Common use of Waiver of Claims and Subrogation Clause in Contracts

Waiver of Claims and Subrogation. LESSEE hereby releases LESSOR -------------------------------- from any and all liability or responsibility to LESSEE or anyone claiming through or under it by way of subrogation or otherwise for any loss or damage to the Building and Premises, or to the contents of or personal property located in the Building or Premises caused by fire, theft, water or any other casualty, whether or not said loss or damage may have been the result of the negligence of LESSOR, its agents or employees, other lessees or persons or the result of any other cause. LESSEE agrees to obtain whatever personal property or contents insurance is sufficient or appropriate to protect its property against all of the foregoing losses or damage, including but not limited to fire insurance, with extended coverage, vandalism and malicious mischief, theft and mysterious disappearance endorsements and water and sprinkler damage insurance, LESSEE shall deposit with LESSOR the appropriate policy or certificate evidencing the existence of such insurance, LESSEE agrees to have any and all such insurance coverage or any and all material damage insurance which may be carried endorsed with the following subrogation clause: "This insurance shall not be invalidated should the insured waive in writing prior to a loss any or all right of recovery against any party for loss occurring to the property described herein." LESSOR hereby releases LESSEE from any and all liability or responsibility to LESSOR or anyone claiming through or under it by way of subrogation or otherwise for any loss or damage to the building and premises or to the contents of or personal property located in the building and premises caused by fire, theft, water or any other casualty whether or not said loss or damage may have been the result of negligence of LESSEE, its agents, or employees, other Lessees or persons or the result of any other cause LESSOR shall obtain the same endorsement as provided above. The foregoing release of liability and waiver of the right of subrogation shall not be operative in any case where the effect is to invalidate insurance coverage.

Waiver of Claims and Subrogation. LESSEE Anything in this Lease to the contrary notwithstanding, Landlord and Tenant each hereby releases LESSOR -------------------------------- from waives any and all liability rights of recovery, claim, action or responsibility to LESSEE cause-of-action, against the other, its agents (including partners, both general and limited), officers, directors or anyone claiming through or under it by way of subrogation or otherwise representatives, for any loss or damage that may occur to the Building and Premises, or to any Improvements therein, or the contents Building of which the Premises are a part, or any Improvements therein, or any personal property located in the Building or Premises caused of such party therein, by reason of fire, theft, water the elements or any other casualtycause which are, whether or not said loss are required by this Lease to be, insured against under a policy(ies) containing a waiver of subrogation or damage may have been permission to release liability, including the result amount of any insurance deductible, notwithstanding the negligence of LESSORLandlord or any Landlord Party or Tenant or any Tenant Party (as applicable). If either party fails to carry the insurance or its insurance carrier denies coverage or becomes insolvent, its agents or employees, other lessees or persons or the result of any other cause. LESSEE agrees to obtain whatever personal property or contents insurance release and waiver set forth hereinabove shall nonetheless remain in full force and effect if the damage is sufficient or appropriate to protect its property against all of the foregoing losses or damage, including but not limited to fire insurance, with extended coverage, vandalism type that would be covered by typical insurance covered by landlords and malicious mischief, theft tenants of Comparable Buildings. Each of Landlord and mysterious disappearance endorsements and water and sprinkler damage insurance, LESSEE Tenant shall deposit with LESSOR have the appropriate policy or certificate evidencing the existence of such insurance, LESSEE agrees to have any and all such insurance coverage or any and all material damage insurance which may be carried policies required under this Lease endorsed with a waiver of subrogation clause whereby the following insurance provider’s right of subrogation clause: "This insurance is waived with respect to the other party hereto, or, if such waiver should be unobtainable or unenforceable, (a) an express agreement that such policy shall not be invalidated should if the insured waive in writing prior to a loss any or all waives the right of recovery against any party responsible for loss occurring to a casualty covered by the property described herein." LESSOR hereby releases LESSEE from any and all liability policy before the casualty or responsibility to LESSOR or anyone claiming through or under it by way of subrogation or otherwise for any loss or damage to the building and premises or to the contents of or personal property located in the building and premises caused by fire, theft, water or (b) any other casualty whether or not said loss or damage may have been form of permission for the result of negligence of LESSEE, its agents, or employees, other Lessees or persons or the result of any other cause LESSOR shall obtain the same endorsement as provided above. The foregoing release of liability and waiver of the right of subrogation shall not be operative in any case where the effect is to invalidate insurance coverageother party.

