogation against the other party Tenant and its agents and employees in connection with Tenant's insurers hereunder shall waive any injury or damage covered by such policy. However, if any insurance policy cannot be obtained with such a waiver of subrogation, or if such waiver right of subrogation is only available at additional cost and the party for whose benefit the waiver is to be obtained does not pay such additional cost, then the party obtaining such insurance shall notify the other party of that fact and thereupon shall be relieved of the obligation to obtain such waiver of subrogation rights from the insurer with respect to the particular insurance involvedagainst Landlord.

Release and Waiver of Subrogation. The Notwithstanding anything to the contrary contained in this Lease, the parties hereto release each other, and their respective agents and agents, employees, successors, subtenants and assignees from any liability for injury to any person or damage to properly property that is caused by or results from any risk insured against under any valid and collectible property insurance policy carried or required to be carried by either of the parties which contains or could have contained if requested by the party that obtained such insurance a waiver of subrogation by the insurer and is in force at the time of such injury damage, that is actually insured against, or damagethat is normally covered by the property insurance policies required to be carried hereunder, without regard to the negligence or willful misconduct of the entity so released; subject to the following limitations: (i) the foregoing provision shall not apply to the commercial general liability insurance described by subparagraphs PARA Section 9.1A and PARA Section 9.2B; and (ii) such release shall apply to liability resulting from any risk insured against or covered by self-insurance maintained or provided by Tenant to satisfy the requirements of PARA Section 9.1 to the extent permitted by this Lease; and (iii) Tenant shall not be released from any such liability to the extent any damages resulting from such injury or damage are not covered by the recovery obtained by Landlord from such insurance, but only if the insurance in question permits such partial release in connection with obtaining a waiver of subrogation from the insurer. This release shall be in effect only so long as the applicable insurance policy contains a clause to the effect that this release shall not affect the right of the insured to recover under such policy. Each party shall use reasonable efforts to cause each property insurance policy obtained by it to provide that the insurer waives all right of recovery by way of subrogation against the other party and its agents and employees in connection with any injury or damage covered by such policy. However, if any insurance policy cannot be obtained with such a waiver of subrogation, or if such waiver of subrogation is only available at additional cost and the party for whose benefit the waiver is to be obtained does not pay such additional cost, then the party obtaining such insurance shall notify the other party of that fact and thereupon shall be relieved of the obligation to obtain such waiver of subrogation rights from the insurer with respect to the particular insurance involved.

Release and Waiver of Subrogation. The parties hereto release each other, and their respective agents and employees, from any liability for injury to any person or damage to properly property that is caused by or results from any risk insured against under any valid and collectible insurance policy carried or required to be carried by either of the parties which contains or could have contained if requested by the party that obtained such insurance a waiver of subrogation by the insurer and is in force at the time of such injury or damage; subject to the following limitations: (i) the foregoing provision shall not apply to the commercial general liability insurance described by subparagraphs PARA paragraph 9.1A and PARA paragraph 9.2B; (ii) such release shall apply to liability resulting from any risk insured against or covered by self-insurance maintained or provided by Tenant to satisfy the requirements of PARA paragraph 9.1 to the extent permitted by this Lease; and (iii) Landlord and Tenant shall not be released from any such liability to the extent any damages resulting from such injury or damage are not covered by the recovery obtained by Tenant or Landlord from such insuranceinsurance (or would have been recovered if Landlord or Tenant carried the insurance required of it under this Lease), but only if the insurance in question permits such partial release in connection with obtaining a waiver of subrogation from the insurer. This release shall be in effect only so long as the applicable insurance policy contains a clause to the effect that this release shall not affect the right of the insured to recover under such policy. Each party shall use reasonable efforts to cause each insurance policy obtained by it to provide that the insurer waives all right of recovery by way of subrogation against the other party and its agents and employees in connection with any injury or damage covered by such policy. However, if any insurance policy cannot be obtained with such a waiver of subrogation, or if such waiver of subrogation is only available at additional cost and the party for whose benefit the waiver is to be obtained does not pay such additional cost, then the party obtaining such insurance shall notify the other party of that fact and thereupon shall be relieved of the obligation to obtain such waiver of subrogation rights from the insurer with respect to the particular insurance involved.

