Waiver of Recovery and Subrogation. Commission and Tenant release and relieve the other from any liability they might otherwise have and waive their entire right of recovery for loss or damage to property located within or constituting a part or all of the Campus to the extent that the loss or damage either (a) is actually covered by the injured party’s property insurance, or (b) would have been covered by the property insurance the injured party is required to carry under this Section 13, whichever is greater. This waiver applies regardless of the cause or origin of the claim including without limitation loss due to the negligent acts or omissions of Commission or Tenant, or their respective officers, directors, council members, employees, agents, contractors, invitees, Tenant’s assignees, or subtenants. The parties shall have their property insurers endorse the applicable insurance policies to reflect the foregoing waiver of claims; provided, however, that the endorsement shall not be required if the applicable policy of insurance permits the named insured to waive rights of subrogation on a blanket basis, in which case the blanket waiver shall be acceptable.
Waiver of Recovery and Subrogation. Landlord and Tenant release and relieve the other from any liability it might otherwise have and waive their entire right of recovery for loss or damage to property located within or constituting a part or all of the Premises or the Project to the extent that the loss or damage either (a) is actually covered by the injured party's - insurance, or (b) would have been covered by the insurance the injured party is required to carry under this Article 16, whichever is greater. This waiver applies regardless of the cause or origin of the claim including without limitation loss due to the negligent acts or omissions of Landlord or Tenant, or their respective officers, directors, employees, agents, contractors, invitees, Tenant's assignees or Tenant's subtenants. Each of Landlord and Tenant shall have their respective property insurers endorse the applicable insurance policies to reflect the foregoing waiver of claims, provided however, that the endorsement shall not be required if the applicable policy of insurance permits the named insured to waive rights of subrogation on a blanket basis, in which case the blanket waiver shall be acceptable. For purposes of this Article 16.5, the term "Tenant" and "Landlord" shall include any subsidiary and any assignee or subtenant.
Waiver of Recovery and Subrogation. To ensure that the risk of loss normally insured against by each Party’s insurance carrier remains the burden of the insurance carrier and cannot be shifted over to the other Party, CyrusOne and Customer have agreed to the following waiver of subrogation. CyrusOne and Customer release each other from all Claims and Losses of property and loss of business or revenues that are covered by the releasing Party’s property insurance or that would have been covered by the required insurance if the releasing Party fails to maintain the property coverage required by this Agreement. The Party incurring the damage or loss will be responsible for any deductible or self-insured retention under its property insurance. CyrusOne and Customer will notify the issuing property insurance companies of the release set forth in this Section and will have the property insurance policies endorsed, if necessary, to prevent invalidation of coverage. THE RELEASE IN THIS SECTION WILL APPLY EVEN IF THE LOSS IS CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OR STRICT LIABILITY OF THE RELEASED PARTY BUT WILL NOT APPLY TO THE EXTENT THE DAMAGE OR LOSS IS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE RELEASED PARTY. For purposes of this Section, the term “Customer” shall include any subsidiary or Affiliate of Customer and any assignee of Customer.
Waiver of Recovery and Subrogation. Except as otherwise provided above, the Landlord and the Tenant hereby waive all claims, demands or rights of indemnity which either of them may have against the other on account of damage to the Premises or to any personal property located thereon or to other improvements in the Shopping Center resulting from fire or other casualties, no matter what the cause thereof may be even if such loss or damage results from the negligence of the other party, if and to the extent such loss or damage is covered (or required to be covered) by insurance benefiting the injured party. The parties waive their respective rights, as set forth herein, because adequate insurance is to be maintained to protect them against all such casualties and they have obtained or agree to obtain from their insurance carriers appropriate “waiver of subrogation provisions” in all such policies of insurance.
