Common use of Release and Waiver of Subrogation Clause in Contracts

Release and Waiver of Subrogation. Notwithstanding anything to the contrary in this Sublease, Sublandlord and Subtenant hereby release each other (and Subtenant shall release Master Landlord) from any damage to property or loss of any kind which is caused by or results from any risk that is insured against under any property insurance policy required to be carried by either party or is actually carried by either party in connection with this Sublease. 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 the policy. Each party shall use its reasonable efforts to cause each property insurance policy obtained by it to provide that the insurer waives all right of recovery against the other party and its agents and employees in connection with any damage or injury covered by the policy, and each party shall notify the other party if it is unable to obtain a waiver of subrogation. Sublandlord shall not be liable to Subtenant, nor shall Subtenant be entitled to terminate this Sublease or to xxxxx Rent for any reason, including, without limitation, (i) failure or interruption of any utility system or service or (ii) failure of Master Landlord to maintain the Premises as may be required under the Master Lease. The obligations of Sublandlord and Subtenant shall not constitute the personal obligations of the officers, directors, trustees, partners, joint venturers, members, owners, stockholders or other principals or representatives of the business entity.

Appears in 2 contracts

Samples: Sublease (Adforce Inc), Sublease (Adforce Inc)

AutoNDA by SimpleDocs

Release and Waiver of Subrogation. Notwithstanding anything to the contrary in this Sublease, Sublandlord and Subtenant hereby release each other (and Subtenant shall release Master Landlord) from any damage to property or loss of any kind which is caused by or results from any risk that is normally would be insured against under any property insurance policy required to be carried by either party or is actually carried by either party in connection with this Subleaseparty. 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 the policy. Each party shall use its reasonable efforts to cause each property insurance policy obtained by it to provide that the insurer waives all right of recovery against the other party and its agents and employees in connection with any damage or injury covered by the policy, and each party shall notify the other party if it is unable to obtain a waiver of subrogation. Sublandlord Subtenant shall not be liable to Subtenant, nor shall Subtenant be entitled to terminate this Sublease or to xxxxx axxxx Rent nor shall Sublandlord, except to the extent caused by or arising from the negligence or willful misconduct of Sublandlord or Sublandlord Related Parties, be liable to Subtenant for any reason, including, without limitation, the (i) failure or interruption of any utility system or service or (ii) failure of Master Landlord to maintain the Subleased Premises as may be required under the Master Lease. The obligations In no event shall Sublandlord be liable to Subtenant for any lost profit, damage to or loss of Sublandlord and Subtenant shall not constitute the personal obligations business or any form of the officersspecial, directors, trustees, partners, joint venturers, members, owners, stockholders indirect or other principals or representatives of the business entityconsequential damage.

Appears in 1 contract

Samples: Sublease (@Road, Inc)

Release and Waiver of Subrogation. Notwithstanding anything to the --------------------------------- contrary in this Sublease, Sublandlord Sublessor, Sublessee and Subtenant Master Lessor (by reason of its consent hereto) hereby release each other (and Subtenant shall release Master Landlord) their respective employees, agents and assigns from any damage to property or loss of any kind which is caused by or results from any risk that is insured against under any property insurance policy required to be carried by either party any of such parties or is actually carried any risk which would normally be covered by either party in connection with this Sublease. This release shall be in effect only so long as the applicable insurance policy contains a clause called "all risk" extended coverage property insurance, without regard to the effect that this release shall not affect the right negligence or willful misconduct of the insured to recover under the policyparty so released. Each party shall use its reasonable efforts to cause each property insurance policy obtained by it to provide that the insurer waives all right of recovery against the other party and its agents and employees in connection with any damage or injury covered by the policy, and each party shall notify the other party if it is unable to obtain a waiver of subrogation. Sublandlord Sublessor shall not be liable to SubtenantSublessee, nor shall Subtenant Sublessee be entitled to terminate this Sublease or to xxxxx Rent for any reason, including, without limitation, (i) failure or interruption of any utility system or service service; or (ii) failure of Master Landlord Lessor to maintain the Subleased Premises or the Master Premises as may be required under the Master Lease. The obligations of Sublandlord Sublessor and Subtenant Sublessee shall not constitute the personal obligations of the officers, directors, trustees, partners, joint venturers, members, owners, stockholders or other principals or representatives of the their respective business entity. To the extent that rent is abated with respect to the Subleased Premises under the Master Lease, Sublessee's rental obligations hereunder shall be abated.

