Indemnity and Waiver of Subrogation Sample Clauses

Indemnity and Waiver of Subrogation. Notwithstanding any insurance coverage carried by either of the parties hereto, Tenant agrees, at its sole cost and expense at all times during the term of this Lease, to defend, save and hold harmless Landlord, its officers contractors, agents, and employees, free, harmless, and indemnified from all injury, loss, claim and/or damage (including without limitation attorney’s fees and court costs) to any person or property arising from, related to, or in connection with, Tenant’s operations at the Premises, unless such injury, loss, claim or damage is caused by the acts, omission, negligence or willful misconduct of Landlord or Landlord’s agents, employees, contractors or licensees. Tenant shall indemnify and defend Landlord and hold it harmless from and against all losses, expenses, or claims arising out of injury to, or damage to property of, Tenant, its employees, members, managers, agents, customers, guests, invitees, or any other person on or about the Premises. Tenant hereby waives any and all rights of recovery against Landlord for loss or damage occurring in connection with or arising out of Tenant’s operations to the extent such loss or damage is covered by proceeds received from insurance required to be carried under this Lease. This waiver of subrogation shall be in addition to, and not in limitation or derogation of, any other waiver or release contained in this Lease with respect to any loss, damage or injury to person or property. This waiver of subrogation will apply to Tenant’s employees, agents and sub-contractors, and Tenant shall indemnify and hold Landlord harmless from any loss or expense, including attorney fees, resulting from the failure of Tenant to obtain such waiver from its individual employees, agents and sub-contractors. In as much as this waiver will preclude the assignment of any claims by way of subrogation to an insurance company, the parties shall immediately give, to each insurance company providing policy coverage pursuant to this Lease, written notice of the terms of this waiver of subrogation, and shall have each policy properly endorsed as may be needed to prevent the invalidation of coverage by reason of said waiver. The waivers, releases and indemnifications contained herein shall survive the termination or expiration of this Lease.
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Indemnity and Waiver of Subrogation. Tenant shall defend and indemnify Landlord and save it harmless from and against any and all liability, damages, costs, or expenses, Including attorneys' fees, arising from any act, omission, or negligence of Tenant, or the officers, contractors, licensees, agents, servants, employees, guests, invitee, or visitors of Tenant in or about the premises, or arising from any accident, injury, or damage, howsoever and by whomsoever caused, to any person or property, occurring in or about the premises. Whether the loss or damage is due to the negligence of either Tenant or Landlord, their agents or employees, or any other cause, Landlord and Tenant do each herewith and hereby release and relieve the other from responsibility for, and waive their entire claim of recovery for (i) any loss or damage to the real or personal property of either located anywhere in the building and including the building itself, arising out of or incident to the occurrence of any of the perils which may be covered by fire and lightning insurance policy, with extended coverage endorsement, in common use in the Bellevue locality, and policies covering any loss by theft or water damage, and ~i) loss resulting from business interruption at premises arising out of or incident to the occurrence of any of the perils which may be covered by the business Interruption insurance policy in common use in the Bellevue locality; to the extent that such risks under (1) and (1i) are, in fact, covered by Insurance, each party shall cause its insurance carriers to consent to such waiver and to waive all rights of subrogation against the other party.
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Indemnity and Waiver of Subrogation. (a) Owner covenants and agrees to indemnify and save harmless Tenant and any agents, officers and employees, licensees and invitees, of Tenant from and against any and all loss or liability (statutory or otherwise), claims, suits, demands, damages, judgments, costs, interest and expenses (including, but not limited to, counsel fees, witness fees and disbursements incurred in the defense of any action or proceeding), to which they may be subject or which they may suffer, by reason of any claim for, any injury to, or death of, any person or persons (including, without limitation, Tenant, its agents, contractors, employees, licensees and invitees) or damage to property (including any loss of use thereof) arising from or in connection with the common areas of the Building arising from and after the execution of this Lease, or resulting from any default by Owner in the performance of Owner’s obligations under this Lease or from any act, omission or negligence of Owner or any of Owner’s officers, directors, agents, contractors, employees, tenants, licensees or invitees (individually and collectively, “Claims”). Owner shall pay, satisfy and discharge any judgments, orders and decrees which may be recovered against Tenant within ninety days after the rendering thereof. This indemnity shall be construed so that Owner shall defend and indemnify Tenant at Owner’s expense, using counsel satisfactory to Tenant, in each instance in which a Claim is made. Owner shall be responsible for the protection of Tenant under this clause as soon as a Claim is made.
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Indemnity and Waiver of Subrogation. Except as otherwise expressly provided in this Agreement, Famous and Client shall defend, indemnify and hold each other harmless from and against all claims, liability, loss and expense, including reasonable costs, collection expenses, attorneys' fees and court costs that may arise because of the negligence, misconduct or other fault of the indemnifying party, its employees, agents and subcontractors in performance of its obligations under this Agreement or otherwise from a breach of the terms of this Agreement.
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Indemnity and Waiver of Subrogation. Each Party shall indemnify, without regard to insurance proceeds receivable, defend and save the other Party and such Party's agents, contractors and employees harmless from all 8 costs, liabilities, obligations, damages, penalties, claims or actions (including without limitation, any and all sums paid for investigation costs, settlement of claims, consultant and expert fees, and reasonable attorneys' fees, and costs and expenses of litigation and appeal from the first notice of any claim or demand), payable in connection with or resulting from any of the following:
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Indemnity and Waiver of Subrogation. Subtenant shall defend, indemnify and hold Sublandlord harmless from any and all claims and liabilities which may arise out of Subtenant’s use and occupancy of the Premises during the Term of this Sublease Agreement (including any indemnification Sublandlord owes Prime Landlord under the Prime Lease), except for loss or damage which results from or arises out of the negligence of Sublandlord or that of its agents, contractors, or employees. Notwithstanding any provision of this Sublease Agreement to the contrary, with respect to risk that could be covered by standard fire and extended coverage insurance, Sublandlord and Subtenant expressly waive any and all rights of recovery from the other party with respect to the Premises or the contents thereof.
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Indemnity and Waiver of Subrogation 
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Related to Indemnity and Waiver of Subrogation

