Release and Waiver of Subrogation. Notwithstanding anything to the contrary in this Sublease, Sublessor and Sublessee hereby release each other from any damage to property or loss of any kind which is caused by or results from any risk insured against under any property insurance policy actually carried or required to be carried by any such parties under this Sublease or the Master Lease. Each party shall cause each insurance policy obtained by it to provide that the insurer waives all right of recovery against the other party and its agents and employees in connection with any damage or injury covered by the policy. Sublessor shall not be liable to Sublessee, nor shall Sublessee be entitled to terminate this Sublease or to xxxxx Rent (except if and to the extent Sublessor is allowed a proportionate abatement of Rent under the Master Lease) for any: (i) failure or interruption of any utility system or service; (ii) failure of Master Lessor to maintain the Subleased Premises as may be required under the Master Lease; or (iii) penetration of water into or onto any portion of the Subleased Premises. The obligations of Sublessor and Sublessee under this Sublease shall not constitute the personal obligations of the officers, directors, trustees, partners, joint venturers, members, owners, stockholders or other principals or representatives of either business entity.
Appears in 2 contracts
Samples: Lease (Palo Alto Networks Inc), Sublease (Gigamon Inc.)
Release and Waiver of Subrogation. Notwithstanding anything to the contrary in this Sublease, Sublessor Sublandlord and Sublessee Subtenant hereby release each other (and Subtenant shall release Master Landlord) from any damage to property or loss of any kind which is caused by or results from any risk that is insured against under any property insurance policy actually carried or required to be carried by any such parties either party or is actually carried by either party in connection with this Sublease. 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 this Sublease or the Master Leasepolicy. 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 against the other party and its agents and employees in connection with any damage or injury covered by the policy, and each party shall notify the other party if it is unable to obtain a waiver of subrogation. Sublessor Sublandlord shall not be liable to SublesseeSubtenant, nor shall Sublessee Subtenant be entitled to terminate this Sublease or to xxxxx Rent (except if and to the extent Sublessor is allowed a proportionate abatement of Rent under the Master Lease) for any: any reason, including, without limitation, (i) failure or interruption of any utility system or service; service or (ii) failure of Master Lessor Landlord to maintain the Subleased Premises as may be required under the Master Lease; or (iii) penetration of water into or onto any portion of the Subleased Premises. The obligations of Sublessor Sublandlord and Sublessee under this Sublease Subtenant shall not constitute the personal obligations of the officers, directors, trustees, partners, joint venturers, members, owners, stockholders or other principals or representatives of either the business entity.
Appears in 2 contracts
Samples: Sublease (Adforce Inc), Sublease (Adforce Inc)
Release and Waiver of Subrogation. Notwithstanding anything to the contrary in this Sublease, Sublessor Sublandlord and Sublessee Subtenant hereby release each other from any damage to property or loss of any kind which is caused by or results from any risk that normally would be insured against under any property insurance policy actually carried or required to be carried by any such parties either party. 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 this Sublease or the Master Leasepolicy. 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 against the other party and its agents and employees in connection with any damage or injury covered by the policy, and each party shall notify the other party if it is unable to obtain a waiver of subrogation. Sublessor Sublandlord shall not be liable to SublesseeSubtenant, nor shall Sublessee Subtenant be entitled to terminate this Sublease or to xxxxx Rent (except if and to the extent Sublessor is allowed a proportionate abatement of Rent under the Master Lease) abatx Xxxt for any: any reason, including, without limitation, (i) failure or interruption of any utility system or service; service or (ii) failure of Master Lessor Landlord to maintain the Subleased Premises as may be required under the Master Lease; or (iii) penetration of water into or onto any portion of the Subleased Premises. The obligations of Sublessor and Sublessee under this Sublease Sublandlord shall not constitute the personal obligations of the officers, directors, trustees, partners, joint venturers, members, owners, stockholders or other principals or representatives of either the business entity.
