Common use of Waiver of Subrogation Rights Clause in Contracts

Waiver of Subrogation Rights. Each party hereto waives all rights of recovery, claims, actions or causes of actions arising in any manner in its (the “Injured Party’s”) favor and against the other party for loss or damage to the Injured Party’s property located within or constituting a part or all of the Project, to the extent the loss or damage: (a) is covered by the Injured Party’s insurance; or (b) would have been covered by the insurance the Injured Party is required to carry under this Lease, whichever is greater, regardless of the cause or origin, INCLUDING THE SOLE, CONTRIBUTORY, PARTIAL, JOINT, COMPARATIVE OR CONCURRENT NEGLIGENCE OF THE OTHER PARTY. This waiver also applies to each party’s directors, officers, employees, shareholders, partners, representatives and agents. All insurance carried by either Landlord or Tenant covering the losses and damages described in this Section 7.5 shall provide for such waiver of rights of subrogation by the Injured Party’s insurance carrier to the maximum extent that the same is permitted under the laws and regulations governing the writing of insurance within the state in which the Building is located. Both parties hereto are obligated to obtain such a waiver and provide evidence to the other party of such waiver. The waiver set forth in this Section 7.5 shall be in addition to, and not in substitution for, any other waivers, indemnities or exclusions of liability set forth in this Lease.

Appears in 4 contracts

Samples: Lease Agreement (Viamet Pharmaceuticals Holdings LLC), Lease Agreement (Viamet Pharmaceuticals Holdings LLC), Lease Agreement (Viamet Pharmaceuticals Holdings LLC)

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Waiver of Subrogation Rights. Each party hereto waives all rights of recovery, claims, actions or causes of actions arising in any manner in its (the “Injured Party’s”"INJURED PARTY'S") favor and against the other party for loss or damage to the Injured Party’s 's property located within or constituting a part or all of the Project, to the extent the loss or damage: (a) is covered by the Injured Party’s 's insurance; or (b) would have been covered by the insurance the Injured Party is required to carry under this Lease, whichever is greater, regardless of the cause or origin, INCLUDING THE SOLEincluding the sole, CONTRIBUTORYcontributory, PARTIALpartial, JOINTjoint, COMPARATIVE OR CONCURRENT NEGLIGENCE OF THE OTHER PARTYcomparative or concurrent negligence of the other party. This waiver also applies to each party’s 's directors, officers, employees, shareholders, partners, representatives and agents. All insurance carried by either Landlord or Tenant covering the losses and damages described in this Section SECTION 7.5 shall provide for such waiver of rights of subrogation by the Injured Party’s 's insurance carrier to the maximum extent that the same is permitted under the laws and regulations governing the writing of insurance within the state in which the Building is located. Both parties hereto are obligated to obtain such a waiver and provide evidence to the other party of such waiver. The waiver set forth in this Section SECTION 7.5 shall be in addition to, and not in substitution for, any other waivers, indemnities or exclusions of liability set forth in this Lease.

Appears in 2 contracts

Samples: Lease (Texas Roadhouse, Inc.), Lease (Texas Roadhouse, Inc.)

Waiver of Subrogation Rights. Each party hereto waives all ---------------------------- rights of recovery, claims, actions or causes of actions arising in any manner in its (the "Injured Party’s”'s") favor and against the other party for loss or damage to the Injured Party’s 's property located within or constituting a part or all of the Project, to the extent the loss or damage: (a) is covered by the Injured Party’s 's insurance; or (b) would have been covered by the insurance the Injured Party is required to carry under this Lease, whichever is greater, regardless of the cause or origin, INCLUDING THE SOLEincluding the sole, CONTRIBUTORYcontributory, PARTIALpartial, JOINTjoint, COMPARATIVE OR CONCURRENT NEGLIGENCE OF THE OTHER PARTYcomparative or concurrent negligence of the other party. This waiver also applies to each party’s 's directors, officers, employees, shareholders, partners, representatives and agents. All insurance carried by either Landlord or Tenant covering the losses and damages described in this Section 7.5 shall provide for such waiver of rights of subrogation by the Injured Party’s 's insurance carrier to the maximum extent that the same is permitted under the laws and regulations governing the writing of insurance within the state in which the Building is located. Both parties hereto are obligated to obtain such a waiver and provide evidence to the other party of such waiver. The waiver set forth in this Section 7.5 shall be in addition to, and not in substitution for, any other waivers, indemnities or exclusions of liability set forth in this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Network Access Solutions Corp), Lease Agreement (Network Access Solutions Corp)

