Common use of Subrogation Waiver Clause in Contracts

Subrogation Waiver. Landlord and Tenant shall each include in each of its insurance policies (insuring the Demised Premises in case of Landlord, and insuring Tenant’s Property, Fixtures and Improvements and Betterments in the case of Tenant, against loss, damage or destruction by fire or other casualty) a waiver of the insurer’s right of subrogation against the other party during the Term or a renewal thereof or, if such waiver should be unobtainable or unenforceable: (a) an express agreement that such policy shall not be invalidated if the assured waives the right of recovery against any party responsible for a casualty covered by the policy before the casualty; or (b) any other form of permission for the release of the other party. Each party hereby releases the other party with respect to any claim (including a claim for negligence) which it might otherwise have against the other party for loss, damage or destruction with respect to its property occurring during the Term or a renewal thereof to the extent to which it is insured under a policy or policies containing a waiver of subrogation or permission to release liability. Nothing contained in this Section 7.03 shall be deemed to relieve either party of any duty imposed elsewhere in this lease to repair, restore or rebuild or to nullify any abatement of rents provided for elsewhere in this lease.

Subrogation Waiver. Landlord and Tenant shall each include in each of its insurance policies (insuring the Demised Premises Building in case of Landlord, and insuring Tenant’s Property, Property and Fixtures and Improvements and Betterments in the case of Tenant, against loss, damage or destruction by fire or other casualty) a waiver of the insurer’s right of subrogation against the other party during the Term or a renewal thereof or, if such waiver should be unobtainable or unenforceable: , (a) an express agreement that such policy shall not be invalidated if the assured waives the right of recovery against any party responsible for a casualty covered by the policy before the casualty; or casualty or (b) any other form of permission for the release of the other party. Each party hereby releases the other party with respect to any claim (including a claim for negligence) which it might otherwise have against the other party for loss, damage or destruction with respect to its property occurring during the Term or a renewal thereof to the extent to which it is, or is required to be, insured under a policy or policies containing a waiver of subrogation or permission to release liability. Nothing contained in this Section 7.03 shall be deemed to relieve either party of any duty imposed elsewhere in this lease Lease to repair, restore or rebuild or to nullify any abatement of rents provided for elsewhere in this leaseLease.

Subrogation Waiver. Landlord and Tenant shall each include in each of its insurance policies (insuring the Demised Premises Building in case of Landlord, and insuring Tenant’s Property, Fixtures Property and Improvements and Betterments in the case of Tenant, against loss, damage or destruction by fire or other casualty) a waiver of the insurer’s right of subrogation against the other party during the Term or a renewal thereof or, if such waiver should be unobtainable or unenforceable: , (a) an express agreement that such policy shall not be invalidated if the assured waives the right of recovery against any party responsible for a casualty covered by the policy before the casualty; or casualty or (b) any other form of permission for the release of the other party. Each party hereby releases the other party with respect to any claim (including a claim for negligence) which it might otherwise have against the other party for loss, damage or destruction with respect to its property occurring during the Term or a renewal thereof to the extent to which it is, or is required to be, insured under a policy or policies containing a waiver of subrogation or permission to release liability. Nothing contained in this Section 7.03 shall be deemed to relieve either party of any duty imposed elsewhere in this lease Lease to repair, restore or rebuild or to nullify any abatement of rents provided for elsewhere in this leaseLease.

Subrogation Waiver. Landlord and Tenant shall each include in each of its insurance policies (insuring the Demised Premises Project in the case of Landlord, and insuring Tenant’s Property, Fixtures and Improvements and Betterments in the case of Tenant, against loss, damage or destruction by fire or other casualty) a waiver of the insurer’s right of subrogation against the other party during the Term or a renewal thereof or, if such waiver should be unobtainable or unenforceable: , (a) an express agreement that such policy shall not be invalidated if the assured waives the right of recovery against any party responsible for a casualty covered by the policy before the casualty; or casualty or (b) any other form of permission for the release of the other party. Each party hereby releases the other party with respect to any claim (including a claim for negligence) which it might otherwise have against the other party for loss, damage or destruction with respect to its property occurring during the Term or a renewal thereof to the extent to which it is, or is required to be, insured under a policy or policies containing a waiver of subrogation or permission to release liability. Nothing contained in this Section 7.03 8.03 shall be deemed to relieve either party of any duty imposed elsewhere in this lease Lease to repair, restore or rebuild or to nullify any abatement of rents provided for elsewhere in this leaseLease.