Appears in 1 contract
Samples: Sublease (Transmeta Corp)
Release and Waiver of Subrogation. Notwithstanding anything to the contrary in this Sublease, Sublessor Sublandlord and Sublessee Subtenant hereby release each other from any damage to property or loss of any kind which is caused by or results from any risk that normally would be insured against under any property insurance policy actually carried or required to be carried by any such parties either party. 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 this Sublease or the Master Leasepolicy. 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 against the other party and its agents and employees in connection with any damage or injury covered by the policy, and each party shall notify the other party if it is unable to obtain a waiver of subrogation. Sublessor Subtenant shall not be liable to Sublessee, nor shall Sublessee be entitled to terminate this Sublease or to xxxxx axxxx Rent (nor shall Sublandlord, except if and to the extent Sublessor is allowed a proportionate abatement caused by or arising from the negligence or willful misconduct of Rent under Sublandlord or Sublandlord Related Parties, be liable to Subtenant for the Master Lease) for any: (i) failure or interruption of any utility system or service; service or (ii) failure of Master Lessor Landlord to maintain the Subleased Premises as may be required under the Master Lease; . In no event shall Sublandlord be liable to Subtenant for any lost profit, damage to or (iii) penetration loss of water into business or onto any portion form of the Subleased Premises. The obligations of Sublessor and Sublessee under this Sublease shall not constitute the personal obligations of the officersspecial, directors, trustees, partners, joint venturers, members, owners, stockholders indirect or other principals or representatives of either business entityconsequential damage.
Appears in 1 contract
Samples: Sublease (@Road, Inc)
Release and Waiver of Subrogation. Notwithstanding anything to the contrary in this Sublease, Sublessor and Sublessee hereby the Parties release each other and their respective agents, employees, successors and assigns from any all liability for damage to property or loss of any kind which is caused by or results from any risk insured against under any property that is actually covered by property insurance policy actually carried in force or required which would normally be covered by full replacement value “Special Form” property insurance, without regard to be carried by any such parties under this Sublease the negligence or willful misconduct of the Master Leaseentity so released. Each party Party shall cause each insurance policy obtained by it obtains to provide that include a waiver of subrogation regarding the insurer waives all right of recovery against the other party and its agents and employees in connection with any damage or injury covered by the policyliabilities released hereby. Sublessor Sublandlord shall not be liable to SublesseeSubtenant, nor shall Sublessee Subtenant be entitled to terminate this Sublease or to xxxxx Rent for any reason, including, without limitation, (except if and to the extent Sublessor is allowed a proportionate abatement of Rent under the Master Lease) for any: (ia) failure or interruption of any utility system or service; service or (iib) failure of Master Lessor 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 (iiiy) penetration failure of water into or onto any portion of Master Landlord to maintain the Subleased Premises. The obligations of Sublessor and Sublessee 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 shall not constitute for the personal obligations period of such abatement by Sublandlord under the officers, directors, trustees, partners, joint venturers, members, owners, stockholders or other principals or representatives Master Lease. Sublandlord will notify Subtenant of either any such abatement within ten (10) business entitydays thereof.
Appears in 1 contract
Release and Waiver of Subrogation. Notwithstanding anything to the contrary in this Sublease, Sublessor Tenant and Sublessee Subtenant hereby release each other from any injury to persons, damage to property property, or loss of any kind which is caused by or results from any risk insured against under any property valid and collectable insurance policy actually carried or required to be carried by any either party, which contains a waiver of subrogation by the insurer; provided, however, that such parties liability shall be released only to the extent that the damages are covered by such insurance, and only if the insurance permits such partial release. 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 this Sublease or the Master Leasesuch policy. Each party shall use its best efforts to cause each insurance policy obtained by it to provide that the insurer waives all right of recovery against the other party and its agents and employees in connection with any damage or injury covered by such policy, and each party shall notify the policyother party if it is unable to obtain such a waiver of subrogation. Sublessor Tenant shall not be liable to SublesseeSubtenant, nor shall Sublessee Subtenant be entitled to terminate this Sublease or to xxxxx Rent (except if and to the extent Sublessor is allowed a proportionate abatement of Rent under the Master Lease) abatx Xxxt for anyany reason, including without limitation: (i) failure Failure or interruption of any utility system or service; or (ii) failure of Master Lessor Landlord to maintain the Subleased Premises as may be required under the Master Mater Lease; . If Tenant and Subtenant are corporations or (iii) penetration other forms of water into or onto any portion of the Subleased Premises. The business entity, then obligations of Sublessor Tenant and Sublessee under this Sublease Subtenant shall not constitute the personal obligations of the officers, directors, trustees, partners, joint venturersventures, members, owners, stockholders or other principals or representatives of either such business entity.
