Common use of Mutual Waiver of Subrogation Rights Clause in Contracts

Mutual Waiver of Subrogation Rights. Each party hereto hereby releases the other respective party and, in the case of Xxxxxx as the releasing party, the other Indemnitees, and in the case of Landlord, the Tenant’s agents, employees and Affiliates, and the respective partners, shareholders, agents, employees, officers, directors and authorized representatives of 1005628.07/SF 375170-00002/11-24-16/mrm/mrm -39- such released party, from any claims such releasing party may have for damage to the Building, the Premises or any of such releasing party’s fixtures, personal property, improvements and alterations in or about the Premises that is caused by or results from risks insured against under any “special form” insurance policies actually carried by such releasing party or deemed to be carried by such releasing party; provided, however, that such waiver shall be limited to the extent of the net insurance proceeds payable by the relevant insurance company with respect to such loss or damage (or in the case of deemed coverage, the net proceeds that would have been payable). For purposes of this Paragraph 16, Tenant and Landlord shall be deemed to be carrying any of the insurance policies required pursuant to Paragraph 15 but not actually carried by such party. Each party hereto shall cause each such fire and extended coverage insurance policy obtained by it to provide that the insurance company waives all rights of recovery by way of subrogation against the other respective party and the other released parties in connection with any matter covered by such policy.

Mutual Waiver of Subrogation Rights. Each party hereto hereby releases the other respective party and, in the case of Xxxxxx Tenant as the releasing party, the other Indemnitees, and in the case of Landlord, the Tenant’s agents, employees and Affiliates, and the respective partners, shareholders, agents, employees, officers, directors and authorized representatives of 1005628.07/SF 375170-00002/11-24-16/mrm/mrm -39- such released party, from any claims such releasing party may have for damage to the Building, the Premises or any of such releasing party’s fixtures, personal property, improvements and alterations in or about the Premises that is caused by or results from risks insured against under any “special form” insurance policies actually carried by such releasing party or deemed to be carried by such releasing party; provided, however, that such waiver shall be limited to the extent of the net insurance proceeds payable by the relevant insurance company with respect to such loss or damage (or in the case of deemed coverage, the net proceeds that would have been payable). For purposes of this Paragraph 16, Tenant and Landlord shall be deemed to be carrying any of the insurance policies required pursuant to Paragraph 15 but not actually carried by such party. Each party hereto shall cause each such fire and extended coverage insurance policy obtained by it to provide that the insurance company waives all rights of recovery by way of subrogation against the other respective party and the other released parties in connection with any matter covered by such policy.

Mutual Waiver of Subrogation Rights. Each party hereto hereby releases the other respective party and, in the case of Xxxxxx Tenant as the releasing party, the other Indemnitees, and Indemnitees identified in the case of Landlord, the Tenant’s agents, employees and AffiliatesSection 14 hereof, and the respective partners, shareholders, agents, employees, officers, directors and authorized representatives of 1005628.07/SF 375170-00002/11-24-16/mrm/mrm -39- such released party, from any claims such releasing party may have for damage to the Building, the Premises or any of such releasing party’s 's fixtures, personal property, improvements and alterations Alterations in or about the Premises Premises, the Building or the Real Property that is caused by or results from risks insured against under any “special form” fire and extended coverage insurance policies actually carried by such releasing party or deemed to be carried by such releasing party; provided, however, that such waiver shall be limited to the extent of the net insurance proceeds payable by the relevant insurance company with respect to such loss or damage (or in the case of deemed coverage, the net proceeds that would have been payable)damage. For purposes of this Paragraph Section 16, Tenant and Landlord shall be deemed to be carrying any of the insurance policies required pursuant to Paragraph Section 15 but even if not actually carried by such partyTenant, and Landlord shall be deemed to carry standard fire and extended coverage policies on the Real Property. Each party hereto shall cause each such fire and extended coverage insurance policy obtained by it to provide that the insurance company waives all rights of recovery by way of subrogation against the other respective party and the other aforesaid released parties in connection with any matter covered by such policy.

Mutual Waiver of Subrogation Rights. Each party hereto hereby releases the other respective party and, in the case of Xxxxxx Tenant as the releasing party, the other Indemnitees, and in the case of Landlord, the Tenant’s 's agents, employees and Affiliates, and the respective partners, shareholders, agents, employees, officers, directors and authorized representatives of 1005628.07/SF 375170-00002/11-24-16/mrm/mrm -39- such released party, from any claims such releasing party may have for damage to the Building, the Premises or any of such releasing party’s 's fixtures, personal property, improvements and alterations in or about the Premises that is caused by or results from risks insured against under any “special form” insurance policies actually carried by such releasing party or deemed to be carried by such releasing party; provided, however, that such waiver shall be limited to the extent of the net insurance proceeds payable by the relevant insurance company with respect to such loss or damage (or in the case of deemed coverage, the net proceeds that would have been payable). For purposes of this Paragraph 16, Tenant and Landlord shall be deemed to be carrying any of the insurance policies required pursuant to Paragraph 15 but not actually carried by such party. Each party hereto shall cause each such fire and extended coverage insurance policy obtained by it to provide that the insurance company waives all rights of recovery by way of subrogation against the other respective party and the other released parties in connection with any matter covered by such policy.

Mutual Waiver of Subrogation Rights. Each party hereto hereby releases the other respective party and, in the case of Xxxxxx Tenant as the releasing party, the other Indemnitees, and Indemnitees identified in the case of Landlord, the Tenant’s agents, employees and AffiliatesParagraph 14 hereof, and the respective partners, shareholders, agents, employees, officers, directors and authorized representatives of 1005628.07/SF 375170-00002/11-24-16/mrm/mrm -39- such released party, from any claims such releasing party may have for damage to the Building, the Premises or any of such releasing party’s 's fixtures, personal property, improvements and alterations in or about the Premises Premises, the Building or the Real Property that is caused by or results from risks insured against under any “special form” fire and extended coverage insurance policies actually carried by such releasing party or deemed to be carried by such releasing party; provided, however, that such waiver shall be limited to the extent of the net insurance proceeds payable by the relevant insurance company with respect to such loss or damage (or in the case of deemed coverage, the net proceeds that would have been payable)damage. For purposes of this Paragraph 16, Tenant and Landlord shall be deemed to be carrying any of the insurance policies required pursuant to Paragraph 15 but not actually carried by such partyTenant, and Landlord shall be deemed to carry standard fire and extended coverage policies on the Real Property. Each party hereto shall cause each such fire and extended coverage insurance policy obtained by it to provide that the insurance company waives all rights of recovery by way of subrogation against the other respective party and the other aforesaid released parties in connection with any matter covered by such policy.