Subrogation and Waiver. The parties release each other and their respective authorized representatives from any claims for injury to any person or damage to the Property that are caused by or result from risks required to be insured against under any insurance policies carried by either of the parties. Each party to the extent possible shall obtain, for each policy of insurance, provisions permitting waiver of any claim against the other party for loss or damage within the scope of the insurance and each party to the extent permitted, for itself and its insurer, waives all such insured claims against the other party. If such waiver or agreement shall not be obtainable, or shall cease to be obtainable without additional charge, the insured party shall so notify the other party promptly after notice thereof. If the other party shall agree in writing to pay the insurer’s additional charge therefor, such waiver or agreement shall (if obtainable) be included in the policy.
Subrogation and Waiver. Lessor hereby waives any and all claims against Lessee, its assignees or sub-lessees for damage or destruction of any improvements on the Premises (whether or not resulting from the fault or negligence of Lessee, its assignees or sub- lessees or their agents or employees) which improvements are covered by insurance obtained by Lessee and, the parties agree that any policies of insurance obtained by Lessor will recognize this waiver of Lessor by a good and sufficient waiver of subrogation provision; provided, however, that nothing herein shall be construed as waiving Lessor's right to any insurance proceeds under policies obtained by Lessee, but paid for by Lessor.
Subrogation and Waiver. Section 13.1 Anything in this Lease to the contrary notwithstanding, to the full extent permitted by law, Landlord and Tenant each hereby waives any and all rights of recovery, claim, action or cause of action, against the other, its agents, servants, partners, shareholders, officers, or employees, for any loss or damage that may occur to the Premises or the Property, or any improvements thereto, or any personal property of such party therein, by reason of fire, the elements, or any other cause to the extent such loss or damage is covered by the terms of a valid and collectible commercial prope1ty insurance policy with special causes of loss coverage in effect at the time of such loss (or would have been covered by such a policy if such a policy were in effect) regardless of cause or origin, including negligence of the other party hereto, its agents, officers, partners, shareholders, servants, or employees, and covenants that no insurer shall hold any right of subrogation against such other xxxxx. Landlord and Tenant will cause their respective insurers to issue appropriate waiver of subrogation rights endorsements to all policies of commercial property insurance policy with special causes of loss coverage carried in connection with the Property and the Premises; provided that the foregoing waiver by each party is conditioned upon the other party’s carrying insurance with the above described waiver of subrogation, and if such coverage is not obtained or maintained by either xxxxx, then the other party’s waiver shall be deemed rescinded until such waiver is either obtained or reinstated.
Subrogation and Waiver. As long as their respective insurers so permit, Lessor and Lessee hereby mutually waive their respective rights of recovery against each other for any loss insured by fire, extended coverage and other property insurance policies existing for the benefit of the respective parties. Each party shall obtain any special endorsements, if required by their insurer to evidence compliance with the aforementioned waiver. To the extent permitted by law, and without affecting the coverage provided by insurance required to be maintained hereunder, Lessor and Lessee each waive any right to recover against the other for (a) damages for injury to or death of persons, (b) damages to property, (c) damages to the Premises or any part thereof or (d) claims arising by reason of the foregoing, to the extent such damages and claims are insured against or required to be insured against by Lessor or Lessee under this Lease. This provision is intended to waive, fully and for the benefit of each party, any rights and/or claims which might give rise to a right of subrogation by any insurance carrier. The coverage obtained by each party pursuant to this Lease shall include, without limitation, a waiver of subrogation by the carrier which conforms to the provisions of this section.
Subrogation and Waiver. 29 21. Indemnity......................................................29 22.
Subrogation and Waiver. To the full extent permitted by law, the parties waive all right of recovery against the other for, and release each other and their respective authorized representatives from any claims for injury to any person or damage to the Property that are caused by or result from risks insured against under any fire, extended coverage, business interruption and loss of rents insurance or self insurance carried or required to be carried by the party seeking recovery. Each party shall obtain, for each policy of insurance, a waiver by the insurer of all right of subrogation against the other party for any loss or damage within the scope of the insurance and each party to the extent permitted by law, for itself and its insurer, waives all such insured claims against the other party. If such waiver or agreement shall not be, or shall cease to be, obtainable without additional charge, any additional premium for such waiver shall be paid by the primary insured.