Appears in 1 contract
Release and Waiver of Subrogation. Notwithstanding anything to the --------------------------------- contrary in this Sublease, Sublessor Sublandlord and Sublessee Subtenant hereby release each other from any damage to property or loss of any kind which is caused by or results from any risk that normally would be insured against under any property insurance policy actually carried or required contains a clause to be carried by any such parties the effect that this release shall not affect the right of the insured to recover under this Sublease or the Master Leasepolicy. 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 against the other party and its agents and employees in connection with any damage or injury covered by the policy, and each party shall notify the other party if it is unable to obtain a waiver of subrogation. Sublessor Sublandlord shall not be liable to SublesseeSubtenant, nor shall Sublessee Subtenant be entitled to terminate this Sublease or to xxxxx abate Rent (except if and to the extent Sublessor is allowed a proportionate abatement of Rent under the Master Lease) for any: any reason, incluxxxx, without limitation, (i) failure or interruption of any utility system or service; service or (ii) failure of Master Lessor Landlord to maintain the Subleased Premises as may be required under the Master Lease; or (iii) penetration of water into or onto any portion of the Subleased Premises. The obligations of Sublessor and Sublessee under this Sublease Sublandlord shall not constitute the personal obligations of the officers, directors, trustees, partners, joint venturersventures, members, owners, stockholders or other principals or representatives of either the business entity.
Appears in 1 contract
Samples: Sublease (Photoloft Com)
Release and Waiver of Subrogation. Notwithstanding anything to the --------------------------------- contrary in this Sublease, Sublessor Sublessor, Sublessee and Sublessee Master Lessor (by reason of its consent hereto) hereby release each other and their respective employees, agents and assigns from any damage to property or loss of any kind which is caused by or results from any risk insured against under any property insurance policy actually carried or required to be carried by any of such parties under this Sublease or any risk which would normally be covered by so called "all risk" extended coverage property insurance, without regard to the Master Leasenegligence or willful misconduct of the party so released. Each party shall use reasonable efforts to cause each insurance policy obtained by it to provide that the insurer waives all right of recovery against the other party and its agents and employees in connection with any damage or injury covered by the policy, and each party shall notify the other party if it is unable to obtain a waiver of subrogation. Sublessor shall not be liable to Sublessee, nor shall Sublessee be entitled to terminate this Sublease or to xxxxx Rent (except if and to the extent Sublessor is allowed a proportionate abatement of Rent under the Master Lease) for any: any reason, including, without limitation, (i) failure or interruption of any utility system or service; or (ii) failure of Master Lessor to maintain the Subleased Premises or the Master Premises as may be required under the Master Lease; or (iii) penetration of water into or onto any portion of the Subleased Premises. The obligations of Sublessor and Sublessee under this Sublease shall not constitute the personal obligations of the officers, directors, trustees, partners, joint venturers, members, owners, stockholders or other principals or representatives of either their respective business entity. To the extent that rent is abated with respect to the Subleased Premises under the Master Lease, Sublessee's rental obligations hereunder shall be abated.