Appears in 1 contract

Samples: Letter Agreement (Durect Corp)

Release and Waiver of Subrogation. Notwithstanding anything to the --------------------------------- contrary in this Sublease, Sublandlord and Subtenant hereby release each other (and Subtenant shall release Master Landlord) from any damage to property or loss of any kind which is caused by or results from any risk that is normally would be insured against under any property insurance policy required to be carried by either party or is actually carried by either party in connection with this Subleaseparty. 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 the policy. Each party shall use its reasonable efforts to cause each property insurance policy obtained by it to provide that the insurer waives all right of recovery against the other party and its agents and employees in connection with any damage or injury covered by the policy, and each party shall notify the other party if it is unable to obtain a waiver of subrogation. Sublandlord shall not be liable to Subtenant, nor shall Subtenant be entitled to terminate this Sublease or to xxxxx Rent for any reason, including, without limitation, (i) failure or interruption of any utility system or service or (ii) failure of Master Landlord to maintain the Subleased Premises as may be required under the Master Prime Lease. The obligations of Sublandlord and Subtenant shall not constitute the personal obligations of the officers, directors, trustees, partners, joint venturers, members, owners, stockholders or other principals or representatives of the business entity.

Appears in 1 contract

Samples: Essential Therapeutics Inc

Release and Waiver of Subrogation. Notwithstanding anything to the contrary in this Sublease, Sublandlord and Subtenant hereby release each other (and Subtenant shall release Master Landlord) from any damage to property or loss of any kind which is caused by or results from any risk that is normally would be insured against under any property insurance policy required to be carried by either party or is actually carried by either party in connection with this Subleaseparty. 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 the policy. Each party shall use its reasonable efforts to cause each property insurance policy obtained by it to provide that the insurer waives all right of recovery against the other party and its agents and employees in connection with any damage or injury covered by the policy, and each party shall notify the other party if it is unable to obtain a waiver of subrogation. Sublandlord shall not be liable to Subtenant, nor shall Subtenant be entitled to terminate this Sublease or to xxxxx Rent abatx Xxxt for any reason, including, without limitation, (i) failure or interruption of any utility system or service or (ii) failure of Master Landlord to maintain the Subleased Premises as may be required under the Master Lease. The obligations of Sublandlord and Subtenant shall not constitute the personal obligations of the officers, directors, trustees, partners, joint venturers, members, owners, stockholders or other principals or representatives of the business entity.

Appears in 1 contract

Samples: Sublease (Transmeta Corp)

Release and Waiver of Subrogation. Notwithstanding anything to the contrary in this Sublease, Sublandlord and Subtenant hereby the parties hereto release each other (and Subtenant shall release Master Landlord) their respective agents, employees, successors and assigns from any all liability for damage to any property or loss of any kind which is caused by or results from any risk that is insured against under any actually covered by property insurance policy required to in force or which would normally be carried covered by either party or is actually carried by either party in connection with this Sublease. This release shall be in effect only so long as the applicable insurance policy contains a clause full replacement value "Special Form" property insurance, without regard to the effect that this release shall not affect the right negligence or willful misconduct of the insured to recover under the policyentity so released. Each party shall use its reasonable efforts to cause each property insurance policy obtained by it obtains to provide that the insurer waives all right of recovery against the other party and its agents and employees in connection with any damage or injury covered by the policy, and each party shall notify the other party if it is unable to obtain include a waiver of subrogationsubrogation regarding the liabilities released hereby. Sublandlord shall not be liable to Subtenant, nor shall Subtenant be entitled to terminate this Sublease or to xxxxx Rent for any reason, including, without limitation, (i) failure or interruption of any utility system or service or (ii) failure of Master Landlord to maintain the Subleased Premises as may be required under the Master Lease. The obligations Failure by Sublandlord to perform any defined services, or any cessation thereof, when such failure is caused by accident, breakage, repairs, strikes, lockout or other labor disturbances or labor disputes of Sublandlord and Subtenant any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Sublandlord, shall not constitute the personal obligations render Sublandlord liable in any respect for damages to either person or property, nor be construed as an eviction of the officersSubtenant, directorsnor cause an abatement of rent nor relieve Subtenant from fulfillment of any covenant or agreement hereof. In no event shall Sublandlord be liable to Subtenant for any lost profit, trusteesdamage to or loss of business or any form of special, partners, joint venturers, members, owners, stockholders indirect or other principals or representatives of the business entityconsequential damage.

