Common use of Waiver of Recovery Clause in Contracts

Waiver of Recovery. 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 AND EMPLOYEES, FOR ANY LOSS OR DAMAGE THAT MAY OCCUR TO THE PREMISES, IMPROVEMENTS TO THE PROPERTY, OR PERSONAL PROPERTY WRITHIN THE PROPERTY, BY REASON OF FIRE OR THE ELEMENTS OR ANY CAUSE THAT IS, OR IS REQUIRED BY THE TERMS OF THIS LEASE TO BE INSURED AGAINST, (WHETHER OR NOT ACTUALLY INSURED) REGARDLESS OF CAUSE OR ORIGIN, INCLUDING NEGLIGENCE OF LANDLORD OR TENANT AND THEIR AGENTS, OFFICERS AND EMPLOYEES, AND STRICT LIABILITY OF ANY KIND, REGARDLESS OF THE AMOUNT OF THE PROCEEDS, IF ANY, PAYABLE UNDER SUCH INSURANCE. LANDLORD AND TENANT AGREE IMMEDIATELY TO GIVE THEIR RESPECTIVE INSURANCE COMPANIES WHICH HAVE ISSUED POLICIES OF INSURANCE COVERING ALL RISK OF DIRECT PHYSICAL LOSS, WRITTEN NOTICE OF THE TERMS OF THEMUTUAL WAIVERS CONTAINED IN THIS SECTION, AND TO HAVE THE INSURANCE POLICIES PROPERTY ENDORSED, IF NECESSARY, TO PREVENT THE INVALIDATION OF THE INSURANCE COVERAGES BY REASON OF THE MUTUAL WAIVERS.

Waiver of Recovery. ANYTHING IN THIS LEASE TO THE CONTRARY NOTWITHSTANDING, LANDLORD AND TENANT EACH HEREBY WAIVE RELEASES THE OTHER, AND RELEASE EACH OTHER OF THE OTHER’S PARTNERS, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES, FROM ANY AND ALL RIGHT LIABILITY AND RESPONSIBILITY TO THE RELEASING PARTY AND TO ANYONE CLAIMING BY OR THROUGH IT OR UNDER IT, BY WAY OF SUBROGATION OR OTHERWISE, FOR ALL RIGHTS OF RECOVERY, CLAIMACTIONS, ACTION OR CAUSE CAUSES OF ACTION, AGAINST EACH OTHERCOSTS, THEIR AGENTSEXPENSES, OFFICERS AND EMPLOYEES, FOR ANY LOSS OR DAMAGE THAT MAY OCCUR TO THE PREMISES, IMPROVEMENTS TO THE PROPERTYCLAIMS, OR PERSONAL DEMANDS WHATSOEVER WHICH ARISE OUT OF DAMAGE OR DESTRUCTION OF PROPERTY WRITHIN THE PROPERTY, OCCASIONED BY REASON OF FIRE OR THE ELEMENTS OR ANY CAUSE THAT IS, OR IS REQUIRED BY THE TERMS OF THIS LEASE TO PERILS WHICH CAN BE INSURED AGAINST, (WHETHER OR NOT ACTUALLY INSURED) BY AN ALL RISK PROPERTY INSURANCE COVERAGE FORM INCLUDING COVERAGE FOR EARTHQUAKE AND FLOOD REGARDLESS OF THE AMOUNTS OF THE PROCEEDS PAYABLE UNDER SUCH INSURANCE AND THE CAUSE OR ORIGIN, INCLUDING NEGLIGENCE OF LANDLORD THE OTHER PARTY HERETO, OR TENANT AND THEIR ITS AGENTS, OFFICERS AND OFFICERS, PARTNERS, SHAREHOLDERS, SERVANTS OR EMPLOYEES, AND STRICT LIABILITY OF ANY KIND, REGARDLESS OF THE AMOUNT OF THE PROCEEDS, IF ANY, PAYABLE UNDER SUCH INSURANCE. LANDLORD AND TENANT AGREE IMMEDIATELY TO GIVE GRANT THIS RELEASE ON BEHALF OF THEMSELVES AND THEIR RESPECTIVE INSURANCE COMPANIES WHICH HAVE ISSUED POLICIES AND EACH REPRESENTS AND WARRANTS TO THE OTHER THAT IT IS AUTHORIZED BY ITS RESPECTIVE INSURANCE COMPANY TO GRANT THE WAIVER OF INSURANCE COVERING ALL RISK OF DIRECT PHYSICAL LOSS, WRITTEN NOTICE OF THE TERMS OF THEMUTUAL WAIVERS SUBROGATION CONTAINED IN THIS SECTION, SECTION 9.03. THIS RELEASE AND TO HAVE WAIVER SHALL BE BINDING UPON THE PARTIES WHETHER OR NOT INSURANCE POLICIES PROPERTY ENDORSED, IF NECESSARY, TO PREVENT COVERAGE IS IN FORCE AT THE INVALIDATION TIME OF THE INSURANCE COVERAGES BY REASON LOSS OR DESTRUCTION OF THE MUTUAL WAIVERSPROPERTY REFERRED TO IN THIS SECTION 9.03.