Appears in 1 contract
Samples: Sublease Amendment (Durect Corp)
Release and Waiver of Subrogation. Notwithstanding anything to the contrary in this Sublease, Sublessor and Sublessee hereby the parties hereto release each other and their respective agents, employees, successors and assigns from any all liability for damage to property or loss of any kind which is caused by or results from any risk insured against under any property that is actually covered by property insurance policy actually carried in force or required which would normally be covered by full replacement value “Special Form” property insurance, without regard to be carried by any such parties under this Sublease the negligence or willful misconduct of the Master Leaseentity so released. Each party shall cause each insurance policy obtained by it obtains to provide that include a waiver of subrogation regarding the insurer waives all right of recovery against the other party and its agents and employees in connection with any damage or injury covered by the policyliabilities released hereby. Sublessor Sublandlord shall not be liable to SublesseeSubtenant, nor shall Sublessee Subtenant be entitled to terminate this Sublease or to xxxxx Rent (except if and to the extent Sublessor Sublandlord is allowed and receives a proportionate abatement of Rent under the Master LeaseLease with respect to the Subleased Premises) for any: any (i) failure or interruption of any utility system or service; service or (ii) failure of Master Lessor Landlord to maintain the Subleased Premises or the Building as may be required under the Master Lease. Notwithstanding anything to the contrary in the Sublease, in no event shall Sublandlord be liable to Subtenant for any lost profit, damage to or loss of business or any form of special, indirect or consequential damages; or (iii) penetration it being understood, however, that in no event shall such waiver be construed to release Sublandlord from any of water into or onto any portion of the Subleased Premises. The Sublandlord’s indemnity obligations of Sublessor and Sublessee to Subtenant under this Sublease shall not constitute the personal obligations of the officers, directors, trustees, partners, joint venturers, members, owners, stockholders or other principals or representatives of either business entityregarding claims asserted by third parties against Subtenant.
Appears in 1 contract
Release and Waiver of Subrogation. Notwithstanding anything to the contrary in this Sublease, : Sublessor and Sublessee hereby release each other from any damage to property or loss of any kind which is caused by or results from any risk insured against under any property insurance policy actually carried or required to be carried by any such parties either party which contains a waiver of subrogation by 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 this Sublease or the Master Leasepolicy. Each party shall use its best efforts to cause each insurance policy obtained by it to provide that the insurer waives all right of recovery against the other party and its agents and employees in connection with any damage or injury covered by the policy, and each party shall notify the other party if it is unable to obtain a waiver of subrogation. Sublessor shall not be liable to Sublessee, nor shall Sublessee be entitled to terminate this Sublease or to xxxxx Rent (except if and to the extent Sublessor is allowed a proportionate abatement of Rent under the Master Lease) for anyany reason, including, without limitation: (i) failure or interruption of any utility system or service; or (ii) failure of Master Lessor to maintain the Subleased Premises as may be required under the Master Lease; or (iii) penetration of water into or onto any portion of the Subleased Premises. The obligations of Sublessor and Sublessee under this Sublease shall not constitute the personal obligations of the officers, directors, trustees, partners, joint venturers, members, owners, stockholders or other principals or representatives of either the business entity.
Appears in 1 contract
Release and Waiver of Subrogation. Notwithstanding anything to the --------------------------------- contrary in this Sublease, Sublessor Sublandlord and Sublessee Subtenant hereby release each other from any damage to property or loss of any kind which is caused by or results from any risk that normally would be insured against under any property insurance policy actually carried or required to be carried by any such parties either party. 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 this Sublease or the Master Leasepolicy. 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 against the other party and its agents and employees in connection with any damage or injury covered by the policy, and each party shall notify the other party if it is unable to obtain a waiver of subrogation. Sublessor Sublandlord shall not be liable to SublesseeSubtenant, nor shall Sublessee Subtenant be entitled to terminate this Sublease or to xxxxx Rent (except if and to the extent Sublessor is allowed a proportionate abatement of Rent under the Master Lease) for any: any reason, including, without limitation, (i) failure or interruption of any utility system or service; service or (ii) failure of Master Lessor Landlord to maintain the Subleased Premises as may be required under the Master Prime Lease; or (iii) penetration of water into or onto any portion of the Subleased Premises. The obligations of Sublessor and Sublessee under this Sublease Sublandlord shall not constitute the personal obligations of the officers, directors, trustees, partners, joint venturers, members, owners, stockholders or other principals or representatives of either the business entity.
