Waiver of Claims; Subrogation. Notwithstanding anything to the contrary set forth hereinabove, Landlord and Tenant do hereby waive any and all claims against one another for damage to or destruction of real or personal property to the extent such damage or destruction can be covered by customary and commercially reasonable “all risks” property insurance as required under this Lease. The risk to be borne by each party shall also include the satisfaction of any deductible amounts required to be paid under such insurance, and except as expressly set forth herein, each party agrees that the other party shall not be responsible for satisfaction of such deductible. These waivers shall apply if the damage would have been covered by customary and commercially reasonable “all risks” property insurance as required under this Lease, even if the party fails to obtain such coverage. The intent of this provision is that each party shall look solely to its insurance with respect to property damage or destruction which can be covered by customary and commercially reasonable “all risks” property insurance as required under this Lease. Each property insurance policy carried by Landlord or Tenant and insuring all or any part of the Premises, including the Improvements, Alterations and changes in and to the Premises made by either of them, and Tenant's trade fixtures and contents therein, shall be written in a manner to provide that the insurance company waives all right of recovery by way of subrogation against Landlord or Tenant, as the case may be, in connection with any loss or damage to property or businesses, building and contents caused by any of the perils covered by property and extended coverage, and business interruption insurance, or for which either party may be reimbursed as a result of insurance coverage affecting any loss suffered by it.
Waiver of Claims; Subrogation. To the extent not prohibited by applicable law, Landlord and Tenant each hereby waive any and all claims and rights of recovery against the other, or against the officers, directors, employees, agents and representatives of the other, for loss damage or injury to their property (including business interruption and rent loss) sustained by such waiving party, regardless of fault or negligence and regardless of the amount of insurance proceeds collected or collectible under any insurance policies in effect; except, that nothing contained herein shall waive or limit any of Landlord’s or Tenant’s respective termination, abatement or self-help rights or remedies expressly set forth in this Lease. Landlord and Tenant each agree to give written notice of the terms of this mutual waiver to each insurance company which has issued, or in the future may issue, policies of physical damage to it, and to have said insurance policies properly endorsed to waive subrogation rights and, if necessary, to prevent the invalidation of said insurance coverage by reason of said waiver.
Waiver of Claims; Subrogation. Anything in this lease to the contrary notwithstanding, Landlord and Tenant hereby waive and release each other of and from any and all right of recovery, claim, action or cause of action, against each other, their agents, officers, employees or any party claiming by, through or under Landlord or Tenant, for any loss or damage that may occur to the Leased Premises, improvements to the Real Property, Building, Leased Premises or personal property within the Building, by reason of fire, explosion, or any other occurrence, regardless of cause or origin, INCLUDING NEGLIGENCE OF LANDLORD OR TENANT AND THEIR AGENTS, OFFICERS AND EMPLOYEES which loss or damage is (or would have been, had the insurance required by this Lease been maintained) covered by insurance. Each party covenants that no insurer shall hold any right of subrogation against such other party, and each party shall obtain any special endorsements required by its insurer to evidence compliance with the aforementioned waiver.
Waiver of Claims; Subrogation. Notwithstanding any other provision of this Lease to the contrary, Landlord and Tenant, and anyone claiming by, through or under Landlord or Tenant as a result of a right of subrogation or otherwise, hereby release and discharge the other from any and all claims and damages whatsoever resulting from or arising out of any fire or other casualty to the Shopping Center to the extent such claims or damage are covered by insurance.