Subrogation Waiver. Landlord and Tenant shall each include in each of its insurance policies (insuring the Demised Premises Building in case of Landlord, and insuring Tenant’s Property, Fixtures and Improvements and Betterments in the case of Tenant, against loss, damage or destruction by fire or other casualty) a waiver of the insurer’s right of subrogation against the other party during the Term or a renewal thereof or, if such waiver should be unobtainable or unenforceable: , (a) an express agreement that such policy shall not be invalidated if the assured waives the right of recovery against any party responsible for a casualty covered by the policy before the casualty; or casualty or (b) any other form of permission for the release of the other party. Each party hereby releases the other party with respect to any claim (including a claim for negligencenegligence or willful misconduct) which it might otherwise have against the other party for loss, damage or destruction with respect to its property occurring during the Term or a renewal thereof to the extent to which it is, or is required to be, insured under a policy or policies containing a waiver of subrogation or permission to release liability. Nothing contained in this Section 7.03 shall be deemed to relieve either party of any duty imposed elsewhere in this lease Lease to repair, restore or rebuild or to nullify any abatement of rents provided for elsewhere in this leaseLease.

Subrogation Waiver. Landlord and Tenant shall each include in each of its insurance policies (insuring the Demised Premises Building in case of Landlord, and insuring Tenant’s Property, Fixtures and Improvements and Betterments in the case of Tenant, against loss, damage or destruction by fire or other casualty) a waiver of the insurer’s right of subrogation against the other party during the Term or a renewal thereof or, if such waiver should be unobtainable or unenforceable: : (a) an express agreement that such policy shall not be invalidated if the assured waives the right of recovery against any party responsible for a casualty covered by the policy before the casualty; or or (b) any other form of permission for the release of the other party, each to the extent commercially available. Each party hereby releases the other party with respect to any claim (including a claim for negligence) which it might otherwise have against the other party for loss, damage or destruction with respect to its property occurring during the Term or a renewal thereof to the extent to which it is insured under a policy or policies containing required to be maintained pursuant to the terms of this lease or should have been insured pursuant to the terms of the lease. Each party shall promptly notify the other if a waiver of subrogation or permission to other release liabilityof liability is not commercially available. Nothing contained in this Section 7.03 shall be deemed to relieve either party of any duty imposed elsewhere in this lease to repair, restore or rebuild or to nullify any abatement of rents provided for elsewhere in this lease.

Subrogation Waiver. Landlord and Tenant shall each include in each of its insurance policies (insuring the Demised Premises Building in case of Landlord, and insuring Tenant’s Property, Fixtures Property and Improvements and Betterments in the case of Tenant, against loss, damage or destruction by fire or other casualty) a waiver of the insurer’s right of subrogation against the other party (including such parties’ employees and Affiliates within the Building and, to the extent a permitted subtenant waives its insurer’s right of subrogation against Landlord in the applicable sublease, such subtenant) during the Term or a renewal thereof or, if such waiver should be unobtainable or unenforceable: , (a) an express agreement that such policy shall not be invalidated if the assured insured waives the right of recovery against any party responsible for a casualty covered by the policy before the casualty; or casualty or (b) any other form of permission for the release of the other party. Each party hereby releases the other party with respect to any claim (including a claim for negligence) which it might otherwise have against the other party for loss, damage or destruction with respect to its property occurring during the Term or a renewal thereof to the extent to which it is, or is required to be, insured under a policy or policies containing a waiver of subrogation or permission to release liability. Nothing contained in this Section 7.03 shall be deemed to relieve either party of any duty imposed elsewhere in this lease Lease to repair, restore or rebuild or to nullify any abatement of rents provided for elsewhere in this leaseLease.

Subrogation Waiver. To the extent that it is obtainable from their existing insurers without material increase in premium, Landlord and Tenant shall each include in each of its insurance policies (insuring the Demised Premises Building in case of Landlord, and insuring Tenant’s Property, Fixtures Property and Improvements and Betterments in the case of Tenant, against loss, damage or destruction by fire or other casualty) a waiver of the insurer’s right of subrogation against the other party during the Term or a renewal thereof or, if such waiver should be unobtainable or unenforceable: , (a) an express agreement that such policy shall not be invalidated if the assured waives the right of recovery against any party responsible for a casualty covered by the policy before the casualty; or casualty or (b) any other form of permission for the release of the other party. Each party hereby releases the other party with respect to any claim (including a claim for negligence) which it might otherwise have against the other party for loss, damage or destruction with respect to its property occurring during the Term or a renewal thereof to the extent to which it is, or is required to be, insured under a policy or policies containing a waiver of subrogation or permission to release liability. Nothing contained in this Section 7.03 shall be deemed to relieve either party of any duty imposed elsewhere in this lease Lease to repair, restore or rebuild or to nullify any abatement of rents provided for elsewhere in this leaseLease.