Appears in 1 contract
Release and Waiver of Subrogation. Notwithstanding anything to the contrary in this Sublease, Sublessor and Sublessee hereby the parties hereto release each other and their respective agents, employees, successors and assigns from any all liability for damage to property or loss of any kind which is caused by or results from any risk insured against under any property that is actually covered by property insurance policy actually carried in force or required which would normally be covered by full replacement value "Special Form" property insurance, without regard to be carried by any such parties under this Sublease the negligence or willful misconduct of the Master Leaseentity so released. Each party shall cause each insurance policy obtained by it obtains to provide that include a waiver of subrogation regarding the insurer waives all right of recovery against the other party and its agents and employees in connection with any damage or injury covered by the policyliabilities released hereby. Sublessor Sublandlord shall not be liable to SublesseeSubtenant, nor shall Sublessee Subtenant be entitled to terminate this Sublease or to xxxxx Rent (except if and to the extent Sublessor is allowed a proportionate abatement of Rent under the Master Lease) for any: any reason, including, without limitation, (i) failure or interruption of any utility system or service; service or (ii) failure of Master Lessor Landlord to maintain the Subleased Premises as may be required under the Master Lease; . Failure by Sublandlord to perform any defined services, or (iii) penetration any cessation thereof, when such failure is caused by accident, breakage, repairs, strikes, lockout or other labor disturbances or labor disputes of water into any character, or onto by any portion other cause, similar or dissimilar, beyond the reasonable control of the Subleased Premises. The obligations of Sublessor and Sublessee under this Sublease Sublandlord, shall not constitute the personal obligations render Sublandlord liable in any respect for damages to either person or property, nor be construed as an eviction of the officersSubtenant, directorsnor cause an abatement of rent nor relieve Subtenant from fulfillment of any covenant or agreement hereof. In no event shall Sublandlord be liable to Subtenant for any lost profit, trusteesdamage to or loss of business or any form of special, partners, joint venturers, members, owners, stockholders indirect or other principals or representatives of either business entityconsequential damage.
Appears in 1 contract
Samples: Sublease (Xenoport Inc)
Release and Waiver of Subrogation. Notwithstanding anything to the contrary in this Sublease, Sublessor Sublandlord and Sublessee Subtenant hereby release each other from any damage to property or loss of any kind which is caused by or results from any risk that normally would be insured against under any property insurance policy actually carried or required to be carried by any such parties either party. 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 this Sublease or the Master Leasepolicy. 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 against the other party and its agents and employees in connection with any damage or injury covered by the policy, and each party shall notify the other party if it is unable to obtain a waiver of subrogation. Sublessor Subtenant shall not be liable to Sublessee, nor shall Sublessee be entitled to terminate this Sublease or to xxxxx Rent (nor shall Sublandlord, except if and to the extent Sublessor is allowed a proportionate abatement caused by or arising from the negligence or willful misconduct of Rent under Sublandlord or Sublandlord Related Parties, be liable to Subtenant for the Master Lease) for any: (i) failure or interruption of any utility system or service; service or (ii) failure of Master Lessor Landlord to maintain the Subleased Premises as may be required under the Master Lease; . In no event shall Sublandlord be liable to Subtenant for any lost profit, damage to or (iii) penetration loss of water into business or onto any portion form of the Subleased Premises. The obligations of Sublessor and Sublessee under this Sublease shall not constitute the personal obligations of the officersspecial, directors, trustees, partners, joint venturers, members, owners, stockholders indirect or other principals or representatives of either business entityconsequential damage.
Appears in 1 contract
Samples: Sublease (Va Software Corp)