Release and Waiver of Subrogation. The parties hereto Landlord and Tenant hereby release each other, the other and their respective agents agents, contractors, servants, employees and employees, licensees from any and all liability for injury or responsibility (to any person the releasor or damage anyone claiming through or under them by way of subrogation or otherwise under fire and extended coverage and other casualty insurance policies) with regard to properly that is caused by or results from any risk fire and other insured against under any valid and collectible insurance policy carried or casualty losses required to be carried insured against hereunder and notwithstanding such fire or other covered casualty shall have been caused by either the fault or negligence of the parties which contains other party, or could anyone for whom such party may be responsible and notwithstanding the insurance may not have contained if requested by the party been obtained; provided, however, that obtained such insurance a waiver of subrogation by the insurer this release shall be applicable and is in force at and effect only with respect to loss or damage occurring during such time as the time of such injury releasor's policies shall contain a clause or damage; subject endorsement to the following limitations: (i) effect that any such release shall not adversely affect or impair said policies or prejudice the foregoing provision right of the releasor to recover thereunder and this release shall operate only to the extent of the loss payable thereunder. Each of Landlord and Tenant agrees that its policies will include such a clause or endorsement so long as they shall not be charged extra therefor, or so long as the other party pays such extra cost. If extra cost shall be chargeable therefor, each party shall notify the other party thereof and of the amount of the extra cost, and the other party shall be obligated to pay the extra cost if it wishes this paragraph to apply with respect to such insurance. If such clause or endorsement is not available, at any cost, then the provisions of this paragraph shall not apply to the commercial general liability policy or policies in questions and casualties against which they insure. Anything above to the contrary notwithstanding, Tenant waives all claims against Landlord on account of which Tenant is required hereunder to maintain insurance, and agrees to look solely to the insurance described proceeds on account of the claim, any negligence act or omission of Landlord, its agents, servants, employees or representatives, successors and assigns notwithstanding. Tenant agrees that, in no event shall any right of subrogation be asserted by subparagraphs PARA 9.1A and PARA 9.2B; (ii) such release shall apply to liability resulting from any risk insured insurer or otherwise against Landlord for any injury, damage or covered by self-insurance maintained or provided loss suffered by Tenant or others, whether due to satisfy the requirements of PARA 9.1 negligence or otherwise, and all insurance policies to the extent permitted be secured by this Lease; and (iii) Tenant as hereinabove set forth shall not be released from any such liability to the extent any damages resulting from such injury or damage are not covered by the recovery obtained by Landlord from such insurance, but only if the insurance in question permits such partial release in connection with obtaining a contain an unqualified waiver of subrogation from the insurer. This release shall be in effect only so long as the applicable insurance policy contains a clause to the effect that this release shall not affect the right of the insured to recover under such policy. Each party shall use reasonable efforts to cause each insurance policy obtained by it to provide that the insurer waives all right of recovery by way of subrogation against the other party and its agents and employees in connection with any injury or damage covered by such policy. However, if any insurance policy cannot be obtained with such a waiver of subrogation, or if such waiver of subrogation is only available at additional cost and the party for whose benefit the waiver is to be obtained does not pay such additional cost, then the party obtaining such insurance shall notify the other party of that fact and thereupon shall be relieved of the obligation to obtain such waiver of subrogation rights from the insurer with respect to Landlord, its agents, servants, employees and representatives, successors and assigns, and the particular insurance involved.certificates to be produced by Tenant contemporaneously herewith shall so recite. Tenant shall give immediate notice to Landlord in case of fire or accidents to or any defects in any fixtures or equipment of the building and premises referred to within this Lease