Waiver of Recovery. 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 AND EMPLOYEES, FOR ANY LOSS OR DAMAGE THAT MAY OCCUR TO THE PREMISES, IMPROVEMENTS TO THE PROPERTY, OR PERSONAL PROPERTY WRITHIN WITHIN THE PROPERTY, BY REASON OF FIRE OR THE ELEMENTS OR ANY CAUSE THAT IS, OR IS REQUIRED BY THE TERMS OF THIS LEASE TO BE INSURED AGAINST, (WHETHER OR NOT ACTUALLY INSURED) REGARDLESS OF CAUSE OR ORIGIN, INCLUDING NEGLIGENCE OF LANDLORD OR TENANT AND THEIR AGENTS, OFFICERS AND EMPLOYEES, AND STRICT LIABILITY OF ANY KIND, REGARDLESS OF THE AMOUNT OF THE PROCEEDS, IF ANY, PAYABLE UNDER SUCH INSURANCE. LANDLORD AND TENANT AGREE IMMEDIATELY TO GIVE THEIR RESPECTIVE INSURANCE COMPANIES WHICH HAVE ISSUED POLICIES OF INSURANCE COVERING ALL RISK OF DIRECT PHYSICAL LOSSLOSS SUBJECT TO TERMS AND LIMITATIONS OF POLICY, WRITTEN NOTICE OF THE TERMS OF THEMUTUAL WAIVERS CONTAINED IN THIS SECTION, AND TO HAVE THE INSURANCE POLICIES PROPERTY ENDORSED, IF NECESSARY, TO PREVENT THE INVALIDATION OF THE INSURANCE COVERAGES BY REASON OF THE MUTUAL WAIVERS.

Waiver of Recovery. ANYTHING IN THIS LEASE TO THE CONTRARY NOTWITHSTANDING, LANDLORD AND TENANT EACH HEREBY WAIVE RELEASES THE OTHER, AND RELEASE EACH OTHER OF THE OTHER'S PARTNERS, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES, FROM ANY AND ALL RIGHT LIABILITY AND RESPONSIBILITY TO THE RELEASING PARTY AND TO ANYONE CLAIMING BY OR THROUGH IT OR UNDER IT, BY WAY OF SUBROGATION OR OTHERWISE, FOR ALL RIGHTS OF RECOVERY, CLAIMACTIONS, ACTION OR CAUSE CAUSES OF ACTION, AGAINST EACH OTHERCOSTS, THEIR AGENTSEXPENSES, OFFICERS AND EMPLOYEES, FOR ANY LOSS OR DAMAGE THAT MAY OCCUR TO THE PREMISES, IMPROVEMENTS TO THE PROPERTYCLAIMS, OR PERSONAL DEMANDS WHATSOEVER WHICH ARISE OUT OF DAMAGE OR DESTRUCTION OF PROPERTY WRITHIN THE PROPERTY, OCCASIONED BY REASON OF FIRE OR THE ELEMENTS OR ANY CAUSE THAT IS, OR IS REQUIRED BY THE TERMS OF THIS LEASE TO PERILS WHICH CAN BE INSURED AGAINST, (WHETHER OR NOT ACTUALLY INSURED) BY AN ALL RISK PROPERTY INSURANCE COVERAGE FORM INCLUDING COVERAGE FOR 29 37 EARTHQUAKE AND FLOOD REGARDLESS OF THE AMOUNTS OF THE PROCEEDS PAYABLE UNDER SUCH INSURANCE AND THE CAUSE OR ORIGIN, INCLUDING NEGLIGENCE OF LANDLORD THE OTHER PARTY HERETO, OR TENANT AND THEIR ITS AGENTS, OFFICERS AND OFFICERS, PARTNERS, SHAREHOLDERS, SERVANTS OR EMPLOYEES, AND STRICT LIABILITY OF ANY KIND, REGARDLESS OF THE AMOUNT OF THE PROCEEDS, IF ANY, PAYABLE UNDER SUCH INSURANCE. LANDLORD AND TENANT AGREE IMMEDIATELY TO GIVE GRANT THIS RELEASE ON BEHALF OF THEMSELVES AND THEIR RESPECTIVE INSURANCE COMPANIES WHICH HAVE ISSUED POLICIES AND EACH REPRESENTS AND WARRANTS TO THE OTHER THAT IT IS AUTHORIZED BY ITS RESPECTIVE INSURANCE COMPANY TO GRANT THE WAIVER OF INSURANCE COVERING ALL RISK OF DIRECT PHYSICAL LOSS, WRITTEN NOTICE OF THE TERMS OF THEMUTUAL WAIVERS SUBROGATION CONTAINED IN THIS SECTION, SECTION 9.03. THIS RELEASE AND TO HAVE WAIVER SHALL BE BINDING UPON THE PARTIES WHETHER OR NOT INSURANCE POLICIES PROPERTY ENDORSED, IF NECESSARY, TO PREVENT COVERAGE IS IN FORCE AT THE INVALIDATION TIME OF THE INSURANCE COVERAGES BY REASON LOSS OR DESTRUCTION OF THE MUTUAL WAIVERSPROPERTY REFERRED TO IN THIS SECTION 9.03.