  • Release and Waiver of Subrogation The parties hereto release each other, and their respective agents and employees, from any liability for injury to any person or damage to property that is caused by or results from any risk insured against under any valid and collectible insurance policy carried by either of the parties which contains a waiver of subrogation by the insurer and is in force at the time of such injury or damage; subject to the following limitations: (i) the foregoing provision shall not apply to the commercial general liability insurance described by subparagraphs Section 9.1A and Section 9.2B; (ii) such release shall apply to liability resulting from any risk insured against or covered by self-insurance maintained or provided by Tenant to satisfy the requirements of Section 9.1 to the extent permitted by this Lease; and (iii) Tenant shall not be released from any such liability to the extent any damages resulting from such injury or damage are not covered by the recovery obtained by Landlord from such insurance, but only if the insurance in question permits such partial release in connection with obtaining a waiver of subrogation from the insurer. 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 reasonable efforts to cause each insurance policy obtained by it to provide that the insurer waives all right of recovery by way of subrogation against the other party and its agents and employees in connection with any injury or damage covered by such policy. However, if any insurance policy cannot be obtained with such a waiver of subrogation, or if such waiver of subrogation is only available at additional cost and the party for whose benefit the waiver is to be obtained does not pay such additional cost, then the party obtaining such insurance shall notify the other party of that fact and thereupon shall be relieved of the obligation to obtain such waiver of subrogation rights from the insurer with respect to the particular insurance involved.

  • Insurance; Waiver of Subrogation 23.1. Landlord shall maintain insurance for the Building and the Project in amounts equal to full replacement cost (exclusive of the costs of excavation, foundations and footings, engineering costs or such other costs to the extent the same are not incurred in the event of a rebuild and without reference to depreciation taken by Landlord upon its books or tax returns) or such lesser coverage as Landlord may elect, provided that such coverage shall not be less than the amount of such insurance Landlord’s Lender, if any, requires Landlord to maintain, providing protection against any peril generally included within the classification “Fire and Extended Coverage,” together with insurance against sprinkler damage (if applicable), vandalism and malicious mischief. Landlord, subject to availability thereof, shall further insure, if Landlord deems it appropriate, coverage against flood, environmental hazard, earthquake, loss or failure of building equipment, rental loss during the period of repairs or rebuilding, Workers’ Compensation insurance and fidelity bonds for employees employed to perform services. Notwithstanding the foregoing, Landlord may, but shall not be deemed required to, provide insurance for any improvements installed by Tenant or that are in addition to the standard improvements customarily furnished by Landlord, without regard to whether or not such are made a part of or are affixed to the Building.