Release and Waiver of Subrogation. LESSOR releases LESSEE and its officers, directors, employees, and agents from liability for loss or damage to any Property that is covered by an all risk or a fire and extended coverage insurance policy, and for loss or damage to any Property that is required to be insured against hereunder. LESSEE releases LESSOR and its officers, directors, employees, and agents from liability for loss or damage to any of LESSEE's equipment (including the ATM) that is covered by an all risk or a fire and extended coverage insurance policy, and for loss or damage to LESSEE's equipment (including the ATM) that is required to be insured against hereunder. The release is not limited to the liability of the parties hereto release to each other, and their respective agents and employees, from ; it also applies to any liability for injury to any person claiming through or under the parties pursuant to a right of subrogation or otherwise. The release applies even if the loss or damage is caused by the negligence, strict liability or other fault of a party or any employee, agent or other person for whom a party may be responsible; except, however, that the release does not apply if the loss or damage is caused by a party's willful misconduct. The release applies to the full amount of the loss or damage, regardless of the amount of insurance proceeds that are actually recovered by the releasing party from an insurer. The release does not apply to loss or damage to properly that is caused by or results from any risk insured against under any valid and collectible insurance policy carried or required to be carried by either property of the parties which contains or could have contained if requested by the a party that obtained such insurance a waiver of subrogation by the insurer and is in force at the time of such injury or damage; subject to the following limitations: (i) the foregoing provision shall not apply to the commercial general liability insurance described by subparagraphs PARA 9.1A and PARA 9.2B; (ii) such release shall apply to liability resulting from any risk insured against or covered by self-insurance maintained or provided by Tenant to satisfy the requirements of PARA 9.1 to the extent permitted by this Lease; and (iii) Tenant shall not be released from any such liability to the extent any damages resulting from such injury or damage are not covered by the recovery obtained by Landlord from such insurance, but only if the insurance in question permits such partial release in connection with obtaining a waiver of subrogation from the insurer. This release shall be in effect only so long as unless the applicable insurance policy of the party contains a clause or endorsement to the effect that this the release shall will not adversely affect or impair the policy or prejudice the right of the insured to recover under such the policy. Each party shall use reasonable efforts further require its respective insurer to cause each insurance policy obtained by it to provide that the insurer waives all right of recovery by way waive such insurer's rights of subrogation against the other party, and each party and shall require its agents and employees in connection with any injury or damage covered by such policy. However, if any insurance policy cannot be obtained with such respective insurer to include a waiver of subrogationsubrogation endorsement in the applicable policy. Each insurance policy carried by LESSOR with respect to the Property or by LESSEE with respect to its property at the Leased Premises shall include such endorsements if the insurer is willing to include the clause or endorsement in the policy without an increase in premium. If an insurer is willing to include the clause or endorsement in a policy carried by a party only on condition that the premium be increased, or if such waiver of subrogation is only available at additional cost and the party for whose benefit required to carry the waiver is to be obtained does not pay such additional cost, then the party obtaining such insurance shall notify give notice to the other party of that fact the need for an increased premium and thereupon of the amount of the increase. Such endorsements shall be relieved of required only if the obligation to obtain other party pays the increase within twenty (20) days after such waiver of subrogation rights from the insurer with respect to the particular insurance involvednotice is given.

Release and Waiver of Subrogation. The Notwithstanding anything to the --------------------------------- contrary contained in this lease, the parties hereto release each other, and their respective agents and employees, from any liability for injury to any person or damage to properly property that is caused by or results from any risk insured against under any valid and collectible insurance policy carried or required to be carried by either of the parties which contains or could have contained if requested by the party that obtained such insurance a waiver of subrogation by the insurer and is in force at the time of such injury or damage; subject to the following limitations: (i) the foregoing provision shall not apply to the commercial general liability insurance described by subparagraphs PARA Paragraph 9.1A and PARA Paragraph 9.2B; (ii) such release shall apply to liability resulting from any risk insured against or covered by self-insurance maintained or provided by Tenant to satisfy the requirements of PARA Paragraph 9.1 to the extent permitted by this Lease; and (iii) Tenant shall not be released from any such liability to the extent any damages resulting from such injury or damage are not covered by the recovery obtained by Landlord from such insurance, but only if the insurance in question permits such partial release in connection with obtaining a waiver of subrogation from the insurer. This release shall be in effect only so long as the applicable insurance policy contains a clause to the effect that this release shall not affect the right of the insured to recover under such policy. Each party shall use reasonable efforts to cause each insurance policy obtained by it to provide that the insurer waives all right of recovery by way of subrogation against the other party and its agents and employees in connection with any injury or damage covered by such policy. However, if any insurance policy cannot be obtained with such a waiver of subrogation, or if such waiver of subrogation is only available at additional cost and the party for whose benefit the waiver is to be obtained does not pay such additional cost, then the party obtaining such insurance shall notify the other party of that fact and thereupon shall be relieved of the obligation to obtain such waiver of subrogation rights from the insurer with respect to the particular insurance involved.. See First Addendum to Lease Paragraph 13 ARTICLE 10 ---------- LIMITATION ON LANDLORD'S ------------------------ LIABILITY AND INDEMNITY -----------------------

