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 hereby release each other and waive any claims against each other for loss or damage to the Demised Premises, tenant improvements, fixtures, equipment and/or any other personal property arising from a risk which is required to be insured against, as applicable, or which is actually paid under "fire and extended/ all risks" coverage insurance policies carried by Landlord and Tenant, even though such loss or damage was caused by the negligence or misconduct of Landlord or Tenant or their respective invitees or guests. Landlord and Tenant agree to obtain and maintain throughout the Term of this Lease endorsements to their respective "fire and extended coverage covering all risks" 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, tenant improvements, fixtures, equipment, furniture, inventory and all other personal property 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 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 Except as provided in this Lease Subsection 7.2, neither party, nor its officers, directors, employees, agents or invitees, nor, in case of Tenant, its subtenants, shall be liable to the contrary, Landlord and Tenant hereby release each other and waive party or to any claims against each insurance company (by way of subrogation or otherwise) insuring the other party for any loss or damage to any building, structure or other tangible property, when such loss is caused by any of the Demised Premises, tenant improvements, fixtures, equipment and/or any other personal property arising from a risk perils which is required to are or could be insured againstagainst under a standard policy of full replacement cost insurance for fire, as applicabletheft and all risk coverage, or which is actually paid losses under "fire workers' compensation laws and extended/ all risks" coverage insurance policies carried by Landlord and Tenantbenefits, even though such loss or damage was caused might have been occasioned by the negligence of such party, its agents or misconduct employees (this clause shall not apply, however, to any damage caused by intentionally wrongful actions or omissions); provided, however, that if, by reason of Landlord or Tenant or their respective invitees or guests. Landlord and Tenant the foregoing waiver, either party shall be unable to obtain any such insurance, such waiver shall be deemed not to have been made by either party and, provided, further, that if either party shall be unable to obtain any such insurance without the payment of an additional premium therefor, then, unless the party claiming the benefit of such waiver shall agree to pay such party for the cost of such additional premium within thirty (30) days after notice setting forth such requirement and the amount of the additional premium, such waiver shall be of no force and effect between such party and such claiming party. Each party shall use reasonable efforts to obtain and maintain throughout such insurance from a company that does not charge an additional premium or, if that is not possible, one that charges the Term of this Lease endorsements to their respective "fire and extended coverage covering all risks" coverage policies waiving the right of recovery or subrogation of their insurance companies against lowest additional premium. Each party shall give the other party notice at any time when it is unable to obtain insurance with such a waiver of subrogation without the payment of an additional premium and the foregoing waiver shall be effective until thirty (30) days after notice is given. Each party represents that 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 current 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, tenant improvements, fixtures, equipment, furniture, inventory and all other personal property by fire or other casualtypolicies allow such waiver. The provisions of this Section 6(C) shall apply only while waiver of subrogation is available, without additional cost, from insurance companies licensed in not limit the State of Maryland. Landlord indemnification for liability to third parties pursuant to Subsections 14.1 and Tenant agree to notify each other in writing if there is a change in the availability of waiver of subrogation from their respective insurance carriers14.2.

