Common use of Waiver of Subrogation and Release Clause in Contracts

Waiver of Subrogation and Release. Sublessor hereby releases Sublessee, and Sublessee hereby releases Sublessor, and each of their respective partners, principals, members, officers, agents, employees and servants, from any and all liability for loss, damage or injury to the property of the other in or about the Subleased Premises which is caused by or results from a peril or event or happening which is covered by property insurance actually carried and in force at the time of the loss by the party sustaining such loss or required to be carried hereunder. Sublessee shall give notice to all insurance carriers that the foregoing mutual waiver of subrogation is contained in this Sublease, and shall obtain from such insurance carriers a waiver of the rights of subrogation. Except where caused by the negligence or willful misconduct of Sublessor or as otherwise set forth in Section 8.B., Sublessor shall not be liable to Sublessee, nor shall Sublessee be entitled to terminate this Sublease or to axxxx Rent for any reason, including, without limitation: (i) failure or interruption of any utility system or service; or (ii) failure of Master Lessor to maintain the Subleased Premises as may be required under the Master Lease. Notwithstanding the foregoing to the contrary, to the extent that Rent is abated for Sublessor with respect to the Subleased Premises pursuant to the terms of the Master Lease, Sublessee’s Rent obligations with respect to the Subleased Premises also shall be abated. Sublessor and Sublessee are corporations, and the obligations of Sublessor and Sublessee shall not constitute the personal obligations of the officers, directors, trustees, partners, joint venturers, members, owners, stockholders or other principals or representatives of such corporations.

Waiver of Subrogation and Release. Sublessor hereby releases Sublessee, --------------------------------- and Sublessee hereby releases SublessorSublessor and Master Lessor, and each of their respective partners, principals, members, officers, agents, employees and servants, from any and all liability for loss, damage or injury to the property of the other in or about the Subleased Premises which is caused by or results from a peril or event or happening which is covered by property insurance actually carried and in force at the time of the loss by the party sustaining such loss or required to be carried hereunder. Sublessee shall give notice to all insurance carriers that the foregoing mutual waiver of subrogation is contained in this Sublease, and shall obtain from such insurance carriers a waiver of the rights of subrogation. Except where caused by the negligence or willful misconduct of Sublessor or as otherwise set forth in Section 8.B., Sublessor shall not be liable to Sublessee, nor shall Sublessee be entitled to terminate this Sublease or to axxxx xxxxx Rent for any reason, including, without limitation: (i) failure or interruption of any utility system or serviceservice for reasons outside of Sublessor's reasonable control; or (ii) failure of Master Lessor to maintain the Subleased Premises as may be required under the Master Lease. Notwithstanding the foregoing to the contrary, to the extent that Rent is abated for Sublessor with respect to the Subleased Premises pursuant to the terms of the Master Lease, Sublessee’s 's Rent obligations with respect to the Subleased Premises also shall be abated. Sublessor and Sublessee are corporations, and the obligations of Sublessor and Sublessee shall not constitute the personal obligations of the officers, directors, trustees, partners, joint venturers, members, owners, stockholders or other principals or representatives of such corporations.