Waiver of Claims and Subrogation. LESSEE Notwithstanding anything in this Lease to the contrary, Lessor and Lessee hereby releases LESSOR -------------------------------- from waive any and all liability rights of recovery, claim, action or responsibility cause of action, against the other party and its agents (including Lessor’s property manager), officers, partners and employees, for any loss or damage that may occur to LESSEE the Premises, or anyone claiming through any improvements thereto, or the Building, or any improvements thereto, or any personal property of such party in the Premises or the Building, or on the grounds of the Property, by reason of fire, the elements, or any other cause which is caused by or results from a risk which is insured against or was required to have been insured against under it the terms of Section 15 hereof (to the required limits stated therein) or which would normally be covered by way “special form” property insurance, regardless of subrogation cause or otherwise origin, including negligence of the other party hereto, its agents, officers, partners or employees , and each party shall cause such insurance policies to contain provisions or endorsements wherein such insurer waives its right of recovery against such parties. All of Lessor’s and Lessee’s repair, restoration and indemnity LESSOR’S INITIALS: LESSOR’S INITIALS: obligations under this Lease shall be subject to the foregoing waiver. Lessee also waives, releases and relinquishes any and all recoveries, claims, actions, causes of action or rights of recovery against Lessor, its property manager, and their respective agents, employees, officers, partners and affiliates, for any loss or damage to the Building and Premises, Lessee’s business (including loss of profit or revenue) arising from casualty events to the contents of or personal property located in the Building or Premises caused by fire, theft, water or any other casualtyproperty of Lessee on the Property to the extent such loss could have been covered by a business interruption insurance policy covering full loss of Lessee’s business from any casualty event for a period of twelve months, whether or not said loss or damage may have been the result of arising from the negligence of LESSORLessor or such other released parties, its agents or employees, other lessees or persons or the result and Lessee further covenants and warrants to Lessor that no insurance company issuing Lessee a policy of business interruption insurance shall have any rights of subrogation against Lessor by reason of any other cause. LESSEE agrees to obtain whatever personal property or contents insurance is sufficient or appropriate to protect its property against all of the foregoing losses or damage, including but not limited to fire insurance, with extended coverage, vandalism and malicious mischief, theft and mysterious disappearance endorsements and water and sprinkler damage insurance, LESSEE shall deposit with LESSOR the appropriate policy or certificate evidencing the existence of such insurance, LESSEE agrees to have any and all such insurance coverage or any and all material damage insurance which may be carried endorsed with the following subrogation clause: "This insurance shall not be invalidated should the insured waive in writing prior to a loss any or all right of recovery against any party for loss occurring to the property described herein." LESSOR hereby releases LESSEE from any and all liability or responsibility to LESSOR or anyone claiming through or under it by way of subrogation or otherwise for any loss or damage to the building and premises or to the contents of or personal property located in the building and premises caused by fire, theft, water or any other casualty whether or not said loss or damage may have been the result of negligence of LESSEE, its agents, or employees, other Lessees or persons or the result payment of any other cause LESSOR shall obtain the same endorsement as provided above. The foregoing release of liability and waiver of the right of subrogation shall not be operative in any case where the effect is to invalidate insurance coveragesuch claim made thereon by Lessee.

Waiver of Claims and Subrogation. LESSEE Notwithstanding anything in this Lease to the contrary, Lessor and Lessee each hereby releases LESSOR -------------------------------- from waives any and all liability rights of recovery, claim, action or responsibility cause of action, against the other, its agents (including Lessors property manager), officers and employees, for any loss or damage that may occur to LESSEE the Premises, or anyone claiming through any improvements thereto, or the Building, or any improvements thereto, or any personal property of such party in the Premises or the Building, or on the grounds of the Property, by reason of fire, the elements, or any other cause which is or was required to have been insured against under it by way the terms of Sections 31 and 32 hereof, regardless of cause or origin, including negligence of the other party hereto, its agents, officers or employees (but excluding willful acts of misconduct), and each covenants that no insurer of any such loss shall hold any right of subrogation against such other party. In respect to Lessors waiver, such waiver shall be effective only to the extent of insurance proceeds received or otherwise receivable pursuant to any such policy. To the extent of any excess loss or any deductible amount, recovery against Lessee is not hereby waived and released. Lessee also waives, releases and relinquishes any and all recoveries, claims, actions, causes of action or rights of recovery against Lessor, its property manager, and their respective agents, employees, officers and affiliates, for any loss or damage to the Building and Premises, Lessees business (including loss of profit or revenue) arising from casualty events to the contents of or personal property located in the Building or Premises caused by fire, theft, water or any other casualtyproperty of Lessee on the Property to the extent of the required coverage of Lessees business interruption insurance, whether or not said loss or damage may have been the result of arising from the negligence of LESSORLessor or such other released parties, its agents or employees, other lessees or persons or the result and Lessee further covenants and warrants to Lessor that no insurance company issuing Lessee a policy of business interruption insurance shall have any rights of subrogation against Lessor by reason of any other cause. LESSEE agrees to obtain whatever personal property or contents insurance is sufficient or appropriate to protect its property against all of the foregoing losses or damage, including but not limited to fire insurance, with extended coverage, vandalism and malicious mischief, theft and mysterious disappearance endorsements and water and sprinkler damage insurance, LESSEE shall deposit with LESSOR the appropriate policy or certificate evidencing the existence of such insurance, LESSEE agrees to have any and all such insurance coverage or any and all material damage insurance which may be carried endorsed with the following subrogation clause: "This insurance shall not be invalidated should the insured waive in writing prior to a loss any or all right of recovery against any party for loss occurring to the property described herein." LESSOR hereby releases LESSEE from any and all liability or responsibility to LESSOR or anyone claiming through or under it by way of subrogation or otherwise for any loss or damage to the building and premises or to the contents of or personal property located in the building and premises caused by fire, theft, water or any other casualty whether or not said loss or damage may have been the result of negligence of LESSEE, its agents, or employees, other Lessees or persons or the result payment of any other cause LESSOR shall obtain the same endorsement as provided above. The foregoing release of liability and waiver of the right of subrogation shall not be operative in any case where the effect is to invalidate insurance coveragesuch claim made thereon by Lessee.