Subrogation Waiver. Landlord and Tenant shall each include in each of its insurance policies (insuring the Demised Premises Building in case of Landlord, and insuring Tenant’s Property, Property and Fixtures and Improvements and Betterments in the case of Tenant, against loss, damage or destruction by fire or other casualty) a waiver of the insurer’s right of subrogation against the other party during the Term or a renewal thereof or, if such waiver should be unobtainable or unenforceable: , (a) an express agreement that such policy shall not be invalidated if the assured waives the right of recovery against any party responsible for a casualty covered by the policy before the casualty; or casualty or (b) any other form of permission for the release of the other party. Each party hereby waives and releases the other party with respect to any claim (including a claim for negligence) which it might otherwise have against the other party for loss, damage or destruction with respect to its property occurring during the Term or a renewal thereof to the extent such loss, damage or destruction arises from a risk which is, or is required to which it is be, insured under a policy or policies containing a waiver against by the waiving party pursuant to the provisions of subrogation or permission to release liabilitythis Article 7. Nothing contained in this Section 7.03 shall be deemed to relieve either party of any duty imposed elsewhere in this lease Lease to repair, restore or rebuild or to nullify any abatement of rents provided for elsewhere in this leaseLease.

Subrogation Waiver. Landlord and Tenant shall each include in each of its insurance policies (insuring the Demised Premises Project in case of Landlord, and insuring Tenant’s 's Property, Fixtures and Improvements and Betterments in the case of Tenant, against loss, damage or destruction by fire or other casualty) a waiver of the insurer’s 's right of subrogation against the other party during the Term or a renewal thereof or, if such waiver should be unobtainable or unenforceable: , (a) an express agreement that such policy shall not be invalidated if the assured waives the right of recovery against any party responsible for a casualty covered by the policy before the casualty; or casualty or (b) any other form of permission for the release of the other party. Each party hereby releases the other party with respect to any claim (including a claim for negligence) which it might otherwise have against the other party for loss, damage or destruction with respect to its property occurring during the Term or a renewal thereof to the extent to which it is, or is required to be, insured under a policy or policies containing a waiver of subrogation or permission to release liability. Nothing contained in this Section 7.03 SECTION 8.03 shall be deemed to relieve either party of any duty imposed elsewhere in this lease Lease to repair, restore or rebuild or to nullify any abatement of rents provided for elsewhere in this leaseLease.

Subrogation Waiver. Landlord and Tenant shall each include in each of its insurance policies (insuring the Demised Premises Building in case of Landlord, and insuring Leasehold Improvements and Tenant’s Property, Fixtures and Improvements and Betterments Personal Property in the case of Tenant, against loss, damage or destruction by fire or other casualty) a waiver of the insurer’s right of subrogation against the other party during the Term or a renewal thereof or, if such waiver should be unobtainable or unenforceable: , (a) an express agreement that such policy shall not be invalidated if the assured waives the right of recovery against any party responsible for a casualty Two Xxxxx Center – Bluestem Pipeline, LLC Lease covered by the policy before the casualty; or casualty or (b) any other form of permission for the release of the other party. Each party hereby releases the other party with respect to any claim (including a claim for negligence) which it might otherwise have against the other party for loss, damage or destruction with respect to its property occurring during the Term or a renewal thereof to the extent to which it is, or is required to be, insured under a policy or policies containing a waiver of subrogation or permission to release liability. Nothing contained in this Section 7.03 9.1 shall be deemed to relieve either party of any duty imposed elsewhere in this lease Lease to repair, restore or rebuild or to nullify any abatement of rents provided for elsewhere in this leaseLease.

Subrogation Waiver. Landlord and Tenant shall each include in each of its insurance policies (insuring the Demised Premises Building in the case of Landlord, and insuring Tenant’s Property, Property and Fixtures and Improvements and Betterments in the case of Tenant, against loss, damage or destruction by fire or other casualty) a waiver of the insurer’s right of subrogation against the other party during the Term or a renewal thereof or, if such waiver should be unobtainable or unenforceable: : (a) an express agreement that such policy shall not be invalidated if the assured waives the right of recovery against any party responsible for a casualty covered by the policy before the casualty; or or (b) any other form of permission for the release of the other party, each to the extent commercially available. Each party hereby releases the other party with respect to any claim (including a claim for negligence) which it might otherwise have against the other party for loss, damage or destruction with respect to its property occurring during the Term or a renewal thereof to the extent to which that it is insured under a policy or policies containing a waiver of subrogation or permission to release liabilityliability or should have been insured pursuant to the terms of the lease. Each party shall promptly notify the other if a waiver of subrogation or other release of liability is not commercially available. Nothing contained in this Section 7.03 shall be deemed to relieve either party of any duty imposed elsewhere in this lease Lease to repair, restore or rebuild or to nullify any abatement of rents provided for elsewhere in this leaseLease.