Waiver of Subrogation and Release. Sublessor (A) Tenant and any Tenant Party shall include in each of its insurance policies required under this lease and any policies covering Tenant's Property and the fixtures required to be insured by Tenant pursuant to this lease and Tenant’s business interruption and Worker’s Compensation insurance, a waiver of the insurer's right of subrogation (on behalf of itself and any other insurers or reinsurers in privity therewith) against Landlord and any party required to be named as an additional insured under Section 12.04. Landlord shall include in each of its insurance policies a waiver of the insurer's right of subrogation (on behalf of itself and any other insurers or reinsurers in privity therewith) against Tenant. If Landlord fails to maintain insurance for an insurable loss, such loss shall be deemed to be self-insured with a deemed full waiver of subrogation as set forth in the immediately preceding sentence. (B) Tenant hereby releases Sublessee, Landlord and Sublessee hereby releases Sublessor, and each of their respective partners, principals, members, officers, agents, employees and servants, from any and all liability party required to be named as an additional insured under Section 12.04 with respect to any claim (including a claim for negligence) which it might otherwise have against Landlord or such party for loss, damage or injury destruction with respect to its property (including rental value or business interruption) occurring during the Term and with respect and to the property extent to which Tenant is insured under a policy or policies (which policy or policies shall be deemed to have a $0 “deductible” for purposes of the other in or about the Subleased Premises which is caused by or results from this Section 12.05(B)) containing a peril or event or happening which is covered by property insurance actually carried and in force at the time of the loss by the party sustaining such loss or required to be carried hereunder. Sublessee shall give notice to all insurance carriers that the foregoing mutual waiver of subrogation or permission to release liability or naming the other party as an additional insured, as provided in Subsection 12.05(A). Landlord hereby releases Tenant with respect to any claim (including a claim for negligence) which it might otherwise have against Tenant or such party for loss, damage or destruction with respect to its property (including rental value or business interruption) occurring during the Term and with respect and to the extent to which Landlord is contained in insured under a policy or policies (which policy or policies shall be deemed to have a $0 “deductible” for purposes of this Sublease, and shall obtain from such insurance carriers Section 12.05(B)) containing a waiver of subrogation or permission to release liability or naming the rights other party as an additional insured, as provided in Subsection 12.05(A). (C) The waiver of subrogation. Except where caused by the negligence or willful misconduct of Sublessor or as otherwise set forth subrogation referred to in this Section 8.B., Sublessor shall not be liable to Sublessee, nor shall Sublessee be entitled to terminate this Sublease or to axxxx Rent for any reason, including, without limitation: (i) failure or interruption of any utility system or service; or (ii) failure of Master Lessor to maintain the Subleased Premises as may be required under the Master Lease. Notwithstanding the foregoing extend to the contraryofficer, directors, partners, principals, employees and agents of Landlord. The release provided for in this Section shall also extend to such officers, directors, partners, principals, employees and agents of Landlord, if and to the extent that Rent such waiver is abated for Sublessor with respect effective as to them. If Tenant shall fail to maintain insurance in effect as required in this lease, the release by Tenant set forth in Subsection 12.05(B) shall be in full force and effect to the Subleased Premises pursuant to the terms same extent as if such required insurance (containing a waiver of the Master Lease, Sublessee’s Rent obligations with respect to the Subleased Premises also shall be abated. Sublessor and Sublessee are corporations, and the obligations of Sublessor and Sublessee shall not constitute the personal obligations of the officers, directors, trustees, partners, joint venturers, members, owners, stockholders or other principals or representatives of such corporationssubrogation) were in effect.

Waiver of Subrogation and Release. Sublessor hereby releases Sublessee, and Sublessee hereby releases Sublessor, and --------------------------------- release each of their respective partners, principals, members, officers, agents, employees and servants, other from any and all liability for lossinjury to persons, damage to property, or injury to the property loss of the other in or about the Subleased Premises any kind which is caused by or results from any risk insured against under any valid and collectable insurance policy carried by either party, which contains a peril or event or happening which is covered by property insurance actually carried and in force at the time of the loss by the party sustaining such loss or required to be carried hereunder. Sublessee shall give notice to all insurance carriers that the foregoing mutual waiver of subrogation is contained in this Subleaseby the insurer; provided, however, that such liability shall be released only to the extent that the damages are covered by such insurance, and only if the insurance permits such partial release. This release shall be in effect only so long as the applicable insurance policy contains a clause to the effect that this release shall not affect the right of the insured to recover under such policy. Each party shall use its best efforts to cause each insurance policy obtained by it to provide that the insurer waives all right of recovery against the other party and its agents and employees in connection with any damage or injury covered by such policy, and each party shall notify the other party if it is unable to obtain from such insurance carriers a waiver of the rights of subrogation. Except where caused by the negligence or willful misconduct of Sublessor or as otherwise set forth in Section 8.B., subrogation Sublessor shall not be liable to Sublessee, nor shall Sublessee be entitled to terminate this Sublease or to axxxx Rent xxxxx Rent, for any reason, including, without limitation: (i) failure or interruption of any utility system or service; or (ii) failure of Master Lessor to maintain the Subleased Premises as may be required under the Master Lease. Notwithstanding the foregoing to the contrary, to the extent that Rent basic rent or additional rent is abated for Sublessor with respect to the Subleased Premises pursuant to the terms of the Master Lease, Sublessee’s 's Rent obligations with respect to t the Subleased Premises also shall be abated. Sublessor and Sublessee are corporations, and the obligations of Sublessor and Sublessee shall not constitute the personal obligations of the officers, directors, trustees, partners, joint venturers, members, owners, stockholders or other principals or representatives of such corporations.

