Common use of Waiver of Right of Recovery Clause in Contracts

Waiver of Right of Recovery. To the extent that any loss or damage to the Premises, the Building, the Project, any building, structure or other tangible property, or resulting loss of income, or losses under workers’ compensation laws and benefits, are covered by insurance, neither party shall be liable to the other party or to any insurance company insuring the other party (by way of subrogation or otherwise), even though such loss or damage might have been occasioned by the negligence of such party, its agents or employees; provided, however, that if, by reason of the foregoing waiver, either party shall be unable to obtain any such insurance, then such waiver shall be deemed not to have been made by such party. Notwithstanding the foregoing, in the event that such waiver of subrogation shall not be available to the Tenant except through the payment of additional premium therefor, the Tenant shall pay such additional premium.

Waiver of Right of Recovery. To the extent that any loss or damage to the Premises, the Building, Building the ProjectProperty, any building, structure or other tangible property, or resulting loss of income, or losses under workers’ ' compensation laws and benefits, are covered by insurance, neither party shall be liable to the other party or to any insurance company insuring the other party (by way of subrogation or otherwise), even though such loss or damage might have been occasioned by the negligence of such party, its agents or employees; provided, however, that if, by reason of the foregoing waiver, either party shall be unable to obtain any such insurance, then such waiver shall be deemed not to have been made by such party. Notwithstanding the foregoing, in the event that such waiver of subrogation shall not be available to the Tenant either party except through the payment of additional premium therefor, the Tenant other party shall pay such additional premium.

Waiver of Right of Recovery. To the extent that any loss or --------------------------- damage to the Premises, the Building, Building the ProjectProperty, any building, structure or other tangible property, or resulting loss of income, or losses under workers’ ' compensation laws and benefits, are covered by insurance, neither party shall be liable to the other party or to any insurance company insuring the other party (by way of subrogation or otherwise), even though such loss or damage might have been occasioned by the negligence of such party, its agents or employees; provided, however, that if, by reason of the foregoing waiver, either party shall be unable to obtain any such insurance, then such waiver shall be deemed not to have been made by such party. Notwithstanding the foregoing, in In the event that such waiver of subrogation shall not be available to the Tenant either party except through the payment of additional premium therefor, the Tenant party requesting the waiver shall pay such additional premium.