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 release mutually release, discharge, and waive against each other and waive their respective officers, directors, partners, members, employees, agents and affiliates any claims against each other for loss or damage to any person or to the Demised Premises, tenant Building, Common Areas, Land, and improvements, fixtures, equipment and/or and any other personal property arising of either party that are caused by or result from a risk which is required to be risks insured against, as applicable, or which is actually paid against under "fire and extended/ all risks" coverage any insurance policies carried by Landlord or Tenant and Tenant, 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 or and their respective invitees employees, agents, contractors, invitees, or guests. Landlord and Tenant agree to obtain and maintain throughout the Term of this the Lease endorsements to their respective "fire and extended coverage covering all risks" “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, tenant Building, Common Areas, Land, improvements, fixtures, equipment, furniture, inventory and all 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 in this Lease to the contrary, A. Landlord and Tenant (each, a "Waiving Party") each hereby release each waives and releases all rights of recovery against the other and waive any claims against each other for the other's agents and employees (the "Released Parties") on account of loss or damage to the Demised Premises, tenant improvements, fixtures, equipment and/or any other personal property arising from a risk which of the Waiving Party to the extent that such loss or damage is required to be insured against, as applicable, or which is actually paid against under "fire and extended/ all risks" coverage any property damage insurance policies required to be carried by Landlord and Tenantthis Lease. By this waiver it is the intent of the parties that the Released Parties shall not be liable to the Waiving Party or any insurance company (by way of subrogation or otherwise) insuring the Waiving Party for any loss or damage insured against (or that could have been insured against) under any property damage insurance required by this Article, even though such loss or damage was might be caused by the negligence of one (1) or more of the Released Parties; provided, however, the mutual release contained herein shall not apply to damage to the Waiving Party's property caused by the willful misconduct of Landlord any of the Released Parties. If the Waiving Party does not carry, or Tenant is not required to carry, property damage insurance pursuant to this Lease, this release shall apply to damage to the Waiving Party's property that would have been covered by a policy of "all risk" or their respective invitees or guests. "special form" property damage insurance if the Waiving Party had maintained such insurance. B. Each of Landlord and Tenant agree to obtain and maintain throughout shall include in each of its property damage insurance policies a waiver of the Term of this Lease endorsements to their respective "fire and extended coverage covering all risks" coverage policies waiving the insurer's right of recovery or subrogation of their insurance companies against the other party and its the officers, directors, agents and employeesemployees of, and the partners in, the other party. Except If such waiver is not, or ceases to the extent expressly provided hereinbe, 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, tenant improvements, fixtures, equipment, furniture, inventory and all other personal property by fire or other casualty. The provisions of this Section 6(C) shall apply only while waiver of subrogation is available, obtainable without additional costcharge (other than a nominal administrative charge) or at all, from insurance companies licensed the insuring party shall so notify the other party promptly after notice thereof. If the other party agrees in writing to pay the insurer's additional charge therefor, such waiver shall (if obtainable) be included in the State of Marylandpolicy. Landlord and Tenant agree to notify each hereby acknowledge that such waiver is obtainable under normal commercial insurance practice on the date of this Lease at no additional charge (other than a nominal administrative charge) C. The waiver and release in writing if there is a change in the availability of waiver of subrogation from their respective insurance carriers.Section

Waiver of Right of Recovery. Notwithstanding anything Except as otherwise provided in this Lease Lease, neither Landlord nor Tenant shall be liable to the contrary, Landlord and Tenant hereby release each other and waive or to any claims against each insurance company (by way of subrogation or otherwise) insuring the other party for any loss or damage to any building, structure or other tangible property, or any resulting loss of income, or losses under worker’s compensation laws and benefits, to the Demised Premisesextent that such loss or damage is covered by (or should have been covered by) any insurance policy carried by such party, tenant improvements, fixtures, equipment and/or any other personal property arising from a risk or which is required to be insured against, as applicable, or which is actually paid under "fire and extended/ all risks" coverage insurance policies carried by Landlord and Tenantsuch party under the terms of this Lease, even though such loss or damage was caused might have been occasioned by the negligence or misconduct of Landlord or Tenant or their respective invitees or guests. Landlord and Tenant agree to obtain and maintain throughout the Term of this Lease endorsements to their respective "fire and extended coverage covering all risks" coverage policies waiving the right of recovery or subrogation of their insurance companies against the other party and such party, its agents and or 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, tenant improvements, fixtures, equipment, furniture, inventory and all other personal property by fire or other casualty. The provisions of this Section 6(C) 11.04 shall apply only while waiver not limit the indemnification for liability to third parties pursuant to Section 11.03. In the event either party is a self-insurer or maintains a deductible, then the self-insuring party or the party maintaining the deductible hereby releases the other party from any liability arising from any event which would have been covered had the required insurance been obtained and/or the deductible not been maintained. Tenant shall be responsible for the payment of subrogation is available, without additional cost, from insurance companies licensed any deductible or self-insured retention amounts and the defense and indemnity obligations set forth in this Lease in the State of Maryland. Landlord and Tenant agree to notify each other in writing if there is a change event that an insurer does not participate in the availability defense and/or indemnity of waiver a claim tendered by Landlord pending exhaustion of subrogation a deductible or self-retention amount, it being the intent of the parties that the additional insured entities shall be fully insured from their respective insurance carriersthe first dollar of any claimed loss.