Appears in 1 contract

Samples: Sublease (Xenoport Inc)

Release and Waiver of Subrogation. Notwithstanding anything to the contrary in this Sublease, Sublandlord and Subtenant hereby release each other (and Subtenant shall release Master Landlord) from any damage to property or loss of any kind which is caused by or results from any risk that is normally would be insured against under any property insurance policy required to be carried by either party or is actually carried by either party in connection with this Subleaseparty. 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 the policy. Each party shall use its reasonable efforts to cause each property insurance policy obtained by it to provide that the insurer waives all right of recovery against the other party and its agents and employees in connection with any damage or injury covered by the policy, and each party shall notify the other party if it is unable to obtain a waiver of subrogation. Sublandlord Subtenant shall not be liable to Subtenant, nor shall Subtenant be entitled to terminate this Sublease or to xxxxx Rent nor shall Sublandlord, except to the extent caused by or arising from the negligence or willful misconduct of Sublandlord or Sublandlord Related Parties, be liable to Subtenant for any reason, including, without limitation, the (i) failure or interruption of any utility system or service or (ii) failure of Master Landlord to maintain the Subleased Premises as may be required under the Master Lease. The obligations In no event shall Sublandlord be liable to Subtenant for any lost profit, damage to or loss of Sublandlord and Subtenant shall not constitute the personal obligations business or any form of the officersspecial, directors, trustees, partners, joint venturers, members, owners, stockholders indirect or other principals or representatives of the business entityconsequential damage.

Appears in 1 contract

Samples: Sublease (Va Software Corp)

AutoNDA by SimpleDocs

Release and Waiver of Subrogation. Notwithstanding anything to the contrary in this Sublease, Sublandlord Tenant and Subtenant hereby release each other (and Subtenant shall release Master Landlord) from any injury to persons, damage to property property, or loss of any kind which is caused by or results from any risk that is insured against under any property valid and collectable insurance policy required to be carried by either party or is actually carried party, which contains a waiver of subrogation by either party in connection with this Subleasethe insurer; provided, however, that such liability shall be released only to the extent that the damages are covered by such insurance, and only if the insurance permits such partial release. 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 the such policy. Each party shall use its reasonable best efforts to cause each property insurance policy obtained by it to provide that the insurer waives all right of recovery against the other party and its agents and employees in connection with any damage or injury covered by the such policy, and each party shall notify the other party if it is unable to obtain such a waiver of subrogation. Sublandlord Tenant shall not be liable to Subtenant, nor shall Subtenant be entitled to terminate this Sublease or to xxxxx Rent abatx Xxxt for any reason, including, including without limitation, : (i) failure Failure or interruption of any utility system or service service; or (ii) failure of Master Landlord to maintain the Subleased Premises as may be required under the Master Mater Lease. The If Tenant and Subtenant are corporations or other forms of business entity, then obligations of Sublandlord Tenant and Subtenant shall not constitute the personal obligations of the officers, directors, trustees, partners, joint venturersventures, members, owners, stockholders or other principals or representatives of the such business entity.