Waiver of Subrogation Rights. Each party hereto waives all rights of recovery, claims, actions or causes of actions arising in any manner in its (the “Injured Party’s”) favor and against the other party for loss or damage to the Injured Party’s property located within or constituting a part or all of the Project, to the extent the loss or damage: (a) is covered by the Injured Party’s insurance; or (b) would have been covered by the insurance the Injured Party is required to carry under this Lease, whichever is greater, regardless of the cause or origin, INCLUDING THE SOLEincluding the sole, CONTRIBUTORYcontributory, PARTIALpartial, JOINTjoint, COMPARATIVE OR CONCURRENT NEGLIGENCE OF THE OTHER PARTYcomparative or concurrent negligence of the other party. This waiver also applies to each party’s directors, officers, employees, shareholders, partners, representatives and agents. All insurance carried by either Landlord or Tenant covering the losses and damages described in this Section 7.5 shall provide for such waiver of rights of subrogation by the Injured Party’s insurance carrier to the maximum extent that the same is permitted under the laws and regulations governing the writing of insurance within the state in which the Building is located. Both parties hereto are obligated to obtain such a waiver and provide evidence to the other party of such waiver. The waiver set forth in this Section 7.5 shall be in addition to, and not in substitution for, any other waivers, indemnities or exclusions of liability set forth in this Lease.

Appears in 1 contract

Samples: Lease Agreement (Texas Roadhouse, Inc.)

Waiver of Subrogation Rights. Each party hereto waives all rights of recovery, claims, actions or causes of actions arising in any manner in its (the "Injured Party’s”'s") favor and against the other party for loss or damage to the Injured Party’s 's property located within or constituting a part or all of the ProjectPremises, to the extent the loss or damage: (a) is covered by the Injured Party’s 's insurance; or (b) would have been covered by the insurance the Injured Party is required to carry under this Lease, whichever is greater, regardless of the cause or origin, INCLUDING THE SOLEincluding the sole, CONTRIBUTORYcontributory, PARTIALpartial, JOINTjoint, COMPARATIVE OR CONCURRENT NEGLIGENCE OF THE OTHER PARTYcomparative or concurrent negligence of the other party. This waiver also applies to each party’s 's directors, officers, employees, shareholders, partners, representatives and agents. All insurance carried by either Landlord or Tenant covering the losses and damages described in this Section 7.5 6.5 shall provide for such waiver of rights of subrogation by the Injured Party’s 's insurance carrier to the maximum extent that the same is permitted under the laws and regulations governing the writing of insurance within the state in which the Building is located. Both parties hereto are obligated to obtain such a waiver and provide evidence to the other party of such waiver. The waiver set forth in this Section 7.5 6.5 shall be in addition to, and not in substitution for, any other waivers, indemnities or exclusions of liability set forth in this Lease.

Appears in 1 contract

Samples: Lease Agreement (Internet Commerce Corp)

Waiver of Subrogation Rights. Each party hereto waives all rights of recovery, claims, actions or causes of actions arising in any manner in its (the "Injured Party’s”'s") favor and against the other party for loss or damage to the Injured Party’s 's property located within or constituting a part or all of the ProjectLand or the Premises, to the extent the loss or damage: (a) is covered by the Injured Party’s 's insurance; or (b) would have been covered by the insurance the Injured Party is required to carry under this Lease, whichever is greater, regardless of the cause or origin, INCLUDING THE SOLEincluding the sole, CONTRIBUTORYcontributory, PARTIALpartial, JOINTjoint, COMPARATIVE OR CONCURRENT NEGLIGENCE OF THE OTHER PARTYcomparative or concurrent negligence of the other party. This waiver also applies to each party’s 's directors, officers, employees, shareholders, partners, representatives and agents. All insurance carried by either Landlord or Tenant covering the losses and damages described in this Section 7.5 shall provide for such waiver of rights of subrogation by the Injured Party’s 's insurance carrier to the maximum extent that the same is permitted under the laws and regulations governing the writing of insurance within the state in which the Building is located. Both parties hereto are obligated to obtain such a waiver and provide evidence to the other party of such waiver. The waiver set forth in this Section 7.5 shall be in addition to, and not in substitution for, any other waivers, indemnities or exclusions of liability set forth in this Lease.

Appears in 1 contract

Samples: Asset Purchase Agreement (Matria Healthcare Inc)

Waiver of Subrogation Rights. Each party hereto waives all rights of recovery, claims, actions or causes of actions arising in any manner in its (the "Injured Party’s”'s") favor and against the other party for loss or damage to the Injured Party’s 's property located within or constituting a part or all of the Project, to the extent the loss or damagedamage is covered by: (ai) is covered by the Injured Party’s 's insurance; or (bii) would have been covered by the insurance the Injured Party is required to carry under this Lease, whichever is greater, regardless of the cause or origin, INCLUDING THE SOLEincluding the sole, CONTRIBUTORYcontributory, PARTIALpartial, JOINTjoint, COMPARATIVE OR CONCURRENT NEGLIGENCE OF THE OTHER PARTYcomparative or concurrent negligence of the other party. This waiver also applies to each party’s 's directors, officers, employees, shareholders, partners, representatives and agents. All insurance carried by either Landlord or Tenant covering the losses and damages described in this Section 7.5 6.05 shall provide for such a waiver of rights of subrogation by the Injured Party’s 's insurance carrier against the other party, to the maximum extent that the same is permitted under the laws and regulations governing the writing of insurance within the state in which the Building is locatedState of Texas. Both parties hereto are obligated to obtain such a waiver and provide evidence to the other party of such waiver. The waiver set forth in this Section 7.5 6.05 shall be in addition to, and not in substitution for, any other waivers, indemnities or exclusions of liability set forth in this Lease.