Waiver of Right of Recovery. Notwithstanding anything in this Lease to the contrary, A. Landlord and Tenant (each, a “Waiving Party”) each hereby release each waives and releases all rights of recovery against the other and waive any claims against each other for the other’s agents and employees (the “Released Parties”) on account of loss or damage to the Demised Premises, tenant improvements, fixtures, equipment and/or any other personal property arising from a risk which of the Waiving Party to the extent that such loss or damage is required to be insured against, as applicable, or which is actually paid against under "fire and extended/ all risks" coverage any property damage insurance policies required to be carried by Landlord and Tenantthis Lease. By this waiver it is the intent of the parties that the Released Parties shall not be liable to the Waiving Party or any insurance company (by way of subrogation or otherwise) insuring the Waiving Party for any loss or damage insured against (or that could have been insured against) under any property damage insurance required by this Article VIII, even though such loss or damage was might be caused by the negligence of one (1) or misconduct more of Landlord or Tenant or their respective invitees or guests. Landlord and Tenant agree the Released Parties; provided, however, the mutual release contained herein shall not apply to obtain and maintain throughout the Term of this Lease endorsements to their respective "fire and extended coverage covering all risks" 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 PremisesWaiving Party’s property caused by the willful misconduct of any of the Released Parties. If the Waiving Party does not carry, tenant improvementsor is not required to carry, fixturesproperty damage insurance pursuant to this Lease, equipment, furniture, inventory and all other personal property by fire or other casualty. The provisions of this Section 6(C) release shall apply only while waiver to damage to the Waiving Party’s property that would have been covered by a policy of subrogation is available, without additional cost, from “all risk” or “special form” property damage insurance companies licensed in if the State of Maryland. Landlord and Tenant agree to notify each other in writing if there is a change in the availability of waiver of subrogation from their respective insurance carriersWaiving Party had maintained such insurance.

Waiver of Right of Recovery. Notwithstanding anything Except as provided in this Lease Subsection 7.2, neither party, nor its officers, directors, employees, agents or invitees, nor, in case of Tenant, its subtenants, shall be liable to the contrary, Landlord and Tenant hereby release each other and waive party or to any claims against each insurance company (by way of subrogation or otherwise) insuring the other party for any loss or damage to any building, structure or other tangible property, when such loss is caused by any of the Demised Premises, tenant improvements, fixtures, equipment and/or any other personal property arising from a risk perils which is required to are or could be insured againstagainst under a standard policy of full replacement cost insurance for fire, as applicabletheft and all risk coverage, or which is actually paid losses under "fire workers' compensation laws and extended/ all risks" coverage insurance policies carried by Landlord and Tenantbenefits, even though such loss or damage was caused might have been occasioned by the negligence of such party, its agents or misconduct employees (this clause shall not apply, however, to any damage caused by intentionally wrongful actions or omissions); provided, however, that if, by reason of Landlord or Tenant or their respective invitees or guests. Landlord and Tenant the foregoing waiver, either party shall be unable to obtain any such insurance, such waiver shall be deemed not to have been made by such party and, provided, further, that if either party shall be unable to obtain any such insurance without the payment of an additional premium therefor, then, unless the party claiming the benefit of such waiver shall agree to pay such party for the cost of such additional premium within thirty (30) days after notice setting forth such requirement and the amount of the additional premium, such waiver shall be of no force and effect between such party and such claiming party. Each party shall use reasonable efforts to obtain and maintain throughout such insurance from a company that does not charge an additional premium or, if that is not possible, one that charges the