Common use of Waiver of Right of Recovery Clause in Contracts

Waiver of Right of Recovery. Notwithstanding anything in this Lease to the contrary, Landlord and Tenant for themselves and any and all Parties claiming under or through them, including without limitation their respective insurers, hereby mutually release, discharge, and waive against each other and their respective officers, directors, partners, members, employees, agents and affiliates any claims for loss or damage to any person or to the Demised Premises, Building, Common Areas, Land, and improvements, fixtures, equipment and any other personal property of either party that are caused by or result from risks insured against under any insurance policies carried by Landlord or Tenant and in force at the time of such damage and hereby waive any right of subrogation which might otherwise exist in or accrue to any person on account thereof even though such loss or damage was caused by the act, omission, fault, negligence or misconduct of Landlord or Tenant and their respective employees, agents, contractors, invitees, or guests. Landlord and Tenant agree to obtain and maintain throughout the Term of the Lease endorsements to their respective “Special Causes of Loss” or “All Risk” coverage policies waiving the right of recovery or subrogation of their insurance companies against the other party and its agents and employees. Except to the extent expressly provided herein, nothing contained in this Lease shall relieve Landlord or Tenant of any liability to each other or to their insurance carriers which Landlord or Tenant may have under law or the provisions of this Lease in connection with any damage to the Demised Premises, Building, Common Areas, Land, improvements, fixtures, equipment, furniture, inventory and any other personal property of the other party by fire or other casualty. The provisions of this Section 6(C) shall apply only while waiver of subrogation is available, without additional cost, from insurance companies licensed in the State of Maryland. Landlord and Tenant agree to notify their respective insurance carriers of this provision and to notify each other in writing if there is a change in the availability of waiver of subrogation from their respective insurance carriers.

Waiver of Right of Recovery. Notwithstanding anything set forth in this Lease to the contrary, Landlord and Tenant for themselves and do hereby waive any and all Parties claiming under right of recovery, claim, action or through them, including without limitation their respective insurers, hereby mutually release, discharge, and waive cause of action against each the other and their respective officersRelated Parties for any loss or damage that may occur to the Mixed Use Project or the Premises or any addition or improvements thereto, directorsor any contents therein, partnersby reason of fire, membersthe elements or any other cause, employeesregardless of cause or origin, agents including the negligence of Landlord or Tenant, or their respective Related Parties, which loss or damage is covered by valid and affiliates collectible policies of insurance, to the extent that such loss or damage is recoverable under such insurance policies OR WOULD BE COVERED HAD LANDLORD AND TENANT MAINTAINED THE INSURANCE REQUIRED HEREUNDER. All insurance policies carried by either party with respect to the Mixed Use Project or the Premises, whether or not required to be carried by this Lease and if such policies can be so written and either do not result in additional premium or the other party agrees to pay upon demand any claims resulting additional premium, shall permit the waiving of any right of recovery on the part of the insured against the other party for any loss or damage to any person or the extent such rights have been waived by the insured prior to the Demised Premises, Building, Common Areas, Land, and improvements, fixtures, equipment and any other personal property occurrence of either party that are caused by or result from risks insured against under any insurance policies carried by Landlord or Tenant and in force at the time of such damage and hereby waive any right of subrogation which might otherwise exist in or accrue to any person on account thereof even though such loss or damage. For the purpose of the foregoing waiver, the amount of any deductible applicable to any loss or damage was caused shall be deemed covered by and recoverable by the act, omission, fault, negligence or misconduct of Landlord or insured under the insurance policy to which such deductible relates. In the event that Tenant is permitted to and their respective employees, agents, contractors, invitees, or guests. Landlord and self-insures any risk which would have been covered by the insurance required to be carried by Tenant agree pursuant to obtain and maintain throughout the Term of the Lease endorsements to their respective “Special Causes of Loss” or “All Risk” coverage policies waiving the right of recovery or subrogation of their insurance companies against the other party and its agents and employees. Except to the extent expressly provided herein, nothing contained in this Lease shall relieve Landlord or Tenant of any liability to each other or to their insurance carriers which Landlord or Tenant may have under law or the provisions Section 8.3 of this Lease in connection with or Tenant fails to carry any insurance required to be carried by Tenant pursuant to Section 8.3 of this Lease, then all loss or damage to Tenant, its business, its property, the Demised PremisesPremises or any additions or improvements thereto or contents thereof that would have been covered by such insurance had Tenant maintained it shall, Building, Common Areas, Land, improvements, fixtures, equipment, furniture, inventory and any other personal property for purposes of the other party by fire or other casualty. The provisions of waiver set forth in this Section 6(C) shall apply only while waiver 8.7, be deemed covered and recoverable by Tenant under valid and collectible policies of subrogation is available, without additional cost, from insurance companies licensed in the State of Maryland. Landlord and Tenant agree to notify their respective insurance carriers of this provision and to notify each other in writing if there is a change in the availability of waiver of subrogation from their respective insurance carriersinsurance.

