Release; Waiver of Subrogation. Anything in this Lease to the contrary notwithstanding, it is agreed that Tenant hereby releases Landlord from any liability which the Landlord would, but for this paragraph, have had to Tenant during the term of this Lease resulting from any accident or occurrence or casualty (i) which is covered by Tenant’s required insurance hereunder, or (ii) which is or would be covered by a fire or “all risk” property insurance policy in use in the state in which the Leased Premises is located, whether or not Tenant is actually maintaining such an insurance policy, or (iii) which is covered by any other casualty or property damage insurance being carried by Tenant at the time of such occurrence, which casualty may have resulted in whole or in part from any act or neglect of Landlord, its officers, agents or employees; PROVIDED, HOWEVER, the releases hereinabove set forth shall become inoperative and null and void if Tenant wishes to place such insurance with an insurance company which (y) takes the position that the existence of such release vitiates or would substantially adversely affect any policy so insuring the Releasing Party and notice thereof is given to Landlord, or (z) requires the payment of a higher premium by reason of the existence of such release, unless in the latter case Landlord within 20 days after notice thereof from the Tenant pays such increase in premium. Notwithstanding anything to the contrary herein, Tenant agrees and acknowledges that Landlord shall have no responsibility or liability for any loss, damage or injury to Tenant’s Property which is located in, on or about the Leased Premises at any time and from time to time, regardless of the cause of such loss, damage or injury, and that all of Tenant’s Property is located in, on or about the Leased Premises at Tenant’s sole risk. Tenant hereby releases Landlord from any and all claims with respect to loss, damage or injury to Tenant’s Property located in, on or about the Leased Premises, regardless of the cause of such loss, damage or injury.
Release; Waiver of Subrogation. Anything in this Agreement to the contrary notwithstanding, it is agreed that each party (the "Releasing Party") hereby releases the other (the "Released Party") from any liability which the Released Party would, but for this Section 17.5, have had to the Releasing Party during the Term of this Agreement resulting from any accident or occurrence or casualty which is or would be covered by Manager's insurance required under this Agreement (including Liability and Workers Compensation), including that which is or would be covered by a fire or "all risk" property insurance policy in use in the State of Kansas, whether or not the Releasing Party is actually maintaining such an insurance policy, or which is covered by any other casualty or property damage insurance being carried by the Releasing Party at the time of such occurrence, which casualty may have resulted in whole or in part from any act or omission of the Released Party, its officers, agents or employees; Notwithstanding anything to the contrary herein, Manager agrees and acknowledges that Owner shall have no responsibility or liability for any loss, damage or injury to Manager's Property which is located in, on or about the Premises or the Common Facilities at any time and from time to time, regardless of the cause of such loss, damage or injury, and that all of Manager's Property is located in, on and about the Premises and the Common Facilities at Manager's sole risk. Manager hereby releases Owner from any and all claims with respect to loss, damage or injury to Manager's Property located in, on and about the Premises and the Common Facilities, regardless of the cause of such loss, damage or injury. Owner would only have liability if casualty is caused by gross negligence or willful misconduct by Owner.
Release; Waiver of Subrogation. Landlord and Tenant hereby release one another and their respective officers, directors, employees and agents, from liability or responsibility for any loss or damage in, about, or to the Premises or any other real and personal property (including, without limitation, loss or damage to Tenant’s personal property, or Tenant’s business or the Improvements, loss arising from any act or neglect of cotenants or other occupants of the Premises) caused by a peril which is insured or is required to be insured against under any insurance policies required by this Lease AND THIS RELEASE SHALL APPLY NOTWITHSTANDING THE FAULT OR NEGLIGENCE OF EITHER PARTY OR ANYONE FOR WHOM EITHER PARTY MAY BE RESPONSIBLE. The aforesaid policies shall recognize this release and waive all rights of subrogation by the respective property and liability insurance carriers. Nothing in this Section 15.5 shall be deemed or construed as a release by Landlord of Tenant’s obligation to obtain and maintain insurance required by this Lease.
Release; Waiver of Subrogation. Tenant hereby releases Landlord and Landlord's respective officers, directors, employees and agents, from and waives all claims against such parties for liability or responsibility for any loss or damage in, about, or to the Premises 16 (including, without limitation, loss or damage to Tenant's personal property, or Tenant's business) AND THIS RELEASE AND WAIVER SHALL APPLY NOTWITHSTANDING THE FAULT OR NEGLIGENCE OF LANDLORD OR ANYONE FOR WHOM LANDLORD MAY BE RESPONSIBLE. The aforesaid policies shall contain an endorsement recognizing this release and waiving all rights of subrogation by the respective property and liability insurance carriers.