Waiver of Subrogation and Release. Sublessor hereby releases SublesseeLandlord and Tenant shall obtain from their respective insurers under all policies of fire, theft and other property damage insurance maintained by either of them at any time during the term of this Lease insuring or covering the Building or any portion thereof or personal property or operations therein, a waiver of all rights of subrogation which the insurer of one party might have against the other party, and Sublessee hereby releases SublessorLandlord and Tenant shall each indemnify the other against any loss or expense, including reasonable attorney's fees, resulting from the failure to obtain such waiver. Landlord and Tenant, to the fullest extent permitted by law, each waives all rights of recovery against the other, and each of their respective partnersreleases the other from liability, principals, members, officers, agents, employees and servants, from any and all liability for loss, loss or damage or injury to the property extent (but only to the extent) of the other sum of (i) the deductible amount under the applicable insurance policy (or, in or about the Subleased Premises which is caused case of self-insurance by or results from a peril or event or happening which is covered Landlord, the amount of deductible customarily maintained in the Xxxxxxx, Xxxxxxx, Xxxxxxx market area by property prudent landlords of buildings comparable to the Building insuring similar risks), plus (ii) either the collected insurance actually carried and in force at the time of the loss proceeds received by the party sustaining suffering such loss or required to be carried hereunder. Sublessee shall give notice to all damage or, in the case of self-insurance carriers by Landlord, the amount of insurance proceeds that the foregoing mutual waiver of subrogation is contained in this Sublease, and shall obtain from such insurance carriers a waiver of the rights of subrogation. Except where caused by the negligence or willful misconduct of Sublessor or as otherwise set forth in Section 8.B., Sublessor shall not be liable to Sublessee, nor shall Sublessee be entitled to terminate this Sublease or to axxxx Rent for any reason, including, without limitation: (i) failure or interruption of any utility system or service; or (ii) failure of Master Lessor to maintain the Subleased Premises as may be required under the Master Lease. Notwithstanding the foregoing to the contrary, to the extent that Rent is abated for Sublessor would have been paid with respect to such loss had Landlord maintained the Subleased Premises insurance coverage otherwise required under Section 7.1 of this Lease; provided, however, that if either Landlord or Tenant fails to obtain and/or maintain in full force and effect the insurance coverage required of such party under Section 7.1(c) hereof (including without limitation the required waivers of subrogation and the required naming of Landlord as an additional insured) other than (in the case of Landlord only) pursuant to a bona fide self-insurance program that complies with Section 7.1, the terms party so failing to maintain and/or obtain insurance coverage (the "failing party") shall nevertheless waive and release (and shall be deemed to have waived and released) the other party (the "non-failing party") from its liability as set forth above, as fully as if the failing party had not so failed to obtain and/or maintain such insurance coverage, but the non-failing party shall in such event not waive or release (or be deemed to have waived or released) any obligation or liability of the Master Lease, Sublessee’s Rent obligations with respect failing party to the Subleased Premises also shall be abated. Sublessor and Sublessee are corporations, and the obligations of Sublessor and Sublessee shall not constitute the personal obligations of the officers, directors, trustees, partners, joint venturers, members, owners, stockholders or other principals or representatives of such corporationsnon-failing party.