  • Waiver of Subrogation, Etc Notwithstanding anything to the contrary in this Agreement or in any other Loan Document, and except as set forth in Section 12.7, each Borrower hereby expressly and irrevocably waives any and all rights at law or in equity to subrogation, reimbursement, exoneration, contribution, indemnification or set off and any and all defenses available to a surety, guarantor or accommodation co-obligor. Each Borrower acknowledges and agrees that this waiver is intended to benefit Agent and Lenders and shall not limit or otherwise affect such Borrower’s liability hereunder or the enforceability of this Section 12, and that Agent, Lenders and their respective successors and assigns are intended third party beneficiaries of the waivers and agreements set forth in this Section 12.4.

  • Waiver of Subrogation Until this Indenture is discharged and all of the Notes are discharged and paid in full, each Guarantor hereby irrevocably waives and agrees not to exercise any claim or other rights which it may now or hereafter acquire against the Company that arise from the existence, payment, performance or enforcement of the Company’s obligations under the Notes or this Indenture and such Guarantor’s obligations under this Guarantee and this Indenture, in any such instance including, without limitation, any right of subrogation, reimbursement, exoneration, contribution, indemnification, and any right to participate in any claim or remedy of the Holders against the Company, whether or not such claim, remedy or right arises in equity, or under contract, statute or common law, including, without limitation, the right to take or receive from the Company, directly or indirectly, in cash or other property or by set-off or in any other manner, payment or security on account of such claim or other rights. If any amount shall be paid to any Guarantor in violation of the preceding sentence and any amounts owing to the Trustee or the Holders of Notes under the Notes, this Indenture, or any other document or instrument delivered under or in connection with such agreements or instruments, shall not have been paid in full, such amount shall have been deemed to have been paid to such Guarantor for the benefit of, and held in trust for the benefit of, the Trustee or the Holders and shall forthwith be paid to the Trustee for the benefit of itself or such Holders to be credited and applied to the obligations in favor of the Trustee or the Holders, as the case may be, whether matured or unmatured, in accordance with the terms of this Indenture. Each Guarantor acknowledges that it will receive direct and indirect benefits from the financing arrangements contemplated by this Indenture and that the waiver set forth in this Section 11.05 is knowingly made in contemplation of such benefits.

  • Mutual Waiver of Subrogation Landlord hereby releases Tenant, and Tenant hereby releases Landlord and its 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 Leased Premises or the Property which is caused by or results from a peril or event or happening which is covered by insurance actually carried and in force at the time of the loss by the party sustaining such loss; provided, however, that such waiver shall be effective only to the extent permitted by the insurance covering such loss and to the extent such insurance is not prejudiced thereby.

  • Waiver of Subrogation Rights (15) Neither the Lessor nor the Lessee shall be liable to the other for loss arising out of damage to or destruction of the Premises, or the building or improvement of which the Premises are a part or with which they are connected, or the contents of any thereof, when such loss is caused by any of the perils which are or could be included within or insured against by a standard form of fire insurance with extended coverage, including sprinkler leakage insurance, if any. All such claims for any and all loss, however caused, hereby are waived. Such absence of liability shall exist whether or not the damage or destruction is caused by the negligence of either Lessor or Lessee or by any of their respective agents, servants or employees. It is the intention and agreement of the Lessor and the Lessee that the rentals reserved by this lease have been fixed in contemplation that both parties shall fully provide their own insurance protection at their own expense, and that both parties shall look to their respective insurance carriers for reimbursement of any such loss, and further, that the insurance carriers involved shall not be entitled to subrogation under any circumstances against any party to this lease. Neither the Lessor nor the Lessee shall have any interest or claim in the other’s insurance policy or policies, or the proceeds thereof, unless specifically covered therein as a joint insured.