Appears in 1 contract

Samples: Sublease Agreement (Getty Images Inc)

Release and Waiver of Subrogation. Notwithstanding anything to the contrary in this Sublease, Sublandlord : Sublessor and Subtenant Sublessee hereby release each other (and Subtenant shall release Master Landlord) from any damage to property or loss of any kind which is caused by or results from any risk that is insured against under any property insurance policy required to be carried by either party or is actually carried which contains a waiver of subrogation by either party in connection with this Subleasethe 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 the policy. Each party shall use its reasonable best efforts to cause each property insurance policy obtained by it to provide that the insurer waives all right of recovery against the other party and its agents and employees in connection with any damage or injury covered by the policy, and each party shall notify the other party if it is unable to obtain a waiver of subrogation. Sublandlord Sublessor shall not be liable to SubtenantSublessee, nor shall Subtenant Sublessee be entitled to terminate this Sublease or to xxxxx Rent for any reason, including, without limitation, : (i) failure or interruption of any utility system or service service; or (ii) failure of Master Landlord Lessor to maintain the Subleased Premises as may be required under the Master Lease. The obligations of Sublandlord and Subtenant Sublessor shall not constitute the personal obligations of the officers, directors, trustees, partners, joint venturers, members, owners, stockholders or other principals or representatives of the business entity.

Appears in 1 contract

Samples: Sublease (Eclipse Surgical Technologies Inc)

Release and Waiver of Subrogation. Notwithstanding anything to the contrary in this Sublease, Sublandlord and Subtenant hereby the parties hereto release each other (and Subtenant shall release Master Landlord) their respective agents, employees, successors and assigns from any all liability for damage to any property or loss of any kind which is caused by or results from any risk that is insured against under any actually covered by property insurance policy required to in force or which would normally be carried covered by either party or is actually carried by either party in connection with this Sublease. This release shall be in effect only so long as the applicable insurance policy contains a clause full replacement value “Special Form” property insurance, without regard to the effect that this release shall not affect the right negligence or willful misconduct of the insured to recover under the policyentity so released. Each party shall use its reasonable efforts to cause each property insurance policy obtained by it obtains to provide that the insurer waives all right of recovery against the other party and its agents and employees in connection with any damage or injury covered by the policy, and each party shall notify the other party if it is unable to obtain include a waiver of subrogationsubrogation regarding the liabilities released hereby. Sublandlord shall not be liable to Subtenant, nor shall Subtenant be entitled to terminate this Sublease or to xxxxx Rent (except if and to the extent Sublandlord is allowed and receives a proportionate abatement of Rent under the Master Lease with respect to the Subleased Premises) for any reason, including, without limitation, (i) failure or interruption of any utility system or service or (ii) failure of Master Landlord to maintain the Subleased Premises or the Building as may be required under the Master Lease. The Notwithstanding anything to the contrary in the Sublease, in no event shall Sublandlord be liable to Subtenant for any lost profit, damage to or loss of business or any form of special, indirect or consequential damages; it being understood, however, that in no event shall such waiver be construed to release Sublandlord from any of Sublandlord’s indemnity obligations of Sublandlord and to Subtenant shall not constitute the personal obligations of the officers, directors, trustees, partners, joint venturers, members, owners, stockholders or other principals or representatives of the business entityunder this Sublease regarding claims asserted by third parties against Subtenant.

Appears in 1 contract

Samples: Office Lease (OncoMed Pharmaceuticals Inc)

Release and Waiver of Subrogation. Notwithstanding anything to the --------------------------------- contrary in this Sublease, Sublandlord and Subtenant hereby release each other (and Subtenant shall release Master Landlord) from any damage to property or loss of any kind which is caused by or results from any risk that is normally would be insured against under any property insurance policy required to be carried by either party or is actually carried by either party in connection with this Sublease. 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 the policy. Each party shall use its reasonable efforts to cause each property insurance policy obtained by it to provide that the insurer waives all right of recovery against the other party and its agents and employees in connection with any damage or injury covered by the policy, and each party shall notify the other party if it is unable to obtain a waiver of subrogation. Sublandlord shall not be liable to Subtenant, nor shall Subtenant be entitled to terminate this Sublease or to xxxxx abate Rent for any reason, includingincluxxxx, without limitation, (i) failure or interruption of any utility system or service or (ii) failure of Master Landlord to maintain the Subleased Premises as may be required under the Master Lease. The obligations of Sublandlord and Subtenant shall not constitute the personal obligations of the officers, directors, trustees, partners, joint venturersventures, members, owners, stockholders or other principals or representatives of the business entity.

Appears in 1 contract

Samples: Sublease (Photoloft Com)

Time is Money Join Law Insider Premium to draft better contracts faster.