Waiver of Claims; Subrogation. Each of Landlord and Tenant hereby releases the other from any and all liability or responsibility to the other or anyone claiming through or under it by way of subrogation or otherwise for any loss or damage that may occur to the Leased Premises or any improvement thereto, or the Structure or any improvements thereto, or any property of such party therein, by reason of fire or any other cause which could be insured against under the terms of standard fire and extended coverage (all-risk) insurance policies, regardless of cause or origin, including fault or negligence of the other party hereto, or anyone for whom such party may be responsible. Each party shall cause each insurance policy obtained by it to provide that the insurer waives all right of recovery by way of subrogation against either party hereto in connection with damage covered by such policy. The releases in this Paragraph will be effective whether or not the loss was actually covered by insurance. Tenant assumes all risk of loss or damage of Tenant's property or leasehold improvements within the Leased Premises, including any loss or damage caused by water leakage, fire, windstorm, explosion, theft, act of any other tenant, or other cause. Landlord will not be liable to Tenant, or its employees, for loss of or damage to any property in or at the Leased Premises or the Structure.
Waiver of Claims; Subrogation. Landlord and Tenant hereby waive all ----------------------------- causes and rights of recovery against each other, their agents, officers and employees for any loss occurring to the real or personal property of Landlord or Tenant, regardless of cause or origin, to the extent of any recovery from any policy(s) of insurance. Landlord and Tenant agree that any policies presently existing or obtained on or after the date hereof (including renewals of present policies) shall include a clause or endorsement to the effect that any such release shall not adversely affect or impair said policies or prejudice the right of the insured to recover thereunder.
Waiver of Claims; Subrogation. Notwithstanding anything to the contrary contained herein, Beacon and Owner each hereby waives all rights of recovery, claims and causes of action that it may have against the other (and such other party’s officers, directors, agents, employees, contractors and representatives) for damages that are actually covered by its property insurance or that would have been covered had it maintained the property insurance required under this Agreement; provided the foregoing waiver shall not apply if it would have the effect of invalidating, but only to the extent of such effect, any insurance coverage of Owner or Beacon. If possible on commercially reasonable terms, Owner and Beacon shall cause the insurers issuing their property insurance to waive all of their subrogation rights against the other party, and each party shall supply the other with appropriate evidence confirming that such waiver is in effect. The terms of this subsection shall be applicable as of the Effective Date and survive the expiration or earlier termination of this Agreement. For the purposes of this subsection, each party shall be deemed to be insured against losses and damages that are within the deductible of any of its insurance policies.
Waiver of Claims; Subrogation. Notwithstanding any provision of this Sublease to the contrary, Ultrak and Pittway each hereby waives any and all rights of recovery, claim, action or cause of action, against the other and against Landlord, their agents (including partners, both general and limited), officers, directors, shareholders or employees, for any loss or damage that may occur to the Subleased Premises, or any improvements thereto, or the Building, or any improvements thereto, or any property of such party therein, by reason of fire, the elements, or any other cause which are 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, officers or employees, and each covenants that its insurers will hold no right of subrogation against such other party.
Waiver of Claims; Subrogation. Notwithstanding anything in this Lease to the contrary, neither Landlord nor Tenant shall be liable to the other for, and each expressly waives claims against the other for, loss arising out of damage or destruction of the Premises or other property, or personal property or contents therein if such damage or destruction is caused by a peril included within a standard form of fire insurance policy, with full extended coverage endorsement added, as from time to time issued in Minnesota. Such absence of liability shall exist whether or not the damage or destruction is caused by the negligence of Landlord or Tenant, or their respective officers, employees, agents or customers. It is the intention and agreement of Landlord and Tenant that each party shall look to its insurer for reimbursement of any such loss, and the insurer involved shall have no subrogation rights against the other party. Each party shall advise its insurance company of this release and such policy shall, if necessary, contain a waiver of any right of subrogation by the insurer against the other party.
Waiver of Claims; Subrogation. To the extent permitted under their policies of insurance and applicable law, Owner and County agree that regarding any loss or claim that is covered by insurance then carried by either Owner or County: (a) the party carrying such insurance and suffering such loss releases the other party of and from any and all claims regarding such loss to the extent of the insurance proceeds paid with respect thereto and specifically excepting from such release any deductible required to be paid; and (b) their respective insurance companies shall have no right of subrogation against the other or their respective agents, contractors, employees, licensees, or invitees on account thereof.