Release; Waiver of Subrogation. Each of the parties hereto hereby releases the other, to the extent of the releasing party’s insurance coverage, from any and all liability for any loss or damage covered by such insurance which may be inflicted upon the property of such party even if such loss or damage shall be brought about by the fault or negligence of the other party, its agents or employees; provided, however, that this release shall be effective only with respect to loss or damage occurring during such time as the appropriate policy of insurance shall contain a clause to the effect that this release shall not affect said policy or the right of the insured to recover thereunder. If any policy does not permit such a waiver, and if the party to benefit therefrom requests that such a waiver be obtained, the other party agrees to obtain an endorsement to its insurance policies permitting such waiver of subrogation if it is available.
Release; Waiver of Subrogation. Tenant agrees to have all fire and extended coverage and other property damage insurance endorsed with a clause providing that any release from liability of or waiver of claim for recovery from the other party executed in writing by the insured thereunder prior to any loss or damage shall not affect the validity of such policy or the right of the insured to recover thereunder, and providing further that the insurer waives all rights of subrogation which such insurer might have against the other party. Without limiting any release or waiver of liability or recovery set forth elsewhere in this Lease, and notwithstanding anything in this Lease which may appear to be to the contrary, each of the Parties waives all claims for recovery from the other party for any loss or damage to any of its property insured under valid and collectible insurance policies to the extent of any recovery collected under such insurance policies.
Release; Waiver of Subrogation. Subtenant hereby releases Sublandlord or anyone claiming through or under Sublandlord by way of subrogation or otherwise to the extent that Sublandlord so releases Prime Landlord pursuant to the terms of the Primary Lease. Subtenant hereby releases Prime Landlord or anyone claiming through or under Prime Landlord by way of subrogation or otherwise to the extent that Sublandlord releases Prime Landlord pursuant to the terms of the Primary Lease. Subtenant shall cause its insurance carriers to include any clauses in, or endorsements on, any insurance policy in favor of Sublandlord, Prime Landlord and any additional parties, which Sublandlord is required to include pursuant to the provisions of the Primary Lease.
Release; Waiver of Subrogation. Whenever (i) any loss, cost, damage or expense resulting, directly or indirectly, from fire, explosion or any other casualty, accident or occurrence is incurred by an Owner, and (ii) at the time such Owner is required to be covered in whole or in part by insurance with respect to such loss, cost, damage or expense, then such Owner hereby releases each other Owner and Occupant from any liability such Owner may have on account of such loss, cost, damage or expense, and shall cause its commercial property insurance carriers to waive any rights of subrogation under such policy.
Release; Waiver of Subrogation. The indemnity of the parties set forth in this Article 11 shall be limited only to that portion of any such loss, damage, cost, expense, fine, fee or claim which is not covered by insurance maintained by or for the benefit of the PTFI Indemnitee or PJP Indemnitee, as the case may be, seeking indemnification. PTFI hereby releases each PJP Indemnitee and PJP hereby releases each PTFI Indemnitee, in each case from any and all liability to PTFI or PJP, as the case may be, or anyone claiming through or under PTFI or PJP, as the case may be, by way of subrogation or otherwise, for any loss, damage, cost, expense, fine, fee or claim for which indemnification would otherwise be provided in this Article 11 to the extent covered by insurance maintained by or for the benefit of the releasing party to the extent such release does not invalidate any insurance coverages. Each party shall cause its insurance policies to provide that the insurer waive all right to recover by way of subrogation or otherwise against any PTFI Indemnitee or PJP Indemnitee, as the case may be, for any such loss, damage, cost, expense, fine, fee or claim under this Article 11 which is covered by such insurance policy.
Release; Waiver of Subrogation. Landlord and Tenant each hereby release each other from liability for damage to the property of the other to the extent of the greater of insurance maintained or required to be maintained hereunder. Landlord and Tenant shall use reasonable efforts to obtain waivers of subrogation rights by the insurer against -Landlord or Tenant, as the case may be, in all property insurance policies affecting any portion of the Center in which Landlord or Tenant is not an insured party.
