Common use of Release and Waiver of Subrogation Clause in Contracts

Release and Waiver of Subrogation. Notwithstanding anything to the contrary in this Lease, parties hereto release each other, and their respective Agents and employees, from any liability for injury to any person or damage to property that is caused by or results from any risk insured against under any valid and collectible insurance policy carried by either of the parties which contains a waiver of subrogation by the insurer and is in force at the time of such injury or damage or which is required by this Article 9 to be insured against (without regard to whether such insurance is actually in force); subject to the following limitations: (i) the foregoing provision shall not apply to the commercial general liability insurance described by subparagraphs Paragraph 9.1A and 9.2B; (iii) Paragraph) 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 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.

Release and Waiver of Subrogation. 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 property that is caused by or results from any risk insured against under any valid and collectible property insurance policy carried by either of the parties which contains a waiver of subrogation by the insurer and is in force at the time of such injury damage, that is actually insured against, or damage or which that is normally covered by the property insurance policies required by this Article 9 to be insured against (carried hereunder, without regard to whether such insurance is actually in force)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 Paragraph Section 9.1A and Section 9.2B; and (iii) Paragraphii) 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 Paragraph 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 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. Notwithstanding anything to the contrary in this Lease, The parties hereto release each other, and their respective Agents agents and employees, from any liability for injury to any person or damage to property that is caused by or results from any risk insured against under any valid and collectible insurance policy carried by either of the parties which contains a waiver of subrogation by the insurer and is in force at the time of such injury or damage or which is required by this Article 9 to be insured against (without regard to whether such insurance is actually in force)damage; subject to the following limitations: (i) the foregoing provision shall not apply to the commercial general liability insurance described by subparagraphs Paragraph 9.1A and 9.2BExhibit E; (iii) Paragraphii) 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 Paragraph 9.1 Exhibit E 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 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. Notwithstanding anything to the contrary in this Lease, the parties hereto release each other, and their respective Agents agents and employees, successors, assigns and subtenants, from any liability for injury to any person or damage to property that is caused by or results from any risk insured against under any valid and collectible insurance policy carried by either of the parties which contains a waiver of subrogation by the insurer and is in force at the time of such injury or damage or any insurance policy which is required by this Article 9 to be insured against (maintained by the parties under this Lease without regard to whether such insurance is actually in force); the negligence or willful misconduct of the party or entity so released, subject to the following limitations: (i) the foregoing provision shall not apply to the commercial general liability insurance described by subparagraphs Paragraph PARA 9.1A and PARA 9.2B; (iii) Paragraphii) 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 Paragraph 9.1 PARA 9.1A.2 to the extent permitted by this Lease; and (iii) Tenant Landlord or Tenant, as the case may be, 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 or Tenant for such insurance, as applicable (or for such insurance required to be carried by each party under this Lease), but only if to the insurance in question permits such partial release in connection with obtaining a waiver extent of subrogation from the insurer. This release shall be in effect only so long as the applicable insurance policy contains a clause deductible and to the effect that this release shall not affect the right extent such damage or claim is caused by Landlord or Landlord's Agents or Tenant or any of the insured to recover under such policyTenant's Agents, respectively. 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. Notwithstanding anything to the contrary in this Lease, The parties hereto release each other, and their respective Agents and employeesAgents, from any liability for injury to any person or damage to property that is caused by or results from any risk insured against under any valid and collectible insurance policy carried by either of the parties which contains a waiver of subrogation by the insurer and is in force at the time of such injury or damage or which is required by this Article 9 to be insured against (without regard to whether such insurance is actually in force)damage; subject to the following limitations: (i) the foregoing provision shall not apply to the commercial general liability insurance described by subparagraphs Paragraph 9.1A and 9.2B; (iii) Paragraphii) 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 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 al right of recovery by way of subrogation against the other party and its Agents 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. Notwithstanding anything to the --------------------------------- contrary contained in this Leaselease, the parties hereto release each other, and their respective Agents agents and employees, from any liability for injury to any person or damage to property that is caused by or results from any risk insured against under any valid and collectible insurance policy carried by either of the parties which contains a waiver of subrogation by the insurer and is in force at the time of such injury or damage or which is required by this Article 9 to be insured against (without regard to whether such