Release and Waiver of Subrogation. Sublandlord shall not be liable to Subtenant, nor shall Subtenant be entitled to terminate this Sublease or to xxxxx Rent for any reason, including: (a) failure or interruption of any utility system or service; (b) failure of Master Landlord to maintain the Subleased Premises as may be required under the Master Lease; or (c) penetration of water into or onto any portion of the Subleased Premises; provided, however, that if and to the extent that Sublandlord’s rental obligation is abated or reduced pursuant to the Master Lease due to a casualty, condemnation, service interruption, or other interference with the use of the Premises, the Rent hereunder shall be abated or reduced in the same proportion and period as the abatement or reduction under the Master Lease. The parties hereto release each otherobligations of Sublandlord shall not constitute the personal obligations of the officers, directors, trustees, partners, joint venturers, members, owners, stockholders, or other principals or representatives of the business entity. Subtenant releases Master Landlord and Sublandlord, and their respective agents and employees, agents, successors, and assigns from any all liability for injury damage to any person or damage to properly property that is caused by or results from any a risk which is actually insured against, or which is required to be insured against under any valid and collectible insurance policy carried the Sublease or required the Master Lease. The waivers of subrogation pursuant to be carried by either Section 10.3.2.4 of the parties which contains or could have contained if requested by the party that obtained such insurance a waiver of subrogation by the insurer and is in force at the time of such injury or damage; subject to the following limitations: (i) the foregoing provision shall not apply to the commercial general liability insurance described by subparagraphs PARA 9.1A and PARA 9.2B; (ii) such release Master Lease shall apply to liability resulting from any risk insured against or covered by self-insurance maintained or provided by Tenant to satisfy the requirements of PARA 9.1 to the extent permitted by this Lease; as between Sublandlord and (iii) Tenant Subtenant. Sublandlord and Subtenant shall not be released from any such liability to the extent any damages resulting from such injury or damage are not covered by the recovery obtained by Landlord from such insurance, but only if the insurance in question permits such partial release in connection with obtaining a waiver of subrogation from the insurer. This release shall be in effect only so long as the applicable insurance policy contains a clause to the effect that this release shall not affect the right of the insured to recover under such policy. Each party shall use reasonable efforts to cause each insurance policy obtained by it pursuant to this Sublease or the Master Lease to provide that the insurer waives all right of recovery by way any rights of subrogation that such insurers may have against the other party to this Sublease or Master Landlord, and its agents agree to look solely to, and employees seek recovery only from, their respective insurance carriers in connection with any injury or damage covered by the event of a Claim to the extent that such policy. However, if any insurance policy cannot be obtained with such a waiver of subrogation, or if such waiver of subrogation coverage is only available at additional cost and the party for whose benefit the waiver is agreed to be obtained does not pay such additional cost, then the party obtaining such insurance shall notify the other party of that fact and thereupon shall be relieved of the obligation to obtain such waiver of subrogation rights from the insurer with respect to the particular insurance involvedprovided under this Sublease.

Release and Waiver of Subrogation. The parties hereto Notwithstanding anything to the contrary in this Sublease, the Parties release each other, other and their respective agents and agents, employees, successors and assigns from any all liability for injury damage to any person or damage to properly property that is caused actually covered by property insurance in force or results from any risk insured against under any valid and collectible which would normally be covered by full replacement value “Special Form” property insurance, without regard to the negligence or willful misconduct of the entity so released. Each Party shall cause each insurance policy carried or required it obtains to be carried by either of the parties which contains or could have contained if requested by the party that obtained such insurance include a waiver of subrogation by regarding the insurer and is in force at the time of such injury or damage; subject to the following limitations: (i) the foregoing provision shall not apply to the commercial general liability insurance described by subparagraphs PARA 9.1A and PARA 9.2B; (ii) such release shall apply to liability resulting from any risk insured against or covered by self-insurance maintained or provided by Tenant to satisfy the requirements of PARA 9.1 to the extent permitted by this Lease; and (iii) Tenant liabilities released hereby. Sublandlord shall not be released from liable to Subtenant, nor shall Subtenant be entitled to terminate this Sublease or to xxxxx Rent for any reason, including, without limitation, (a) failure or interruption of any utility system or service or (b) failure of Master Landlord to maintain the Subleased Premises as may be required under the Master Lease. Notwithstanding the foregoing and subject to Section 24(a)(ii) below, if Sublandlord abates any Base Rent owing under the Master Lease during the Term of this Sublease for any reason, including, without limitation, (x) failure or interruption of any utility system or service or (y) failure of Master Landlord to maintain the Subleased Premises as may be required under the Master Lease, on the express condition that Master Landlord does not object to or in any way contest such abatement, Subtenant shall be entitled to xxxxx the Rent owing by Subtenant under this Sublease for the period of such abatement by Sublandlord under the Master Lease. Sublandlord will notify Subtenant of any such liability to the extent any damages resulting from such injury or damage are not covered by the recovery obtained by Landlord from such insurance, but only if the insurance in question permits such partial release in connection with obtaining a waiver of subrogation from the insurer. This release shall be in effect only so long as the applicable insurance policy contains a clause to the effect that this release shall not affect the right of the insured to recover under such policy. Each party shall use reasonable efforts to cause each insurance policy obtained by it to provide that the insurer waives all right of recovery by way of subrogation against the other party and its agents and employees in connection with any injury or damage covered by such policy. However, if any insurance policy cannot be obtained with such a waiver of subrogation, or if such waiver of subrogation is only available at additional cost and the party for whose benefit the waiver is to be obtained does not pay such additional cost, then the party obtaining such insurance shall notify the other party of that fact and thereupon shall be relieved of the obligation to obtain such waiver of subrogation rights from the insurer with respect to the particular insurance involvedabatement within ten (10) business days thereof.