Subrogation Waiver. Landlord and Tenant shall each include in each of its insurance policies (insuring the Demised Premises Building in case of Landlord, and insuring any Alterations and Tenant’s Property, Fixtures and Improvements and Betterments Personal Property in the case of Tenant, against loss, damage or destruction by fire or other casualty) a waiver of the insurer’s right of subrogation against the other party during the Term or a renewal thereof or, if such waiver should be unobtainable or unenforceable: , (a) an express agreement that such policy shall not be invalidated if the assured insured waives the right of recovery against any party responsible for a casualty covered by the policy before the casualty; or casualty or (b) any other form of permission for the release of the other party. Each party hereby releases the other party with respect to any claim (including a claim for negligence) which it might otherwise have against the other party for loss, damage or destruction with respect to its property occurring during the Term or a renewal thereof to the extent to which it is, or is required to be, insured under a policy or policies containing a waiver of subrogation or permission to release liability. Nothing contained in this Section 7.03 17.C. shall be deemed to relieve either party of any duty imposed elsewhere in this lease Lease to repair, restore or rebuild or to nullify any abatement of rents provided for elsewhere in this leaseLease.

Subrogation Waiver. Landlord and Tenant shall each include in each of its insurance policies (insuring the Demised Premises Project in case of Landlord, and insuring Tenant’s Property, Fixtures and Improvements and Betterments in the case of Tenant, against loss, damage or destruction by fire or other casualty) a waiver of the insurer’s right of subrogation against the other party during the Term or a renewal thereof or, if such waiver should be unobtainable or unenforceable: , (a) an express agreement that such policy shall not be invalidated if the assured waives the right of recovery against any party responsible for a casualty covered by the policy before the casualty; or casualty or (b) any other form of permission for the release of the other party. Each party hereby releases the other party with respect to any claim (including a claim for negligence) which it might otherwise have against the other party for loss, damage or destruction with respect to its property occurring during the Term or a renewal thereof to the extent to which it is, or is required to be, insured under a policy or policies containing a waiver of subrogation or permission to release liability. Nothing contained in this Section 7.03 shall be deemed to relieve either party of any duty imposed elsewhere in this lease Lease to repair, restore or rebuild or to nullify any abatement of rents provided for elsewhere in this leaseLease.

Subrogation Waiver. Landlord and Tenant shall each include in each of its insurance policies (insuring the Demised Premises Building in case of Landlord, and insuring Tenant’s Property, Property and Fixtures and Improvements and Betterments in the case of Tenant, against loss, damage or destruction by fire or other casualty) a waiver of the insurer’s right of subrogation against the other party during the Term or a renewal thereof or, if such waiver should be unobtainable or unenforceable: , (a) an express agreement that such policy shall not be invalidated if the assured waives the right of recovery against any party responsible for a casualty covered by the policy before the casualty; or casualty or (b) any other form of permission for the release of the other party. Each party hereby releases the other party with respect to any claim (including a claim for negligence) which that it might otherwise have against the other party for loss, damage or destruction with respect to its property occurring during the Term or a renewal thereof to the extent to which it is, or is required to be, insured under a policy or policies containing a waiver of subrogation or permission to release liability. Nothing contained in this Section 7.03 shall be deemed to relieve either party of any duty imposed elsewhere in this lease Lease to repair, restore or rebuild or to nullify any abatement of rents provided for elsewhere in this leaseLease.

Subrogation Waiver. Landlord and Tenant shall each include in each of its insurance policies (insuring the Demised Premises in case of Landlord, and insuring Tenant’s Property, Fixtures and Improvements and Betterments in the case of Tenant, against loss, damage or destruction by fire or other casualty) a waiver of the insurer’s right of subrogation against the other party during the Term or a renewal thereof or, if such waiver should be unobtainable or unenforceable: (a) an express agreement that such policy shall not be invalidated if the assured waives the right of recovery against any party responsible for a casualty covered by the policy before the casualty; or (b) any other form of permission for the release of the other party. Each party hereby releases the other party with respect to any claim (including a claim for negligence) which it might otherwise have against the other party for loss, damage or destruction with respect to its property occurring during the Term or a renewal thereof to the extent to which it is insured under a policy or policies containing a waiver of subrogation or permission to release liability. Nothing contained in this Section 7.03 shall be deemed to relieve either party of any duty imposed elsewhere in this lease Lease to repair, restore or rebuild or to nullify any abatement of rents provided for elsewhere in this leaseLease.