Common use of Waiver of Claims; Waiver of Subrogation Clause in Contracts

Waiver of Claims; Waiver of Subrogation. Each Party hereto hereby waives any and all claims for recovery which such Party or anyone claiming through such Party may have against the other Party hereto (or such other Party’s officers, agents or employees) for or with respect to any loss of or damage to such waiving Party’s property which is (i) insured under valid insurance policies, to the extent of any recovery actually collectible under such insurance policies, or (ii) required by this Agreement to be insured, to the extent any recovery would be collectible if such insurance policies were obtained and maintained as required by this Agreement, whether or not such loss or damage is caused by the negligence of such other Party or such other Party’s agents, employees or contractors or of any other person or persons for whose actions such other Party may be responsible or liable. SMEP and Sellers each agree to obtain from the insurance companies providing its insurance applicable hereto permission to allow SMEP and Sellers to waive their respective insurance companies’ rights of subrogation. SMEP and Sellers shall each provide to the other written proof of the waiver of said claims by said insurance companies.

Appears in 2 contracts

Samples: Terminal Access and Use Agreement (SemGroup Energy Partners, L.P.), Terminal Access and Use Agreement (SemGroup Energy Partners, L.P.)

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Waiver of Claims; Waiver of Subrogation. Each Party party hereto hereby waives any and all claims for recovery which such Party party or anyone claiming through such Party party may have against the other Party party hereto (or such other Party’s party's officers, agents or employees) for or with respect to any loss of or damage to such waiving Party’s party's property which that is (i) insured under valid insurance policies, to the extent of any recovery actually collectible under such insurance policies, or (ii) required by this Agreement Lease to be insured, to the extent any recovery would be collectible if such insurance policies were obtained and maintained as required by this AgreementLease, whether or not such loss or damage is caused by the negligence of such other Party party or such other Party’s party's agents, employees employees, subtenants, concessionaires or contractors licensees or of any other person or persons for whose actions such other Party party may be responsible or liable. SMEP Landlord and Sellers Tenant each agree to obtain from the insurance companies providing its insurance applicable hereto permission to allow SMEP Landlord and Sellers Tenant to waive their respective insurance companies' rights of subrogation. SMEP Landlord and Sellers Tenant shall each provide to the other written proof of the waiver of said claims by said insurance companies.

Appears in 1 contract

Samples: Equipment Site Lease Agreement (Commercial Net Lease Realty Inc)

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Waiver of Claims; Waiver of Subrogation. Each Party hereto hereby waives any and all claims for recovery which such Party or anyone claiming through such Party may have against the other Party hereto (or such other Party’s officers, agents or employees) for or with respect to any loss of or damage to such waiving Party’s property which is (i) insured under valid insurance policies, to the extent of any recovery actually collectible under such insurance policies, or (ii) required by this Agreement to be insured, to the extent any recovery would be collectible if such insurance policies were obtained and maintained as required by this Agreement, whether or not such loss or damage is caused by the negligence of such other Party or such other Party’s agents, employees or contractors or of any other person or persons for whose actions such other Party may be responsible or liable. SMEP and Sellers SemMaterials each agree to obtain from the insurance companies providing its insurance applicable hereto permission to allow SMEP and Sellers SemMaterials to waive their respective insurance companies’ rights of subrogation. SMEP and Sellers SemMaterials shall each provide to the other written proof of the waiver of said claims by said insurance companies.

Appears in 1 contract

Samples: Access and Use Agreement (SemGroup Energy Partners, L.P.)

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