Wavier of Subrogation. Lessor and Tenant hereby release and waive for the duration of this Lease Agreement and any extension or renewal thereof their respective rights of recovery against each other for any loss resulting from perils of fire and/or extended coverage as defined in fire insurance policies issued to either Lessor or Tenant in effect at the time of loss, provided that such waiver and release shall apply only in the event such agreement does not prejudice the insurance afforded by such policies.
Wavier of Subrogation. The parties release each other, and their respective authorized representatives, from any claims for damage to any person or to the Premises and the building and other improvements in which the Premises are located, and to the fixtures, personal property, Lessee's improvements and alterations of either Lessor or Lessee in or about the Premises and the building and other improvements in which the Premises are located that are caused by or result from risks insured against under any insurance policies carried by the parties and in force at the time of any such damage.
28.4.1 Each party shall cause each insurance policy obtained by it to provide that the insurance company waives all right of recovery by way of subrogation against either party in connection with any damage covered by any policy. Neither party shall be liable to the other for any damage caused by fire or any of the risks insured against under any insurance policy required by this Lease. If any insurance policy cannot be obtained with a waiver of subrogation, or is obtainable only by the payment of an additional premium charge above that charged by insurance companies issuing policies without waiver of subrogation, the party undertaking to obtain the insurance shall notify the other party of this fact. The other party shall have a period of ten (10) days after receiving the notice either to place the insurance with a company that is reasonably satisfactory to the other party and that will carry the insurance with a waiver of subrogation, or to agree to pay the additional premium if such a policy is obtainable at additional cost. If the insurance cannot be obtained or the party in whose favor a waiver of subrogation is desired refuses to pay the additional premium charged, the other party is relieved of the obligation to obtain a waiver of subrogation rights with respect to the particular insurance involved.
Wavier of Subrogation. All insurance required under this agreement shall contain a waiver of subrogation as to Client, Owner and MidPen Housing Corporation, and all of their respective assigns, subsidiaries, affiliates, employees, insurers and underwriters, and of any right of the insurers to any set-off or counterclaim or any other deduction, whether by attachment or otherwise, in respect of any liability of any person insured under any such policy (Workers Compensation – where permitted). Consultant further waives all claims and all rights of subrogation against Additional Insureds’ other contractors and all of their respective assigns, subsidiaries, affiliates, employees, insurers and underwriters for loss of, or damage to, Consultant’s Scope, tools, machinery, equipment, material, supplies, or any other losses within the scope of any insurance maintained by Consultant. If any of the Additional Insureds is partially or wholly self-insured, then the waiver of subrogation shall apply as if they were in fact covered by their own insurance.
Wavier of Subrogation. The CITY waives its right of subrogation for damage to premises, contents therein, loss of income, up to the amount of insurance proceeds collected. MJTC waives its right of subrogation for dan1age to the premises, contents therein, loss of income, up to the amount of respective insurance proceeds collected. The parties shall notify their respective insurance companies, in writing, of the provisions of this paragraph, and if either cannot waive its subrogation rights, shall immediately notify the other party, in writing.
Wavier of Subrogation. Except for Professional Liability or where not legally allowed, all policies of Contractor’s Insurance shall include a waiver of subrogation by the insurers in favor of Owner and Lenders and each of their respective assignees, affiliates, agents, officers, directors, employees, insurers or policy issuers and a wavier of any right of the insurers to any set-off or counterclaim, whether by endorsement or otherwise, in respect of any type of liability of any of the persons insured under any such policies.
Wavier of Subrogation. Landlord and Tenant mutually waive, as against one another, all rights of recovery for damage sustained by either caused by the other to the extent that the damage is compensated for by insurance maintained by the damaged party, and Landlord and Tenant agree that no party shall have any claim against the other by way of subrogation or assignment. Landlord and Tenant, to the extent possible, shall obtain policy provisions from their insurers allowing for this waiver.
Wavier of Subrogation. Commercial General Liability and Workers’ Compensation coverages must each contain a waiver of subrogation in favor of County and its Agents for losses arising from work performed by or on behalf of the District.
Wavier of Subrogation. Landlord and Tenant each hereby waives on behalf of itself and its property insurers (none of which shall ever be assigned any such claim or be entitled thereto due to subrogation or otherwise) any and all rights of recovery, claim, action, or cause of action, against the other, its agents, officers, servants, partners, shareholders, or employees, and against every other tenant in the building who shall have executed a similar waiver as set forth in this Section, and the agents, officers, servants, partners, shareholders and employees of each such other tenant, for any loss or damage that may occur to the Leased Premises, or any improvements thereto, or the Building or any improvements thereto, or any personal property of such party therein, by reason of fire, the elements, or any other cause or origin, which is insured against under any property insurance policy actually being maintained from time to time, even if not required hereunder, or which would be insured against under the terms of any insurance policy required to be carried or maintained hereunder, whether or not such insurance coverage is actually being maintained by Tenant and regardless of the cause or origin, including in every instance negligence of the other party hereto, its agents, officers, or employees, or the negligence of any other tenant in the Building who shall have executed a similar waiver, or its agents, servants or employees. Landlord and Tenant each agree to cause appropriate clauses to be included in their property insurance policies necessary to implement the foregoing provisions.
Wavier of Subrogation. Landlord and Tenant agree to have all property and liability insurance which may be carried or is required to be carried by either of them endorsed, unless policy language has already been provided, with a clause providing that any release from liability of or waiver of claim for recovery from the other party or any of the parties named in this Agreement entered into in writing by the insured thereunder prior to any loss or damage shall not affect the validity of said policy or the right of the insured to recover thereunder, and providing further than the insurer waives all rights of subrogation which such insurer might have against the other party or any of the parties named in this Agreement. Without limiting any release or waiver of liability or recovery contained in any other provision of this Agreement but rather in confirmation and furtherance thereof, Landlord and any beneficiaries of Landlord waive all claims for recovery from Tenant, and Tenant and any beneficiaries of Tenant waive all claims for recovery from Landlord, any beneficiaries of Landlord and the managing agent for the Premises and their respective agents, partners, members, managers and employees, for any loss or damage to any of its property, resultant loss of income or extra expenses, or liability claims occurring on the Premises.
Wavier of Subrogation. Tenant waives claims arising in any manner in its favor and against the Landlord for loss or damage to Tenant's property located within the Building.