insurance is actually in force)damage; subject to the following limitations: (i) the foregoing provision shall not apply to the commercial general liability insurance described by subparagraphs Paragraph 9.1A and Paragraph 9.2B; (iii) Paragraphii) 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 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 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. Notwithstanding anything to the contrary in this Lease, the parties hereto release each other, and their respective Agents agents and employees, from any liability for injury to any person or damage to property that is caused by or results from any risk insured against under any valid and collectible insurance policy carried by either of the parties which contains a waiver of subrogation by the insurer and is in force at the time of such injury or damage (or which is would have been in force had the relevant party maintained the insurance required by under this Article 9 to be insured against (without regard to whether such insurance is actually in forceLease), regardless of the negligence of the party receiving the benefit of the waiver; subject to the following limitations: (i) the foregoing provision shall not apply to the commercial general liability insurance described by subparagraphs Paragraph §9.1A and §9.2B; (iii) Paragraphii) 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 Paragraph 9.1 to the extent permitted by this Lease; or Landlord 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 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. Notwithstanding anything to the contrary in this Lease, The parties hereto release each other, and their respective Agents agents and employees, from any liability for injury to any person or damage to property that is caused by or results from any risk insured against under any valid and collectible insurance policy carried by either of the parties which contains a waiver of subrogation by the insurer and is in force at the time of such injury or damage or which is required by this Article 9 to be insured against (without regard to whether such insurance is actually in force)damage; subject to the following limitations: (i) the foregoing provision shall not apply to the commercial general liability insurance described by subparagraphs Paragraph 9.1A ¶9.1A and 9.2B¶9.2B; (iii) Paragraphii) 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 Paragraph 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 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. Notwithstanding anything 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 contrary in this Lease, 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 property that is caused by or results from any risk insured against under any valid and collectible insurance policy carried by either of the parties which contains a waiver of subrogation by the insurer and is in force at the time of such injury or damage or which is required by this Article 9 to be insured against (without regard to whether such insurance is actually in force); subject to the following limitations: (i) the foregoing provision shall not apply to the commercial general liability insurance described by subparagraphs Paragraph 9.1A and 9.2B; (iii) Paragraph) 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 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 party 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. Notwithstanding anything to the contrary in this Lease, The parties hereto release each other, and their respective Agents agents and employees, from any liability for injury to any person or damage to property 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 or which is required by this Article 9 to be insured against (without regard to whether such insurance is actually in force)damage; subject to the following limitations: (i) the foregoing provision shall not apply to the commercial general liability insurance described by subparagraphs Paragraph PARA 9.1A and PARA 9.2B; (iii) Paragraphii) 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 Paragraph 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 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. Notwithstanding anything Landlord and Tenant hereby release the other and their agents, contractors, servants, employees and licensees from any and all liability or responsibility (to the contrary in this Lease, parties hereto release each other, and their respective Agents and employees, from any liability for injury to any person releasor or damage to property that is caused anyone claiming through or under them by or results from any risk insured against under any valid and collectible insurance policy carried by either of the parties which contains a waiver way of subrogation by the insurer or otherwise under fire and is in force at the time of such injury or damage or which is extended coverage and other casualty insurance policies) with regard to fire and other insured casualty losses required by this Article 9 to be insured against (without regard hereunder and notwithstanding such fire or other covered casualty shall have been caused by the fault or negligence of the other party, or anyone for whom such party may be responsible and notwithstanding the insurance may not have been obtained; provided, however, that this release shall be applicable and in force and effect only with respect to whether loss or damage occurring during such insurance is actually in force); subject time as the releasor's policies shall contain a clause or 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 Paragraph 9.1A and 9.2B; (iii) Paragraph) 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 Paragraph 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. Notwithstanding anything to the contrary in this Lease, The parties hereto release each other, and their respective Agents agents and employees, from any liability for injury to any person or damage to property that is caused by or results from any risk insured against under any valid and collectible insurance policy carried by either of the parties which contains a waiver of subrogation by the insurer and is in force at the time of such injury or damage or which is required by this Article 9 to be insured against (without regard