Waiver of Subrogation Rights. Notwithstanding anything to the contrary contained herein, Port and Tenant (each a "Waiving Party") each hereby waives any right of recovery against the other party for any loss or damage sustained by such other party with respect to the Facility or the Premises or any portion thereof or the contents of the same or any operation therein, whether or not such loss is caused by the fault or negligence of such other party, to the extent such loss or damage is covered by insurance which is required to be purchased by the Waiving Party under this Lease or is actually covered by insurance obtained by the Waiving Party. Each Waiving Party agrees to cause its insurers to issue appropriate waiver of subrogation rights endorsements to all policies relating to the Facility or the Premises; provided, the failure to obtain any such endorsement shall not affect the above waiver.
Appears in 6 contracts
Samples: Lease Agreement, Lease Agreement, Lease Agreement
Waiver of Subrogation Rights. Notwithstanding anything to the contrary contained herein, Port and Tenant Licensee (each a "Waiving Party") each hereby waives any right of recovery against the other party for any loss or damage sustained by such other party with respect to the Facility or the Premises License Area or any portion thereof or the contents of the same or any operation therein, whether or not such loss is caused by the fault or negligence of such other party, to the extent such loss or damage is covered by insurance which is required to be purchased by the Waiving Party under this Lease License or is actually covered by insurance obtained by the Waiving Party. Each Waiving Party agrees to cause its insurers to issue appropriate waiver of subrogation rights endorsements to all policies relating to the Facility or the PremisesLicense Area; provided, the failure to obtain any such endorsement shall not affect the above waiver.
Appears in 5 contracts
Samples: License to Use Property, License to Use Property, License Agreement
Waiver of Subrogation Rights. Notwithstanding anything to the contrary contained herein, Port and Tenant the Xxxx Trust (each a "Waiving Party") each hereby waives any right of recovery against the other party Party for any loss or damage sustained by such other party Party with respect to the Facility or the Premises Former Xxxxxx Avenue or any portion thereof or the contents of the same or any operation therein, whether or not such loss is caused by the fault or negligence of such other partyParty, to the extent such loss or damage is covered by insurance which is required to be purchased by the Waiving Party under this Lease Agreement or is actually covered by insurance obtained by the Waiving Party. Each Waiving Party agrees to cause its insurers to issue appropriate waiver of subrogation rights endorsements to all policies relating to the Facility or the PremisesFormer Xxxxxx Avenue; provided, the failure to obtain any such endorsement shall not affect the above waiver.
Appears in 1 contract
Samples: Settlement Agreement
Waiver of Subrogation Rights. Notwithstanding anything to the contrary contained herein, Port Landlord and Tenant (each a "Waiving Party") each hereby waives any right of recovery against the other party for any loss or damage sustained by such other party with respect to the Facility or the Premises or any portion thereof or the contents of the same or any operation therein, whether or not such loss is caused by the fault or negligence of such other party, to the extent such loss or damage is covered by insurance which is required to be purchased by the Waiving Party under this Lease or is actually covered by insurance obtained by the Waiving Party. Each Waiving Party agrees to cause its insurers to issue appropriate waiver of subrogation rights endorsements to all policies relating to the Facility or the Premises; provided, the failure to obtain any such endorsement shall not affect the above waiver.
Appears in 1 contract
Samples: Lease Agreement