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 property that is caused 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; subject to the following limitations: (i) the foregoing provisions shall not apply to the commercial general liability insurance described by Section 15.1.1; (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 Section 15.2 to the extent permitted by this Lease; and (iii) Tenant and Landlord 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 or Tenant 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. Each party shall 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.

Appears in 2 contracts

Samples: Lease Agreement (Palmsource Inc), Lease Agreement (Palm Inc)

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Release and Waiver of Subrogation. The Notwithstanding anything to the contrary in this Lease, the parties hereto release each other, and their respective 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; damage or any insurance policy which is required to be maintained by the parties under this Lease without regard to the negligence or willful misconduct of the party or entity so released, subject to the following limitations: (i) the foregoing provisions provision shall not apply to the commercial general liability insurance described by Section 15.1.1subparagraphs ¶9.1A and ¶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 Section 15.2 ¶9.1A.2 to the extent permitted by this Lease; and (iii) Tenant and 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 or Tenant from 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 extent of the applicable deductible and to the extent such partial release in connection with obtaining a waiver damage or claim is caused by Landlord or Landlord’s Agents or Tenant or any of subrogation from the insurer. Each party shall 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 policyTenant’s Agents, respectively.

Appears in 2 contracts

Samples: Lease (Neophotonics Corp), Lease (Neophotonics Corp)

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 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; subject to the following limitations: (i) the foregoing provisions provision shall not apply to the commercial general liability insurance described by Section 15.1.1Paragraph 9.1A and 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 Section 15.2 Paragraph 9.1 to the extent permitted by this Lease; and (iii) Tenant and Landlord neither party 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 or Tenant the other party 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.to

Appears in 1 contract

Samples: Caliper Technologies Corp

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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 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 or required under this Lease which contains 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 provisions provision shall not apply to the commercial general liability insurance described by Section 15.1.1subparagraphs ¶9.1A; 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 Section 15.2 to the extent permitted by this Lease; and (iii) Tenant and Landlord 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 or Tenant 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. Each party shall 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 policyemployees.

Appears in 1 contract

Samples: Lease (ShockWave Medical, Inc.)

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