Term of this Lease endorsements to their respective "fire and extended coverage covering all risks" coverage policies waiving the right of recovery or subrogation of their insurance companies against lowest additional premium. Each party shall give the other party notice at any time when it is unable to obtain insurance with such a waiver of subrogation without the payment of an additional premium and the foregoing waiver shall be effective until thirty (30) days after notice is given. Each party represents that 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 current 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, tenant improvements, fixtures, equipment, furniture, inventory and all other personal property by fire or other casualtypolicies allow such waiver. The provisions of this Section 6(C) shall apply only while waiver of subrogation is available, without additional cost, from insurance companies licensed in not limit the State of Marylandindemnification for liability to third parties pursuant to Subsections 14.1 and 14.2. Landlord and Tenant agree to notify each other in writing if there is a change in the availability of waiver of subrogation from their respective insurance carriers.[SEE RIDER]

Waiver of Right of Recovery. Notwithstanding anything Except as provided in this Lease Section 14.4, neither party, nor its officers, directors, employees, agents or invitees, nor, in case of Tenant, its subtenants, shall be liable to the contrary, Landlord and Tenant hereby release each other and waive party or to any claims against each insurance company (by way of subrogation or otherwise) insuring the other party for any loss or damage to any building, structure or other tangible property, when such loss is caused by any of the Demised Premises, tenant improvements, fixtures, equipment and/or any other personal property arising from a risk perils which is required to are or could be insured againstagainst under a standard policy of full replacement cost insurance for fire, as applicabletheft and all risk coverage, or which is actually paid losses under "fire workers’ compensation laws and extended/ all risks" coverage insurance policies carried by Landlord and Tenantbenefits, even though such loss or damage was caused might have been occasioned by the negligence of such party, its agents or misconduct employees (this clause shall not apply, however, to any damage caused by intentionally wrongful actions or omissions); provided, however, that if, by reason of Landlord or Tenant or their respective invitees or guests. Landlord and Tenant the foregoing waiver, either party shall be unable to obtain any such insurance, such waiver shall be deemed not to have been made by such party and, provided, further, that if either party shall be unable to obtain any such insurance without the payment of an additional premium therefor, then, unless the party claiming the benefit of such waiver shall agree to pay such party for the cost of such additional premium within thirty (30) days after notice setting forth such requirement and the amount of the additional premium, such waiver shall be of no force and effect between such party and such claiming party. Each party shall use reasonable efforts to obtain and maintain throughout such insurance from a company that does not charge an additional premium or, if that is not possible, one that charges the Term of this Lease endorsements to their respective "fire and extended coverage covering all risks" coverage policies waiving the right of recovery or subrogation of their insurance companies against lowest additional premium. Each party shall give the other party notice at any time when it is unable to obtain insurance with such a waiver of subrogation without the payment of an additional premium and the foregoing waiver shall be effective until thirty (30) days after notice is given. Each party represents that 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 current 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, tenant improvements, fixtures, equipment, furniture, inventory and all other personal property by fire or other casualtypolicies allow such waiver. The provisions of this Section 6(C) shall apply only while waiver of subrogation is available, without additional cost, from insurance companies licensed in not limit the State of Maryland. Landlord indemnification for liability to third parties pursuant to Sections 14.1 and Tenant agree to notify each other in writing if there is a change in the availability of waiver of subrogation from their respective insurance carriers14.2.

