Common use of Waiver of Right of Recovery Clause in Contracts

Waiver of Right of Recovery. None of Landlord, Agent or Tenant shall be liable to one another [or to any insurance company (by way of subrogation of otherwise) insuring any such party] for any loss or damage to the Premises, the structure of the buildings located thereon, other tangible property located on the Premises, or any resulting loss of income, or losses under workers' compensation laws and benefits, despite the fact that such loss or damage might have been occasioned by the negligence or misconduct of such party, its agents or employees, provided and to the extent that any such loss or damage would be covered by insurance that the party suffering the loss is required to maintain pursuant to the terms of this Lease. The failure of any party to insure its property shall not void this waiver. Each of Landlord, Agent and Tenant shall secure an appropriate clause in, or an endorsement upon, each insurance policy obtained by it and covering or applicable to the Premises and the personal property, fixtures, and equipment located therein or thereon, pursuant to which the insurance company consents to such waiver of right of recovery. The waiver of right of recovery set forth above in this Section 10.3 shall extend to Landlord, Agent, Tenant, and their respective agents and employees, and each Superior Lessor, Superior Mortgagee, and to other appropriate parties designated by Landlord.

Waiver of Right of Recovery. None of Landlord, Agent or Tenant shall be liable to one another [or to any insurance company (by way of subrogation of otherwise) insuring any such party] for To the extent that any loss or damage to the Premises, the Building, the Project, any building, structure of the buildings located thereon, or other tangible property located on the Premisesproperty, or any resulting loss of income, or losses under workers' ’ compensation laws and benefits, despite are covered by insurance, neither party shall be liable to the fact that 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 or misconduct of such party, its agents or employees, provided and . Notwithstanding any provision of this Lease to the extent that contrary, Landlord and Tenant agree that, with respect to each indemnity contained in this Lease, the indemnifying party shall not be required to indemnify the indemnified party for (a) such portion of any such claim, cost, damage, expense, fee, liability, loss or damage suit which is attributable to the acts or omissions (including acts of negligence) of the indemnified party or its respective agents or employees, as applicable, or (b) the portion (if any) of any claim, cost, damage, expense, fee, liability, loss or suit for which the indemnified party is reimbursed by its insurance carrier(s) (or would be covered have been reimbursed by its insurance that carrier if the indemnified party suffering had maintained the loss is insurance required to maintain pursuant to be maintained by the terms of this Lease. The failure of indemnified party hereunder) or any party to insure its property shall not void this waiver. Each of Landlord, Agent and Tenant shall secure an appropriate clause in, or an endorsement upon, each insurance policy obtained by it and covering or applicable to the Premises and the personal property, fixtures, and equipment located therein or thereon, pursuant to which the insurance company consents to such waiver of right of recovery. The waiver of right of recovery set forth above in this Section 10.3 shall extend to Landlord, Agent, Tenant, and their respective agents and employees, and each Superior Lessor, Superior Mortgagee, and to other appropriate parties designated by Landlordthird party.

Waiver of Right of Recovery. None of Landlord, Agent or Tenant shall be liable to one another [or to any insurance company (by way of subrogation of or otherwise) insuring any such party] for any loss or damage to the Building, the Premises, the Property, the structure of the buildings located thereonBuilding, other tangible property located on the PremisesProperty or in the Building, or any resulting loss of income, or losses under workers' compensation laws and benefits, despite the fact that such loss or damage might have been occasioned by the negligence or misconduct of such party, its agents or employees, provided and to the extent that any such loss or damage would be is covered by insurance that benefitting the party suffering the such loss is required to maintain pursuant to the terms of this Lease. The failure of any party to insure its property shall not void this waiveror damage. Each of Landlord, Agent and Tenant shall secure an appropriate clause in, or an endorsement upon, each insurance policy obtained by it and covering or applicable to the Property, the Building, the Premises and the personal property, fixtures, and equipment located therein or thereon, pursuant to which the insurance company consents to such waiver of right of recovery. The waiver of right of recovery set forth above in this Section 10.3 10.2 shall extend to Landlord, Agent, Tenant, and their respective agents and employees, and each Superior Superior, Lessor, Superior Mortgagee, and to other appropriate parties designated by LandlordLandlord (collectively, "Superior Parties").

Waiver of Right of Recovery. None of Landlord, Agent or Tenant shall be liable to one another [or to any insurance company (by way of subrogation of otherwise) insuring any such party] for any loss or damage to the Premises, the structure of the buildings located thereon, other tangible property located on the Premises, or any resulting loss of income, or losses under workers' compensation laws and benefits, despite the fact that such loss or damage might have been occasioned by the negligence or misconduct of such party, its agents or employees, provided and to the extent that any such loss or damage would be covered by insurance that the party suffering the loss is required to maintain or does maintain pursuant to the terms of this Lease. The failure of any party to insure its property shall not void this waiver. Each of Landlord, Agent and Tenant shall secure an appropriate clause in, or an endorsement upon, each insurance policy obtained by it and covering or applicable to the Premises and the personal property, fixtures, and equipment located therein or thereon, pursuant to which the insurance company consents to such waiver of right of recovery. The waiver of right of recovery set forth above in this Section 10.3 shall extend to Landlord, Agent, Tenant, and their respective agents and employees, and each Superior Lessor, Superior Mortgagee, and to other appropriate parties designated by Landlord.

Waiver of Right of Recovery. None of Landlord, Agent or Tenant shall be liable to one another [or to any insurance company (by way of subrogation of or otherwise) insuring any such party] for any loss or damage to the Building, the Premises, the Property, the structure of the buildings located thereonBuilding, other tangible property located on the PremisesProperty or in the Building, or any resulting loss of income, or losses under workers' compensation laws and benefits, despite the fact that such loss or damage might have been occasioned by the negligence or misconduct of such party, its agents or employees, provided and to the extent that any such loss or damage would be is covered by insurance that benefitting the party suffering the such loss is required to maintain pursuant to the terms of this Lease. The failure of any party to insure its property shall not void this waiveror damage. Each of Landlord, Agent and Tenant shall secure an appropriate clause in, or an endorsement upon, each insurance policy obtained by it and covering or applicable to the Property, the Building, the Premises and the personal property, fixtures, and equipment located therein or thereon, pursuant to which the insurance company consents to such waiver of right of recovery. The waiver of right of recovery set forth above in this Section 10.3 10.2 shall extend to Landlord, Agent, Tenant, and their respective agents and employees, and each Superior Lessor, Superior Mortgagee, and to other appropriate parties designated by LandlordLandlord (collectively, "Superior Parties").