Common use of WAIVER OF CLAIMS BY LANDLORD Clause in Contracts

WAIVER OF CLAIMS BY LANDLORD. Landlord shall procure and keep in effect at all times during the Term of this Lease, special form fire and extended coverage insurance, with coverage equal to the full replacement value of the Building and other improvements (excluding the Boat Ramp Area), including the Tenant Improvements provided by the Landlord, arising out of casualty covered by such insurance or liability to others. All fire and extended coverage insurance and commercial general liability insurance policies which may be carried by Landlord with respect to the Building or the property of Landlord located therein shall contain or be endorsed with a clause permitting waiver of rights of recovery prior to a loss and waiving all rights of subrogation against Tenant, so long as such a clause is available. Notwithstanding any term herein to the contrary, Landlord waives all claims for recovery from Tenant for any loss or damage to the Building or the property of Landlord located therein to the extent such loss is or could have been covered by valid, commercially available and collectible special form fire and extended coverage insurance policies and commercial general liability insurance policies in standard form containing a waiver of subrogation endorsement, regardless of the cause thereof, including Tenant's negligence. Tenant shall remain liable to Landlord for the cost of repairing any damage to the Leased Premises, Building or Common Areas, or other property of Landlord to the extent caused or contributed to by the negligence or intentional misconduct of Tenant, or its subtenants, agents, employees or invitees, or Tenant’s breach of this Lease, but only to the extent that such damage is not insured by Landlord and would not be insured by Landlord under the special form fire and extended coverage insurance policies and commercial general liability insurance policies required hereunder. Any expense to Landlord in obtaining such waiver of subrogation endorsement, together with the underlying premiums for such insurance, shall be included as an element of the Operating Costs of the Building.

WAIVER OF CLAIMS BY LANDLORD. Landlord shall procure and keep in effect at all times during the Term term of this Lease, special form Lease fire and extended coverage insurance, with coverage equal to the full replacement value of insurance on the Building and other improvements (excluding the Boat Ramp Area), including the Tenant Improvements provided by the Landlord, in such amounts as Landlord deems necessary to effectively protect itself against loss to its property arising out of casualty covered by such insurance or liability to othersinsurance. All fire and extended coverage insurance and commercial general liability insurance policies which may be carried by Landlord with respect to the Building or the property of Landlord located therein shall contain or be endorsed with a clause permitting waiver of rights of recovery prior to a loss and waiving all rights of subrogation against Tenant, so long as such a clause is available. Notwithstanding any term herein to the contrary, Landlord hereby waives all claims for recovery from and releases Tenant and, Its agents and employees for any loss or damage to the Building or the property of Landlord located therein to the extent such loss is or could have been covered by valid, commercially available valid and collectible special form fire and extended coverage insurance policies and commercial general liability insurance policies in standard form containing a waiver of subrogation endorsement, regardless ; it being the intent of the cause thereofparties hereto to assign the entire risk of loss arising out of damage to the Building or the property of Landlord to Landlord or to Landlord's insurance carrier pursuant to such policies of insurance. However, including Tenant's negligence. Tenant shall remain liable to Landlord for the cost of repairing any damage to the Leased Premises, Building or Common Areasthe Building, or other the property of Landlord to the extent which is caused or contributed to by the negligence act or intentional misconduct omission of Tenant, or its subtenants, agents, employees or invitees, or Tenant’s breach of this Lease, but only invitees to the extent that such damage is not insured by Landlord and would not be insured or insurable by Landlord under the special form standard fire and extended coverage insurance policies and commercial general policies, or to the extent that Tenant's liability insurance policies required hereunderfor such damage is not waivable under any such waiver of subrogation provision or endorsement. Any expense to Landlord in obtaining such waiver of subrogation endorsement, together with the underlying premiums for such insurance, shall be deemed to be included as an element in the operating expenses defined in Article IV of the Operating Costs of the Buildingthis Lease.

WAIVER OF CLAIMS BY LANDLORD. Landlord shall procure and keep in effect at all times during the Term of this Lease, special form fire and extended coverage insurance, with coverage equal to the full replacement value of insurance on the Building and other improvements (excluding the Boat Ramp Area), including the Tenant Improvements provided by the Landlord, in such amounts as Landlord deems necessary effectively to protect itself against loss to its property arising out of casualty covered by such insurance or liability to othersinsurance. All fire and extended coverage insurance and commercial general liability insurance policies which may be carried by Landlord with respect to the Building or the its property of Landlord located therein shall contain or be endorsed with a clause permitting waiver of rights of recovery prior to a loss and waiving all rights of subrogation against Tenant, so long as such a clause is available. Notwithstanding any term herein to the contrary, Landlord hereby waives all claims for recovery from Tenant and releases Tenant, and its agents, contractors, employees, invitees and visitors, for any loss or damage to the Building or the Landlord’s property of Landlord located therein therein, to the extent such loss or damage is or could have been covered insured by valid, commercially available valid and collectible special form fire and extended coverage insurance policies and commercial general liability insurance policies in standard form containing a waiver of subrogation provision or endorsement, regardless it being the parties’ intent to assign the risk of loss arising out of damage to the cause thereofBuilding or Landlord’s property located therein to Landlord or its insurance carrier to the maximum extent possible. However, including Tenant's negligence. Tenant shall remain liable to Landlord for the cost of repairing any damage to the Leased Premises, the Building or Common Areas, or other Landlord’s property of Landlord to the extent located therein caused or contributed to by the negligence or intentional misconduct of Tenant’s, or its subtenantsagent’s, agentscontractor’s, employees employee’s, invitee’s or inviteesvisitor’s, act or Tenant’s breach of this Leaseomission, but only to the extent that such damage is not insured by Landlord and would not be insured or insurable by Landlord under the special form standard fire and extended coverage insurance policies and commercial general policies, or Tenant’s, or its agent’s, contractor’s, employee’s, invitee’s or visitor’s, liability insurance policies required hereunderfor such damage is not waived or waivable under such a waiver of subrogation provision or endorsement. Any expense to Landlord in obtaining such a waiver of subrogation provision or endorsement, together with the underlying premiums for such insurance, shall be deemed to be included as an element of the in Operating Costs of the BuildingCost.