Waiver of Right of Recovery. Notwithstanding anything in this Lease to the contrary, A. Landlord and Tenant (each, a "Waiving Party") each hereby release each waives and releases all rights of recovery against the other and waive any claims against each other for the other's agents and employees (the "Released Parties") on account of loss or damage to the Demised Premises, tenant improvements, fixtures, equipment and/or any other personal property arising from a risk which of the Waiving Party to the extent that such loss or damage is required to be insured against, as applicable, or which is actually paid against under "fire and extended/ all risks" coverage any property damage insurance policies required to be carried by Landlord and Tenantthis Lease. By this waiver it is the intent of the parties that the Released Parties shall not be liable to the Waiving Party or any insurance company (by way of subrogation or otherwise) insuring the Waiving Party for any loss or damage insured against (or that could have been insured against) under any property damage insurance required by this Article VIII, even though such loss or damage was might be caused by the negligence of one (1) or more of the Released Parties; provided, however, the mutual release contained herein shall not apply to damage to the Waiving Party's property caused by the willful misconduct of Landlord any of the Released Parties. If the Waiving Party does not carry, or Tenant is not required to carry, property damage insurance pursuant to this Lease, this release shall apply to damage to the Waiving Party's property that would have been covered by a policy of "all risk" or their respective invitees or guests. "special form" property damage insurance if the Waiving Party had maintained such insurance. B. Each of Landlord and Tenant agree to obtain and maintain throughout shall include in each of its property damage insurance policies a waiver of the Term of this Lease endorsements to their respective "fire and extended coverage covering all risks" coverage policies waiving the insurer's right of recovery or subrogation of their insurance companies against the other party and its the officers, directors, agents and employeesemployees of, and the partners and members in, the other party. Except If such waiver is not, or ceases to the extent expressly provided hereinbe, 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, tenant improvements, fixtures, equipment, furniture, inventory and all other personal property by fire or other casualty. The provisions of this Section 6(C) shall apply only while waiver of subrogation is available, obtainable without additional costcharge (other than a nominal administrative charge) or at all, from insurance companies licensed the insuring party shall so notify the other party promptly after notice thereof. If the other party agrees in writing to pay the insurer's additional charge therefor, such waiver shall (if obtainable) be included in the State of Marylandpolicy. Landlord and Tenant agree hereby acknowledge that such waiver is obtainable under normal commercial insurance practice on the date of this Lease at no additional charge (other than a nominal administrative charge). C. The waiver and release in Section 8.07.A, above, shall not apply to notify each other in writing if there is a change loss or damage to property of the Waiving Party to the extent of the deductible contained in the availability Waiving Party's policies of waiver of subrogation from their respective insurance carriersproperty damage insurance.

Waiver of Right of Recovery. Notwithstanding anything Except as provided in this Lease Subsection 6.4, neither party, nor its officers, directors, employees, agents or invitees, nor, in case of Tenant, its subtenants, shall be liable to the contrary, Landlord and Tenant hereby release each other and waive party or to any claims against each insurance company (by way of subrogation or otherwise) insuring the other party for any loss or damage to any building, structure or other tangible property, when such loss is caused by any of the Demised Premises, tenant improvements, fixtures, equipment and/or any other personal property arising from a risk perils which is required to are or could be insured againstagainst under a standard policy of full replacement cost insurance for fire, as applicabletheft and all risk coverage, or which is actually paid losses under "fire workers' compensation laws and extended/ all risks" coverage insurance policies carried by Landlord and Tenantbenefits, even though such loss or damage was caused might have been occasioned by the negligence of such party, its agents or misconduct employees (this clause shall not apply, however, to any damage caused by intentionally wrongful actions or omissions); provided, however, that if, by reason of Landlord or Tenant or their respective invitees or guests. Landlord and Tenant the foregoing waiver, either party shall be unable to obtain any such insurance, such waiver shall be deemed not to have been made by such party and, provided, further, that if either party shall be unable to obtain any such insurance without the payment of an additional premium therefor, then, unless the party claiming the benefit of such waiver shall agree to pay such party for the cost of such additional premium within thirty (30) days after notice setting forth such requirement and the amount of the additional premium, such waiver shall be of no force and effect between such party and such claiming party. Each party shall use reasonable efforts to obtain and maintain throughout such insurance from a company that does not charge an additional premium or, if that is not possible, one that charges the Term of this Lease endorsements to their respective "fire and extended coverage covering all risks" coverage policies waiving the right of recovery or subrogation of their insurance companies against lowest additional premium. Each party shall give the other party notice at any time when it is unable to obtain insurance with such a waiver of subrogation without the payment of an additional premium and the foregoing waiver shall be effective until thirty (30) days after notice is given. Each party represents that 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 current 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, tenant improvements, fixtures, equipment, furniture, inventory and all other personal property by fire or other casualtypolicies allow such waiver. The provisions of this Section 6(C) shall apply only while waiver of subrogation is available, without additional cost, from insurance companies licensed in not limit the State of Maryland. Landlord indemnification for liability to third parties pursuant to Subsections 14.1 and Tenant agree to notify each other in writing if there is a change in the availability of waiver of subrogation from their respective insurance carriers14.2.