Common use of Release; Waiver of Subrogation Clause in Contracts

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. 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.