Waiver of Right of Recovery. Notwithstanding anything set forth in this Lease to the contrary, Landlord and Tenant for themselves and do hereby waive any and all Parties claiming under right of recovery, claim, action or through them, including without limitation their respective insurers, hereby mutually release, discharge, and waive cause of action against each the other and their respective officersRelated Parties for any loss or damage that may occur to Landlord or Tenant or any party claiming by through or under Landlord or Tenant, directorsas the case may be, partnerstheir respective property, membersthe Building or the Premises or any addition or improvements thereto, employeesor any contents therein, agents by reason of fire, the elements or any other cause, regardless of cause or origin, including the negligence of Landlord or Tenant, or their respective Related Parties, which loss or damage is covered by valid and affiliates collectible policies of insurance, to the extent that such loss or damage is recoverable under such insurance policies. All insurance policies carried by either party with respect to the Building or the Premises, whether or not required to be carried by this Lease and if such policies can be so written and either do not result in additional premium or the other party agrees to pay upon demand any claims resulting additional premium, shall permit the waiving of any right of recovery on the part of the insured against the other party for any loss or damage to any person or the extent such rights have been waived by the insured prior to the Demised Premises, Building, Common Areas, Land, and improvements, fixtures, equipment and any other personal property occurrence of either party that are caused by or result from risks insured against under any insurance policies carried by Landlord or Tenant and in force at the time of such damage and hereby waive any right of subrogation which might otherwise exist in or accrue to any person on account thereof even though such loss or damage. For the purpose of the foregoing waiver, the amount of any deductible applicable to any loss or damage was caused shall be deemed covered by and recoverable by the act, omission, fault, negligence or misconduct of Landlord or insured under the insurance policy to which such deductible relates. In the event that Tenant is permitted to and their respective employees, agents, contractors, invitees, or guests. Landlord and self-insures any risk which would have been covered by the insurance required to be carried by Tenant agree pursuant to obtain and maintain throughout the Term of the Lease endorsements to their respective “Special Causes of Loss” or “All Risk” coverage policies waiving the right of recovery or subrogation of their insurance companies against the other party and its agents and employees. Except to the extent expressly provided herein, nothing contained in this Lease shall relieve Landlord or Tenant of any liability to each other or to their insurance carriers which Landlord or Tenant may have under law or the provisions Section 8.3 of this Lease in connection with or Tenant fails to carry any insurance required to be carried by Tenant pursuant to Section 8.3 of this Lease, then all loss or damage to Tenant, its business, its property, the Demised PremisesPremises or any additions or improvements thereto or contents thereof that would have been covered by such insurance had Tenant maintained it shall, Building, Common Areas, Land, improvements, fixtures, equipment, furniture, inventory and any other personal property for purposes of the other party by fire or other casualty. The provisions of waiver set forth in this Section 6(C) shall apply only while waiver 8.7, be deemed covered and recoverable by Tenant under valid and collectible policies of subrogation is available, without additional cost, from insurance companies licensed in the State of Maryland. Landlord and Tenant agree to notify their respective insurance carriers of this provision and to notify each other in writing if there is a change in the availability of waiver of subrogation from their respective insurance carriersinsurance.

Waiver of Right of Recovery. Notwithstanding anything set forth in this Lease to the contrary, Landlord and Tenant for themselves and do hereby waive any and all Parties claiming under right of recovery, claim, action or through them, including without limitation their respective insurers, hereby mutually release, discharge, and waive cause of action against each the other and their respective officersRelated Parties for any loss or damage that may occur to Landlord or Tenant or any party claiming by through or under Landlord or Tenant, directorsas the case may be, partnerstheir respective property, membersthe Shopping Center or the Leased Premises or any addition or improvements thereto, employeesor any contents therein, agents by reason of fire, the elements or any other cause, regardless of cause or origin, including the negligence of Landlord or Tenant, or their respective Related Parties, which loss or damage is covered by valid and affiliates collectible policies of insurance, to the extent that such loss or damage is recoverable under such insurance policies. All insurance policies carried by either party with respect to the Shopping Center or the Leased Premises, whether or not required to be carried by this Lease and if such policies can be so written and either do not result in additional premium or the other party agrees to pay upon demand any claims resulting additional premium, shall permit the waiving of any right of recovery on the part of the insured against the other party for any loss or damage to any person or the extent such rights have been waived by the insured prior to the Demised Premises, Building, Common Areas, Land, and improvements, fixtures, equipment and any other personal property occurrence of either party that are caused by or result from risks insured against under any insurance policies carried by Landlord or Tenant and in force at the time of such damage and hereby waive any right of subrogation which might otherwise exist in or accrue to any person on account thereof even though such loss or damage. For the purpose of the foregoing waiver, the amount of any deductible applicable to any loss or damage was caused shall be deemed covered by and recoverable by the act, omission, fault, negligence or misconduct of Landlord or insured under the insurance policy to which such deductible relates. In the event that Tenant is permitted to and their respective employees, agents, contractors, invitees, or guests. Landlord and self-insures any risk which would have been covered by the insurance required to be carried by Tenant agree pursuant to obtain and maintain throughout the Term of the Lease endorsements to their respective “Special Causes of Loss” or “All Risk” coverage policies waiving the right of recovery or subrogation of their insurance companies against the other party and its agents and employees. Except to the extent expressly provided herein, nothing contained in this Lease shall relieve Landlord or Tenant of any liability to each other or to their insurance carriers which Landlord or Tenant may have under law or the provisions Section 8.3 of this Lease in connection with or Tenant fails to carry any insurance required to be carried by Tenant pursuant to Section 8.3 of this Lease, then all loss or damage to Tenant, its business, its property, the Demised PremisesLeased Premises or any additions or improvements thereto or contents thereof that would have been covered by such insurance had Tenant maintained it shall, Building, Common Areas, Land, improvements, fixtures, equipment, furniture, inventory and any other personal property for purposes of the other party by fire or other casualty. The provisions of waiver set forth in this Section 6(C) shall apply only while waiver 8.7, be deemed covered and recoverable by Tenant under valid and collectible policies of subrogation is available, without additional cost, from insurance companies licensed in the State of Maryland. Landlord and Tenant agree to notify their respective insurance carriers of this provision and to notify each other in writing if there is a change in the availability of waiver of subrogation from their respective insurance carriersinsurance.