  • Indemnity and Subrogation In addition to all such rights of indemnity and subrogation as the Guarantors may have under applicable law (but subject to Section 6.03), the Borrower agrees that (a) in the event a payment shall be made by any Guarantor under this Agreement, the Borrower shall indemnify such Guarantor for the full amount of such payment and such Guarantor shall be subrogated to the rights of the person to whom such payment shall have been made to the extent of such payment and (b) in the event any assets of any Guarantor shall be sold pursuant to this Agreement or any other Security Document to satisfy in whole or in part a claim of any Secured Party, the Borrower shall indemnify such Guarantor in an amount equal to the greater of the book value or the fair market value of the assets so sold.

  • Waiver of Rights of Subrogation Notwithstanding anything to the contrary elsewhere contained herein or in any other Loan Document to which Guarantor is a party, Guarantor hereby expressly waives with respect to Borrower and its successors and assigns (including any surety) and any other Person which is directly or indirectly a creditor of Borrower or any surety for Borrower, any and all rights at law or in equity to subrogation, to reimbursement, to exoneration, to contribution (except as specifically provided in Section 11 below), to setoff or to any other rights that could accrue to a surety against a principal, to a guarantor against a maker or obligor, to an accommodation party against the party accommodated, or to a holder or transferee against a maker, and which Guarantor may have or hereafter acquire against Borrower or any other such Person in connection with or as a result of Guarantor's execution, delivery and/or performance of this Guaranty or any other Loan Document to which Guarantor is a party. Guarantor agrees that it shall not have or assert any such rights against Borrower or its successors and assigns or any other Person (including any surety) which is directly or indirectly a creditor of Borrower or any surety for Borrower, either directly or as an attempted setoff to any action commenced against Guarantor by Borrower (as a Borrower or in any other capacity), Beneficiary or any other such Person. Guarantor hereby acknowledges and agrees that this waiver is intended to benefit Borrower and Beneficiary and shall not limit or otherwise affect Guarantor's liability hereunder, under any other Loan Document to which Guarantor is a party, or the enforceability hereof or thereof.

  • Non-Exclusivity; Survival of Rights; Insurance; Primacy of Indemnification; Subrogation (a) The rights of indemnification and to receive advancement as provided by this Agreement shall not be deemed exclusive of any other rights to which Indemnitee may at any time be entitled under applicable law, the Charter, the Bylaws, any agreement, a vote of stockholders or a resolution of directors, or otherwise. No amendment, alteration or repeal of this Agreement or of any provision hereof shall limit or restrict any right of Indemnitee under this Agreement in respect of any action taken or omitted by such Indemnitee in his or her Corporate Status prior to such amendment, alteration or repeal. To the extent that a change in Delaware law, whether by statute or judicial decision, permits greater indemnification or advancement than would be afforded currently under the Charter, Bylaws and this Agreement, it is the intent of the parties hereto that Indemnitee shall enjoy by this Agreement the greater benefits so afforded by such change. No right or remedy herein conferred is intended to be exclusive of any other right or remedy, and every other right and remedy shall be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other right or remedy.

  • Waiver of Notice; Subrogation (a) Each Guarantor hereby waives to the extent permitted by law notice of the following events or occurrences: (i) acceptance of this Guaranty Agreement; (ii) the Lenders’ heretofore, now or from time to time hereafter making Loans and issuing Letters of Credit and otherwise loaning monies or giving or extending credit to or for the benefit of any Borrower or any other Loan Party, or otherwise entering into arrangements with any Loan Party giving rise to Guaranteed Liabilities, whether pursuant to the Credit Agreement or the Notes or any other Loan Document or Related Agreement or any amendments, modifications, or supplements thereto, or replacements or extensions thereof; (iii) presentment, demand, default, non-payment, partial payment and protest; and (iv) any other event, condition, or occurrence described in Section 3 hereof. Each Guarantor agrees that each Secured Party may heretofore, now or at any time hereafter do any or all of the foregoing in such manner, upon such terms and at such times as each Secured Party, in its sole and absolute discretion, deems advisable, without in any way or respect impairing, affecting, reducing or releasing such Guarantor from its Guarantor’s Obligations, and each Guarantor hereby consents to each and all of the foregoing events or occurrences.

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