Waiver and Subrogation. Landlord and Tenant hereby waive to each other all rights of subrogation which any insurance carrier, or either of them, may have as to the Landlord or Tenant by reason of any provision in any policy of insurance issued to Landlord or Tenant, provided such waiver does not thereby invalidate the policy of insurance.
Waiver and Subrogation. Subordinated Lender hereby waives and agrees not to assert against Senior Lender any rights which a guarantor or surety of debt of Borrower might assert. Notwithstanding the immediately preceding sentence, nothing in this Agreement shall cause Subordinated Lender to be deemed or treated as a guarantor or surety. Subordinated Lender shall be subrogated, to the extent of any amounts required to be paid over to Senior Lender pursuant to the terms of this Agreement, to all rights of Senior Lender to receive any payments or distributions applicable to the Senior Debt.
Waiver and Subrogation. Each Subordinated Lender hereby waives and agrees not to assert against Senior Lender any rights which a guarantor or surety of Debt of Borrower could assert. Notwithstanding the immediately preceding sentence, nothing in this Agreement shall cause the Subordinated Lenders to be deemed or treated as a guarantor or surety. Subordinated Lenders shall be subrogated, to the extent of any amounts required to be paid over to Senior Lender pursuant to the terms of this Agreement, to all rights of Senior Lender to receive any payments or distributions applicable to the Senior Debt; provided that no Subordinated Lender may enforce such rights until all of the Senior Debt has been paid in full and the Credit Agreement has been irrevocably terminated.
Waiver and Subrogation. Contractor shall, and shall require all Suppliers to, waive all rights of recovery, including subrogation, and whether because of deductible or self- insured retention clauses, inadequacy of limits of any insurance policy, insolvency of any insurer, limitation or exclusions of coverage, and all insurance policies obtained by Contractor or any Supplier under Appendix MM, shall include a waiver of subrogation in favor of Owner, the Common Facilities Owner and the other members of the Owner Indemnified Parties. Such waiver of subrogation shall include any and all rights of recovery whether based in equity, common law or by contract, and shall provide that it shall be effective to the maximum extent allowed by Applicable Laws as to any Person, even if such Person: (a) would otherwise have a duty of indemnification, contractual or otherwise; (b) did not pay the insurance premium directly or indirectly; or (c) does not have an insurable interest in the property damaged. Without limiting the foregoing, Contractor shall require all insurance policies (including policies of Contractor and all Suppliers) in any way relating to the Construction Equipment to include all such waivers as described in this Section 16.4.
Waiver and Subrogation. Landlord and Tenant agree that any and all insurance which is required to be carried under Section 14 shall be endorsed with a subrogation clause, substantially as follows: "This insurance shall not be invalidated should the insured waive, in writing, prior to a loss, any and all right of recovery against any party for loss occurring to the property described herein." Each party waives all claims for recovery from the other party, its officers, agents or employees for any loss or damage (whether or not such loss or damage is caused by negligence of the other party, and notwithstanding any provisions contained in this Lease to the contrary) to any of its real or personal property insured under valid and collectible insurance policies to the extent of the collectible recovery under the insurance.
Waiver and Subrogation. Lessor and Tenant hereby waive to each other all rights of subrogation which any insurance carrier, or either of them, may have as to the Lessor or Tenant by reason of any provision in any policy of insurance issued to Lessor or Tenant, provided such waiver does not thereby invalidate the policy of insurance.
Waiver and Subrogation. Buyer irrevocably waives, with respect to the existence, payment, performance or enforcement of Buyer’s obligations under this Guarantee, promptness, diligence, grace, presentment, demand, notice of non-performance, default, dishonor and protest and any notice not provided for herein. Buyer shall be subrogated to all rights of Xxxxx TEC and BorgWarner in respect of any amounts paid by Buyer pursuant to the provisions of this Guarantee; provided, however, that it shall not be entitled to enforce or to receive any payments arising out of or based upon such right of subrogation if any obligations subject to the Buyer Guarantee have not been fully paid, satisfied or discharged. If any amount is paid to Buyer on account of subrogation rights under this Guarantee in violation of this Section 5, such amount shall be held in trust for the benefit of Xxxxx TEC or BorgWarner, as applicable, to be credited and applied to such unsatisfied obligations.
Waiver and Subrogation. In addition to all other waivers of liability contained in this Lease, Landlord and Tenant do each hereby release and relieve the other from and waive any claim of recovery for any loss or damage to the real or personal property of either located anywhere in the Property, arising out of or incident to the occurrence of any of the perils covered by their respective casualty insurance policies or arising out of perils required to be covered by insurance pursuant to the terms of this Lease. Under no circumstances whatsoever shall Landlord or Tenant or any officer, director or member of Landlord or any affiliate, agent or employee of any of the foregoing be liable to Tenant for any losses or damages suffered as a result of business interruption, lost profits or other consequential damages to Tenant, whether or not the same are a result of any negligent act or omission to act on the part of Landlord or any such other party. Tenant undertakes such risks and shall be solely responsible at its own cost for providing its own business interruption and other insurance in amounts which Tenant deems necessary or desirable. Any insurance policy shall expressly permit such a release or contain a waiver of any rights of such insurer against Landlord and Tenant and such other persons.
Waiver and Subrogation. Subordinated Lender hereby waives and agrees not to assert against Senior Lender any Rights that a guarantor or surety of any Debt of Borrower could assert. Notwithstanding the immediately preceding sentence, nothing in this Agreement shall cause Subordinated Lender to be deemed or treated as a guarantor or surety. Subordinated Lender shall be subrogated, to the extent of any amounts owing to Subordinated Lender but required to be paid over to Senior Lender by Subordinated Lender pursuant to the terms of this Agreement, to all Rights of Senior Lender to receive any payments or distributions applicable to the Senior Debt; provided, that Subordinated Lender may not enforce such Rights until all of the Senior Debt has been paid in full in cash and all of Senior Lender’s commitments to extend credit under the Senior Debt Documents have terminated. Subordinated Lender shall have no claim against Senior Lender for any impairment of any subrogation rights granted to Subordinated Lender.
Waiver and Subrogation. Tenant agrees to waive the right of their insurance companies to subrogate and releases Landlord from any claims for damage to any person, property, or to the premises and the building and other improvements on which the premises are located or to the fixtures, personal property, Tenant's improvements, and alterations of either Landlord or Tenant in or on the premises and the building and their improvements in which the premises are located that are caused by or result from risks insured against under any insurance policies carried by the Tenant or his insurance company. Tenant hereby further agrees to provide for a waiver and subrogation in their respective policies required under this agreement.
