Common use of Release; Waiver of Subrogation Clause in Contracts

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 Lease to the contrary notwithstanding, it is agreed that Tenant each party (the “Releasing Party”) hereby releases Landlord the other (the “Released Party”) from any liability which the Landlord Released Party would, but for this paragraphArticle 18.7, have had to Tenant the Releasing Party during the term Term of this Lease resulting from any accident or occurrence or casualty (i) which is or would be covered by Tenant’s insurance required insurance hereunderunder this Lease, 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 the Releasing Party is actually maintaining such an insurance policy, or (iii) which is covered by any other casualty or property damage insurance being carried by Tenant the Releasing Party at the time of such occurrence, which casualty may have resulted in whole or in part from any act or neglect omission of Landlordthe Released Party, its officers, agents or employees; PROVIDED, HOWEVER, the mutual releases hereinabove set forth shall become inoperative and null and void if Tenant the Releasing Party 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 Landlordthe Released Party, or (z) requires the payment of a higher premium by reason of the existence of such release, unless in the latter case Landlord the Released Party within 20 twenty (20) days after notice thereof from the Tenant Releasing Party 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 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 Tenant’s Property is located in, on or and about the Leased Premises and the Common Facilities 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 and about the Leased PremisesPremises and the Common Facilities, regardless of the cause of such loss, damage or injury.

Release; Waiver of Subrogation. Anything in this Lease to the contrary notwithstanding, it is agreed that Tenant each party (the “Releasing Party”) hereby releases Landlord the other (the “Released Party”) from any liability which the Landlord Released Party would, but for this paragraphSection, have had to Tenant the Releasing Party during the term Construction Term and Term of this Lease resulting from any accident or occurrence or casualty (i) which is covered by Tenant’s required insurance hereunderunder this Lease (including Liability, or (ii) Automobile and Workers Compensation), including 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 Property is located, whether or not Tenant the Releasing Party is actually maintaining such an insurance policy, or (iii) which is covered by any other casualty or property damage insurance being carried by Tenant the Releasing Party at the time of such occurrence, which casualty may have resulted in whole or in part from any act or neglect of Landlordthe Released Party, its officers, agents or employees; PROVIDEDprovided, HOWEVERhowever, the mutual releases hereinabove set forth shall become inoperative and null and void if Tenant the Releasing Party 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 premiumReleased Party. Notwithstanding anything any other term or provision to the contrary set forth herein, Tenant Xxxxxx agrees and acknowledges that Landlord and any Mortgagee shall have no responsibility or liability for any loss, damage or injury to Tenantthe School’s Property which is located in, on or about the Leased Premises Property at any time and from time to time, regardless of the cause of such loss, damage or injury, and that all of Tenantthe School’s Property is located in, on or about the Leased Premises Property at Tenant’s sole risk. Tenant hereby releases Landlord and any Mortgagee from any and all claims with respect to loss, damage or injury to Tenantthe School’s Property located in, on or about the Leased PremisesProperty, regardless of the cause of such loss, damage or injury, except to the extent the same is caused by any willful or grossly negligent act or omission of Landlord, its agents, employees or contractors.