Waivers of Subrogation. TxDOT waives all rights against the Developer-Related Entities, and Developer waives all rights against the Indemnified Parties, for any claims to the extent covered by insurance obtained pursuant to this Section 9, except such rights as they may have to the proceeds of such insurance. If Developer is deemed to self-insure a claim or loss under Section 9.2.3, then Developer’s waiver shall apply as if it carried the required insurance. Developer shall require all Subcontractors to provide similar waivers in writing each in favor of all other Persons enumerated above. Subject to Section 9.1.11, each policy, including workers’ compensation if permitted under the applicable worker’s compensation insurance laws, shall include a waiver of any right of subrogation against the Indemnified Parties or the insurers consent to the insured’s waiver of recovery in advance of loss. However, no waiver of subrogation rights under any policy providing professional liability coverage to the insureds shall be required of any party.
Appears in 12 contracts
Samples: Comprehensive Development Agreement, Development Agreement, Development Agreement
Waivers of Subrogation. TxDOT waives all rights against the DeveloperDB Contractor-Related Entities, and Developer DB Contractor waives all rights against the Indemnified Parties, for any claims to the extent covered by insurance obtained pursuant to this Section 9, except such rights as they may have to the proceeds of such insurance. If Developer DB Contractor is deemed to self-insure a claim or loss under Section 9.2.3, then DeveloperDB Contractor’s waiver shall apply as if it carried the required insurance. Developer DB Contractor shall require all Subcontractors to provide similar waivers in writing each in favor of all other Persons enumerated above. Subject to Section 9.1.11, each policy, including workers’ compensation if permitted under the applicable worker’s compensation insurance laws, shall include a waiver of any right of subrogation against the Indemnified Parties or the insurers insurer’s consent to the insured’s waiver of recovery in advance of loss. However, no waiver of subrogation rights under any policy providing professional liability coverage to the insureds shall be required of any party.
Appears in 7 contracts
Samples: Design Build Agreement, Design Build Agreement, Design Build Agreement
Waivers of Subrogation. TxDOT waives all rights against the Developer-Related Entities, and Developer waives all rights against the Indemnified Parties, for any claims to the extent covered by insurance obtained pursuant to this Section 9, except such rights as they may have to the proceeds of such insurance. If Developer is deemed to self-insure self -insure a claim or loss under Section 9.2.3, then Developer’s waiver shall apply as if it carried the required insurance. Developer shall require all Subcontractors to provide similar waivers in writing each in favor of all other Persons enumerated above. Subject to Section 9.1.11, each policy, including workers’ compensation if permitted under the applicable worker’s compensation insurance laws, shall include a waiver of any right of subrogation against the Indemnified Parties or the insurers consent to the insured’s waiver of recovery in advance of loss. However, no waiver of subrogation rights under any policy providing professional profess ional liability coverage to the insureds shall be required of any party.
Appears in 1 contract
Samples: Development Agreement