Common use of Insurance and Waiver of Claims Clause in Contracts

Insurance and Waiver of Claims. Without limiting the generality of the terms of Section 4.1 above, Sub-Subtenant shall obtain and keep in full force and effect at all times during the Sub-Sublease Term all of the liability and property insurance coverages required to be maintained by “Tenant” under the Master Lease with regard to the Sub-Sublease Premises. Notwithstanding anything to the contrary contained herein and for the avoidance of doubt, Sub-Subtenant shall only obtain liability and property insurance coverages for the portion of the Sub-Sublease Premises Sub-Subtenant is occupying. Sub-Sublandlord shall obtain and keep in full force and effect at all times during the Sub-Sublease Term, as applicable, all of the liability and property insurance coverages required to be maintained by Sub-Sublandlord under the Master Lease and the Master Sublease and Sub-Subtenant shall not be liable for any losses or damages arising out of an Existing Subtenant’s default under the applicable Existing Sublease. Where the Master Lease requires that Master Landlord be named as an additional insured on the policies required thereunder, Sub-Subtenant shall name Sub-Sublandlord, Chinook, and Master Landlord as additional insureds under such policies. Notwithstanding anything to the contrary contained herein, Sub-Sublandlord and Sub-Subtenant hereby waive and release, all claims against each other, and against the agents, employees and contractors of each other, for any loss or damage sustained by each other to the extent such claims are insured against under any standard broad form property policy, or other property policies maintained by Sub-Sublandlord or Sub-Subtenant, or required to be maintained by Sub-Sublandlord or Sub-Subtenant under this Sub-Sublease, or which would normally be covered by all-risk property insurance, regardless of whether such policy is in effect at the time of the loss and without regard to the negligence or willful misconduct of the entity so released. Sub-Subtenant’s insurers hereby waive and release Master Landlord, Chinook, and Sub-Sublandlord from and against any and all claims, damages, losses, and liabilities for any bodily injury, loss of life or property damage occurring on or about the Sub-Sublease Premises, or any part thereof, from any cause whatsoever, other than the gross negligence of Sub-Sublandlord, Chinook, or Master Landlord, which shall remain the sole responsibility of the party that acts with gross negligence, or whose omissions shall constitute gross negligence. Sub-Subtenant shall cause its property insurance policy to contain a waiver of subrogation clause as required by the Master Lease as incorporated herein.

Insurance and Waiver of Claims. Without limiting the generality of the terms of Section 4.1 above, Sub-Subtenant shall obtain and keep in full force and effect at all times during the Sub-Sublease Term all of the liability and property insurance coverages required to be maintained by “Tenant” Sublandlord under the Master Lease with regard to the Sub-Sublease PremisesLease. Notwithstanding anything to the contrary contained herein and for the avoidance of doubt, Sub-Subtenant shall only obtain liability and property insurance coverages for the portion of the Sub-Sublease Premises Sub-Subtenant is occupying. Sub-Sublandlord shall obtain and keep in full force and effect at all times during the Sub-Sublease Term, as applicable, all of the liability and property insurance coverages required to be maintained by Sub-Sublandlord under the Master Lease for the portion of the Sublease Premises not occupied by Subtenant and the Master Sublease and Sub-Subtenant shall not be liable for any losses or damages arising out of an Existing Subtenant’s default under the applicable Existing Sublease. Where For purposes of clarification, where the Master Lease requires that Master Landlord be named as an additional insured on the policies required thereunder, Sub-Subtenant shall name Sub-Sublandlord, Chinook, both Sublandlord and Master Landlord as additional insureds under such policies. Notwithstanding anything to the contrary contained herein, Sub-Sublandlord Sublandlord’s and Sub-Subtenant Subtenant’s respective insurers hereby waive and release, all claims against each other, and against the agents, employees and contractors of each other, for any loss or damage sustained by each other to the extent such claims are insured against under any standard broad form property policy, or other property policies maintained by Sub-Sublandlord or Sub-Subtenant, or required to be maintained by Sub-Sublandlord or Sub-Subtenant under this Sub-Sublease, or which would normally be covered by all-risk property insurance, regardless of whether such policy is in effect at the time of the loss and without regard to the negligence or willful misconduct of the entity so releasedloss. Sub-Subtenant’s insurers hereby waive and release Master Landlord, Chinook, Landlord and Sub-Sublandlord from and against any and all claims, damages, losses, and liabilities for any bodily injury, loss of life or property damage occurring on or about the Sub-Sublease Premises, or any part thereof, from any cause whatsoever, other than the gross negligence of Sub-Sublandlord, Chinook, Sublandlord or Master Landlord, which shall remain the sole responsibility of the party that acts with gross negligence, or whose omissions shall constitute gross negligence. Sub-Subtenant shall cause its property insurance policy to contain a waiver of subrogation clause as required by the Master Lease as incorporated hereinLease.

