Waiver of Claims; Waiver of Subrogation. To the extent permitted by law, Tenant waives all claims it may have against Landlord, its managing agents or employees for damage to property sustained by Tenant or any occupant or other person resulting from the Premises any part of said Premises becoming out of repair or resulting from any accident within or adjacent to the Premises or resulting directly or indirectly from any act or omission of Landlord or any occupant of the Premises or any other person while on the Premises to the extent such claim is or would be covered by any insurance that Tenant is required under Paragraph 9A(i) to carry, regardless of cause or origin. The waiver in this grammatical paragraph will also apply as to the amount of any deductible under Tenant's insurance. Particularly, but not in limitation of the foregoing sentence, all property belonging to Tenant or any occupant of the Premises that is in the Premises will be there at the risk of Tenant or other person only, and Landlord or its agents or employees will not be liable for damage to or theft of or misappropriation of such property, nor for any damage to property resulting from fire, explosion, flooding of basements or other subsurface areas, falling plaster, steam, gas, electricity, snow, water or rain which may leak from any part of the Premises or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place or resulting from dampness or any other cause whatsoever, nor for any latent defect in the Premises, to the extent that such claim is or would be covered by any insurance that Tenant is required under Paragraph 9A(i) to carry. Tenant will give prompt notice to Landlord in accordance with Paragraph 10 in case of fire or accidents in the Premises or of defects therein or in the fixtures or equipment. Tenant agrees to include in the insurance policies which Tenant is required by this Lease to carry in accordance with Paragraphs 9A(i) and 9A(ii), to the fullest extent permitted by law, a waiver of subrogation against Landlord and Landlord's managing agent. Landlord will not be required to maintain insurance against thefts within the Premises or any complex within which the Premises is located.
Waiver of Claims; Waiver of Subrogation. Each Party hereto hereby waives any and all claims for recovery which such Party or anyone claiming through such Party may have against the other Party hereto (or such other Party’s officers, agents or employees) for or with respect to any loss of or damage to such waiving Party’s property which is (i) insured under valid insurance policies, to the extent of any recovery actually collectible under such insurance policies, or (ii) required by this Agreement to be insured, to the extent any recovery would be collectible if such insurance policies were obtained and maintained as required by this Agreement, whether or not such loss or damage is caused by the negligence of such other Party or such other Party’s agents, employees or contractors or of any other person or persons for whose actions such other Party may be responsible or liable. SMEP and Sellers each agree to obtain from the insurance companies providing its insurance applicable hereto permission to allow SMEP and Sellers to waive their respective insurance companies’ rights of subrogation. SMEP and Sellers shall each provide to the other written proof of the waiver of said claims by said insurance companies.
Waiver of Claims; Waiver of Subrogation. Each party waives any right of recovery against the other for injury or loss to property due to hazards covered by insurance to the extent of the injury or loss covered. Any policy of insurance obtained by either party and applicable to the Premises or the Property will contain a clause denying the insurer any right of subrogation against the other party, even though such waiver of subrogation requires payment of an additional premium, for which the party obtaining the policy shall pay.
Waiver of Claims; Waiver of Subrogation. Notwithstanding anything to the contrary contained in this Lease, Landlord or Tenant, as the case may be, shall not be liable to, and releases all Claims against, the other party, the Landlord Parties or the Tenant Parties, as the case may be, or any insurance company for such party’s business interruption, loss of rents or any loss or damage to personal or real property located within or constituting part of or all of the Project arising in any manner, including, but not limited to, from vandalism; the failure, breakage, leakage, inadequacy, defect or obstruction of the water, plumbing, steam, sewer, waste or soil pipes, roof, drains, leaders, gutters, valleys, downspouts or the like or of the electrical, gas power, conveyor, refrigeration, sprinkler, or HVAC systems; or the elements AND WHETHER OR NOT CAUSED BY THE FAULT OR SOLE OR CONCURRENT NEGLIGENCE OF ANY LANDLORD OR TENANT PARTIES; provided, however, this release does not apply to claims caused by a party’s willful misconduct. Notwithstanding the foregoing, this release shall apply only to the extent that such business interruption or loss or damage is caused by perils covered by insurance or was required to be covered by insurance pursuant to this Lease and this release shall not apply to the amount of any deductible under any insurance policy. Nothing in this Paragraph 18 shall be construed to impose any other or greater liability upon either Landlord or Tenant than would have existed in the absence of this Paragraph 18. Because this Paragraph 18 will preclude the assignment of any claim mentioned in it by way of subrogation (or otherwise) to an insurance company (or any other person), each party to this Lease agrees immediately to give to each insurance company that has issued to it policies of fire and extended coverage insurance, written notice of the terms of the mutual waivers contained in this paragraph, and to have the insurance policies properly endorsed, if necessary, to prevent the invalidation of the insurance coverage because of the mutual waivers contained in this Paragraph 18.