Subrogation and Waiver. (a) Each Loan Party that is a guarantor under any USI Bank Debt Guaranty (including any Non-Shared Guaranty) or any Rexair Bank Debt Guaranty (a "Guarantor") or a grantor or pledgor with respect to any of the Collateral (a "Collateral Grantor") hereby unconditionally and irrevocably agrees not to exercise any rights that it may now have or hereafter acquire, as such Guarantor or Collateral Grantor, against any other Loan Party or any other insider Guarantor or Collateral Grantor that have arisen or may arise from the existence, payment, performance or enforcement of such Loan Party's Obligations, as a Guarantor or Collateral Grantor of the Obligations, under or in respect of any Bank Facility or Credit Document, including, without limitation, any right of subrogation, reimbursement, exoneration, contribution or indemnification and any right to participate in any claim or remedy of any secured or guaranteed creditor against any other Loan Party or any other insider Guarantor or Collateral Grantor or any collateral securing any of the guaranteed or secured Obligations, whether or not such claim, remedy or right arises in equity or under contract, statute or common law, including, without limitation, the right to take or receive from any other Loan Party or any other insider Guarantor or Collateral Grantor, directly or indirectly, in cash or other property or by set-off or in any other manner, payment or security on account of such claim, remedy or right, unless and until all of the Bank Exposure shall have been paid in full in cash, and all Commitments in respect thereof shall have expired or been terminated, and all Letter of Credit and Secured Hedge Agreements shall have expired or been terminated ("Final Payment").
Subrogation and Waiver. Anything in this Lease to the contrary notwithstanding, Landlord and Tenant each hereby waives any and all rights of recovery, claim, action or cause of action, against the other, its agents, servants, partners, shareholders, officers, or employees, for any loss or damage that may occur to the Premises, or any improvements thereto, or any personal property of such party therein, by reason of fire, the elements, or any other cause which could be insured against under the terms of standard fire and extended coverage insurance policies regardless of cause or origin, including negligence of the other party hereto, its agents, Table of Contents officers, partners, shareholders, servants, or employees, and covenants that no insurer shall hold any right of subrogation against such other party. Landlord and Tenant will cause their respective insurers to issue appropriate waiver of subrogation rights endorsements to all policies of fire and extended coverage insurance carried in connection with the Premises.
Subrogation and Waiver. Landlord and Tenant hereby mutually waive all claims for recovery from the other or its agents, employees, officers, partners, affiliates, and any other person or entities occupying the Premises, including subtenants provided such subtenants waive their right of subrogation against Landlord, for any loss or damage to any of Landlord's property or Tenant's property insured under valid and collectible insurance policies to the extent of any recovery for loss insured thereunder or required by the terms of this Lease to be insured hereunder and, to that end, the parties agree to a mutual subrogation clause to be inserted or endorsed on each policy setting forth that the insurance shall not be invalidated in the event that the insured should waive in writing prior to any loss, any or all right of recovery against the other party for any such loss Notwithstanding anything set forth above, Landlord or Tenant, as the case may be, (the ensured") shall have the right to recover from the other the amount of the deductible on the Insured's policies for any damage or destruction to the Building caused by the fault, negligence, omission, or other misconduct of the other, its agents, employees, licensees, invitees, or visitors, provided, however, if such deductible increases after the Commencement Date, Landlord or Tenant, as the case may be, shall only be liable to pay the increased deductible to the extent that it is equal to that of similar insurance policies customarily carried by property owners and tenants, as the case may be, of similar facilities in the greater Columbia, Maryland area, but in no event shall such deductible amount increase in any year by more than twenty percent (20%) of the preceding year's deductible. Prior to the Commencement Date, the parties shall advise the other of the amount of such deductible.
Subrogation and Waiver. 24 20. Indemnification.......................................................24 -i- 21. Interruption of Services..............................................24