Insurance and Waiver of Claims. Without limiting the generality of the terms of Section 4.1 above, Sub-Subtenant Sublessee shall obtain and keep in full force and effect at all times during the Sub-Sublease Term all of the liability and property insurance coverages required to be maintained by “Tenant” Sublessor under the Master Lease with regard to the Sub-Sublease Premises and casualty insurance coverage on the Furnishings and on all of its trade fixtures, supplies, inventory, equipment and personal property located in the Premises. Notwithstanding anything Sublessee shall cause Sublessor and Landlord to the contrary contained herein and for the avoidance of doubt, Sub-Subtenant shall only obtain be named as additional insureds on all such policies pertaining to liability and property insurance coverages for the portion of the Sub-Sublease Premises Sub-Subtenant is occupying. Sub-Sublandlord shall obtain and keep in full force and effect at all times during the Sub-Sublease Term, as applicable, all of the liability and property insurance coverages coverage required to be maintained by Sub-Sublandlord Sublessor under the Master Lease and terms of the Master Sublease and Sub-Subtenant Lease. Sublessee shall not be liable for any losses or damages arising out of an Existing Subtenant’s default under the applicable Existing Sublease. Where the Master Lease requires that Master Landlord cause Sublessor to be named as an additional insured on the policies required thereunder, Sub-Subtenant shall name Sub-Sublandlord, Chinook, and Master Landlord as additional insureds under such policies. Notwithstanding anything casualty insurance coverage with respect to the contrary contained herein, Sub-Sublandlord and Sub-Subtenant hereby waive and release, all claims against each other, and against the agents, employees and contractors of each other, for Furnishings Notwithstanding any loss or damage sustained by each other to the extent such claims are insured against under any standard broad form property policy, or other property policies maintained by Sub-Sublandlord or Sub-Subtenant, or required to be maintained by Sub-Sublandlord or Sub-Subtenant under this Sub-Sublease, or which would normally be covered by all-risk property insurance, regardless of whether such policy is in effect at the time of the loss foregoing, Sublessee shall have no right to selfinsure. Sublessee hereby waives and without regard to the negligence or willful misconduct of the entity so released. Sub-Subtenant’s insurers hereby waive releases Landlord and release Master Landlord, Chinook, and Sub-Sublandlord Sublessor from and against any and all claims, damages, losses, losses and liabilities for any bodily injury, loss of life or property damage occurring on or about the Sub-Sublease Premises, Premises or any part thereof, from any cause whatsoeverwhatsoever including, other than without limitation, the gross negligence of Sub-SublandlordSublessor or the Landlord or any of their respective agents, Chinookemployees, contractors or guests, or Master Landlordthe negligence of any other party leasing, which shall remain the sole responsibility occupying or otherwise using any part of the party that acts with gross negligenceBuilding. Sublessee shall indemnify and hold Sublessor harmless from and against any and all claims asserted against Sublessor or the Landlord arising from any such damages, injuries or whose omissions shall constitute gross negligencelosses incurred by Sublessee or any of its agents, employees, contractors, guests or other parties upon the Premises. Sub-Subtenant Sublessee shall cause its property all policies of insurance policy maintained by Sublessee hereunder to contain a waiver of subrogation clause provisions in favor of Sublessor and the Landlord, and shall cause Sublessor and Landlord to be named as required by the Master Lease as incorporated hereinadditional insureds on all such policies.