to whether such insurance is actually in force)damage; subject to the following limitations: (i) the foregoing provision shall not apply to the commercial general liability insurance described by subparagraphs Paragraph paragraph 9.1A and paragraph 9.2B; (iii) Paragraphii) 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 Paragraph 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 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. Notwithstanding anything to the contrary in this Lease, The parties hereto release each other, and their respective Agents agents and employees, from any liability for injury to any person or damage to property that is caused by or results from any risk insured against under any valid and collectible insurance policy carried by either of the parties which contains a waiver of subrogation by the insurer and is in force at the time of such injury or damage or which is required by this Article 9 to be insured against (without regard to whether such insurance is actually in force)damage; subject to the following limitations: (i) the foregoing provision shall not apply to the commercial general liability insurance described by subparagraphs Paragraph §9.1A and §9.2B; (iii) Paragraphii) 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 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 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. 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 property that is caused by or results from any risk insured against under any valid and collectible insurance policy carried by either of the parties which contains a waiver of subrogation by the insurer and is in force at the time of such injury or damage or which is any insurance policy required by this Article 9 to be insured against (without regard to whether such insurance is actually in force); subject to the following limitations: (i) the foregoing provision shall not apply to the commercial general liability insurance described by subparagraphs Paragraph 9.1A and 9.2B; (iii) Paragraph) 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 Paragraph 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 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. Notwithstanding anything to the contrary in this Lease, The parties hereto release each other, and their respective Agents agents and employees, from any liability for injury to any person or damage to property that is caused by or results from any risk insured against under any valid and collectible insurance policy is required to be carried by either of the parties hereunder which contains a waiver of subrogation by the insurer and is in force at the time of such injury or damage or which is required by this Article 9 to be insured against (without regard to whether such insurance is actually in force)damage; subject to the following limitations: (i) the foregoing provision shall not apply to the commercial general liability insurance described by subparagraphs Paragraph 9.1A and 9.2BSection 11.1; (iii) Paragraphii) 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 Paragraph 9.1 Section 11.1 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 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. Notwithstanding anything to the contrary in this Lease, The parties hereto release each other, and their respective Agents agents and employees, from any liability for injury to any person or damage to 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 or which is required by this Article 9 to be insured against (without regard to whether such insurance is actually in force)damage; subject to the following limitations: (i) the foregoing provision shall not apply to the commercial general liability insurance described by subparagraphs Paragraph 9.1A paragraph9.1A and 9.2Bparagraph9.2B; (iii) Paragraphii) 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 Paragraph 9.1 paragraph9.1 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 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. Notwithstanding anything 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 contrary 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 this the same proportion and period as the abatement or reduction under the Master Lease. The obligations of Sublandlord shall not constitute the personal obligations of the officers, parties hereto release each otherdirectors, 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 property that is caused by or results from any a risk which is actually insured against under any valid and collectible insurance policy carried by either of the parties which contains a waiver of subrogation by the insurer and is in force at the time of such injury or damage against, or which is required by this Article 9 to be insured against (without regard under the Sublease or the Master Lease. The waivers of subrogation pursuant to whether such insurance is actually in force); subject to Section 10.3.2.4 of the following limitations: (i) the foregoing provision shall not apply to the commercial general liability insurance described by subparagraphs Paragraph 9.1A and 9.2B; (iii) Paragraph) 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 Paragraph 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. Notwithstanding anything to --------------------------------- the contrary in this Leaseherein, the parties hereto release each other, and their respective Agents and employeesAgents, from any liability for injury to any person or damage to property that is caused by or results from any risk insured against under any valid and collectible insurance policy carried by either of the parties which contains a waiver of subrogation by the insurer and is in force at the time of such injury or damage or which is required by this Article 9 to be insured against (without regard to whether such insurance is actually in force)damage; subject to the following limitations: (i) the foregoing provision shall not apply to the commercial general liability insurance described by subparagraphs Paragraph Section 9.1A and Section 9.2B; (iii) Paragraphii) 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 Paragraph Section 9.1 to the extent permitted by this LeaseLandlord; 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.. Facility: _______________