Waiver of Claims; Waiver of Subrogation. Whether the loss or damage is due to the negligence of either Sublandlord or Subtenant, their agents or employees, or any other cause, Sublandlord and Subtenant do each hereby release and relieve the other, their agents, and their employees from responsibility for, and waive their entire claim of recovery for, any loss or damage to the real or personal property of either located anywhere in the Building, to the extent that such loss or damage arises out of or is incident to the occurrence of any of the perils which are part of the required insurance coverage under the Master Lease in effect at such time under a then existing insurance policy. Each party shall use best efforts to cause its insurance carriers to consent to the foregoing waiver of rights of subrogation against the other party. Notwithstanding the foregoing, no such release shall be effective unless the aforesaid insurance policy or policies shall expressly permit such a release or contain a waiver of the carrier’s right to be subrogated. In the event that any insurance carrier denies its consent to the foregoing waiver of rights of subrogation, the affected party shall promptly advise the other party hereto.
Waiver of Claims; Waiver of Subrogation. (i) Landlord and Tenant hereby waive their rights against each other with respect to any claims or damages or losses which are caused by or result from (a) damage to property or loss of income insured against under any insurance policy carried by Landlord or Tenant (as the case may be) pursuant to the provisions of this Lease and enforceable at the time of such damage or loss, or (b) damage to property or loss of income which would have been covered under any insurance required to be obtained and maintained by Landlord or Tenant (as the case may be) under this Paragraph 19 of this Lease (as applicable) had such insurance been obtained and maintained as required therein. The foregoing waivers shall be in addition to, and not a limitation of, any other waivers or releases contained in this Lease.
Waiver of Claims; Waiver of Subrogation. To the extent permitted by law, Tenant waives all claims it may have against Landlord, its agents or employees for damage to business or property sustained by Tenant or any occupant or other person resulting from the Premises or the Property or any part of said Premises or Property becoming out of repair or resulting from any accident within or adjacent to the Premises or Property or resulting directly or indirectly from any act or omission of Landlord or any occupant of the Premises or Property or any other person while on the Premises or the Property, regardless of cause or origin, except that in respect of damage to property, such waiver will be limited to the extent such claim is or would be covered by any insurance that Tenant is required to carry pursuant to Section 1.1(a)
Waiver of Claims; Waiver of Subrogation. Landlord and Tenant release each other, and their respective authorized representatives, from, and waive their entire claim of recovery for, any claims for damage to the Premises and the Building and to Tenant's alterations, Trade Fixtures and personal property that are caused by or result from fire, lightning or any other perils normally included in an “Special Causes of Loss” or “Special Form” property insurance policy whether or not such loss or damage is due to the negligence of Landlord, or its authorized representatives, or of Tenant, or its authorized representatives. Landlord and Tenant 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 such insurance policy.
Waiver of Claims; Waiver of Subrogation. Customer waives any and all claims against LADWP with respect to claims, damages or losses covered by all-perils property insurance or any other insurance carried by Customer. Customer agrees that it shall cause its insurer(s), of any all- perils property insurance or any other insurance maintained by Customer covering the Site Location or any personal property located at the Site Location, to provide for a full waiver of subrogation in favor of LADWP. Accordingly, if Customer carries such insurance, Customer shall provide LADWP with verification of obtaining a waiver of subrogation endorsement from its carrier. The waiver of subrogation shall be a material condition of participation in the program.
Waiver of Claims; Waiver of Subrogation. (a) MUTUAL WAIVER OF PARTIES. Landlord and Tenant hereby waive their rights against each other with respect to any claims or damages or losses, including any deductibles and self-insured amounts, which are caused by or result from (a) any occurrence insured against under any insurance policy (other than the commercial general liability insurance) carried by Landlord or Tenant (as the case may be) pursuant to the provisions of this Lease and enforceable at the time of such damage or loss, or (b) any occurrence which would have been covered under any insurance (other than the commercial general liability insurance) required to be obtained and maintained by Landlord or Tenant (as the case may be) under Paragraphs 14 and 15 of this Lease (as applicable) had such insurance been obtained and maintained as required therein or (c) any occurrence which is insurable, whether or not a party is required to carry such insurance hereunder. The foregoing waivers shall be in addition to, and not a limitation of, any other waivers or releases contained in this Lease.