Appears in 1 contract

Samples: Lease Agreement (Murray Income Properties Ii LTD)

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Waiver of Subrogation Rights. Each party hereto waives all rights of recovery, claims, actions or causes of actions arising in any manner in its (the “Injured Party’s”) favor and against the other party for loss or damage to the Injured Party’s property located within or constituting a part or all of the Project, to the extent the loss or damage: (a) is covered by the Injured Party’s insurance; or (b) would have been covered by the insurance the Injured Party is required to carry under this Lease, whichever is greater, regardless of the cause or origin, INCLUDING THE SOLEincluding the sole, CONTRIBUTORYcontributory, PARTIALpartial, JOINTjoint, COMPARATIVE OR CONCURRENT NEGLIGENCE OF THE OTHER PARTYcomparative or concurrent negligence of the other party. This waiver also applies to each party’s directors, officers, employees, shareholders, partners, representatives and agents. All insurance carried by either Landlord or Tenant covering the losses and damages described in this Section 7.5 shall provide for such waiver of rights of subrogation by the Injured Party’s insurance carrier to the maximum extent that the same is permitted under the laws and regulations governing the writing of insurance within the state in which the Building is located. Both parties hereto are obligated to obtain such a waiver and provide evidence to the other party of such waiver. The waiver set forth in this Section 7.5 shall be in addition to, and not in substitution for, any other waivers, indemnities or exclusions of liability set forth in this Lease.

Appears in 1 contract

Samples: Master Lease Agreement (Texas Roadhouse, Inc.)

Waiver of Subrogation Rights. Each party hereto waives all rights of recovery, claims, actions or causes of actions arising in any manner in its (the “Injured Party’s”) favor and against the other party for loss or damage to the Injured Party’s property located within or constituting a part or all of the Project, Project to the extent the loss or damage: (a) is covered by the Injured Party’s insurance; or (b) would have been covered by the insurance the Injured Party is required to carry under this Lease, whichever is greater, regardless of the cause or origin, INCLUDING THE SOLEincluding the sole, CONTRIBUTORYcontributory, PARTIALpartial, JOINTjoint comparative or concurrent negligence of the other party, COMPARATIVE OR CONCURRENT NEGLIGENCE OF THE OTHER PARTY. This waiver also applies to each party’s directors, officers, employees, shareholders, partners, representatives and agents. All insurance carried by either Landlord or Tenant covering the losses and damages described in this Section 7.5 shall provide for such waiver of rights of subrogation by the Injured Party’s insurance carrier to the maximum extent that the same is permitted under the laws and regulations governing the writing of insurance within the state in which the Building is located. Both parties hereto are obligated to obtain such a waiver and provide evidence to the other party of such waiver. The waiver set forth in this Section 7.5 shall be in addition to, and not in substitution for, any other waivers, indemnities or exclusions of liability set forth in this Lease.

Appears in 1 contract

Samples: Lease Agreement (Texas Roadhouse, Inc.)

Waiver of Subrogation Rights. Each party hereto waives all ---------------------------- rights of recovery, claims, actions or causes of actions arising in any manner in its (the "Injured Party’s”Parties") favor and against the other party for loss or --------------- damage to the Injured Party’s 's property located within or constituting a part or all of the Project, to the extent the loss or damage: (a) is covered by the Injured Party’s 's insurance; or (b) would have been covered by the insurance the Injured Party is required to carry under this Lease, whichever is greater, regardless of the cause or origin, INCLUDING THE SOLEincluding the sole, CONTRIBUTORYcontributory, PARTIALpartial, JOINTjoint, COMPARATIVE OR CONCURRENT NEGLIGENCE OF THE OTHER PARTYcomparative or concurrent negligence of the other party. This waiver also applies to each party’s 's directors, officers, employees, shareholders, partners, representatives and agents. All insurance carried by either Landlord or Tenant covering the losses and damages described in this Section 7.5 shall provide for such waiver of rights of subrogation by the Injured Party’s 's insurance carrier to the maximum extent that the same is permitted under the laws and regulations governing the writing of insurance within the state in which the Building is located. Both parties hereto are obligated to obtain such a waiver and provide evidence to the other party of such waiver. The waiver set forth in this Section 7.5 shall be in addition to, and not in substitution for, any other waivers, indemnities or exclusions of liability set forth in this Lease.

Appears in 1 contract

Samples: Lease Agreement (Naviant Inc)

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