Waiver of Recovery and Subrogation. ANYTHING IN THIS LEASE TO THE CONTRARY NOTWITHSTANDING, LANDLORD AND TENANT EACH HEREBY WAIVES ANY AND ALL RIGHTS OF RECOVERY, CLAIM, ACTION OR CAUSE OF ACTION, AGAINST THE OTHER, THEIR RESPECTIVE AFFILIATES, OR THE AGENTS, SERVANTS, PARTNERS, MEMBERS, SHAREHOLDERS, OFFICERS OR EMPLOYEES THEREOF, FOR ANY LOSS OR DAMAGE THAT MAY OCCUR TO THE LEASED PREMISES, THE PROJECT, THE ADJACENT GARAGE, OR ANY IMPROVEMENTS THERETO OR THEREON, OR ANY PROPERTY OF SUCH PARTY THEREIN OR THEREON, BY REASON OF FIRE, THE ELEMENTS, OR ANY OTHER CAUSE THAT IS, OR IS REQUIRED TO BE, INSURED AGAINST UNDER THE TERMS OF THE STANDARD ALL RISK PROPERTY INSURANCE POLICIES REFERRED TO IN SECTION 6.4 HEREOF (EVEN IF TENANT ELECTS TO SELF-INSURE PURSUANT TO SECTION 6.4), REGARDLESS OF THE AMOUNT OF THE PROCEEDS PAYABLE UNDER SUCH INSURANCE POLICIES AND THE CAUSE OR ORIGIN, INCLUDING NEGLIGENCE OF THE OTHER PARTY HERETO, THEIR RESPECTIVE AFFILIATES, OR THE AGENTS, OFFICERS, PARTNERS, MEMBERS, SHAREHOLDERS, SERVANTS OR EMPLOYEES THEREOF, AND COVENANTS THAT NO INSURER SHALL HOLD ANY RIGHT OF SUBROGATION AGAINST SUCH OTHER PARTY ON ACCOUNT THEREOF. LANDLORD AND TENANT SHALL ADVISE INSURERS OF THE FOREGOING WAIVER AND SUCH WAIVER SHALL BE A PART OF EACH POLICY MAINTAINED BY LANDLORD AND TENANT.
Waiver of Recovery and Subrogation. Notwithstanding anything in this Lease or any insurance policy to be obtained under this Lease to the contrary, Landlord and Tenant hereby waive any and all rights of recover, claims, actions and causes of action against each other, their respective agents, servants, employees, officers, directors, shareholders, partners, architects, contractors, subcontractors, attorneys, customers and invitees and their respective insurance carriers for all liability for personal injury or death and for all loss or damage that may occur to the Premises, the Project, the contents of the Project and the Premises, or any personal property of such party therein by reason of fire, the elements or any other cause which is insured against under the terms of the liability, fire, extended coverage and other insurance policies required to be obtained pursuant to this Lease (or would have been insured under the terms of any such policy if all insurance policies required to be obtained by the parties hereto were in fact obtained), regardless of cause or origin of such loss or damage, including, without limitation, SOLE, JOINT, OR CONCURRENT NEGLIGENCE, SOLE, JOINT OR CONCURRENT GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF EITHER OR BOTH OF THE PARTIES HERETO AND THEIR RESPECTIVE AGENTS, SERVANTS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, PARTNERS, ARCHITECTS, CONTRACTORS, SUBCONTRACTORS, ATTORNEYS, CUSTOMERS AND INVITEES; provided, however, the waiver set forth in this Paragraph 17.6 shall not apply to any deductibles on insurance policies carried by Landlord or to any coinsurance penalty which Landlord might sustain. Each party waives and covenants that no insurer shall hold (and hereby waives on behalf of each such insurer) any right of subrogation against such other party. The parties shall cause their respective insurers to waive any right of subrogation in accordance with this Paragraph 17.6.
Waiver of Recovery and Subrogation. Notwithstanding anything in this Sublease or any insurance policy to be obtained under this Sublease or the Prime Lease to the contrary, each party hereby waives any and all rights of recovery, claims, actions and causes of action against the other party, its agents, servants, employees, officers, directors, shareholders, partners, architects, contractors, subcontractors, attorneys, customers and invitees and its insurance carriers for all loss or damage that may occur to the Subleased Premises, the Building, the contents of the Building and the Subleased Premises, or any personal property of the parties therein by reason of fire, the elements or any other cause which could be insured against under the terms of the fire and extended coverage insurance policies required to be obtained pursuant to the Prime Lease or this Sublease, regardless of cause or origin of such loss or damage, including, without limitation, sole, joint, or concurrent negligence of either or both of the parties hereto and their respective agents, servants, employees, officers, directors, shareholders, partners, architects, contractors, subcontractors, attorneys, customers and invitees. Each party waives and covenants that no insurer shall hold (and hereby waives on behalf of each such insurer) any right of subrogation against the other party. Each party shall cause its insurers to waive any right of subrogation in accordance with this Section 7.2.
Waiver of Recovery and Subrogation. Landlord and Tenant each release and relieve the other and waive their entire right of recovery for loss or damage to property located within or constituting a part or all of the Building to the extent that the loss or damage is covered by (i) the injured party's insurance, or (ii) the insurance the non-injured party is required to have under this Section 9, whichever is greater. This waiver applies whether or not the loss is due to the negligent acts or emissions of Landlord or Tenant, or their respective officers, directors, employees, agents, contractors, or invitees. Each of Landlord and Tenant shall have their respective property insurers endorse the applicable insurance policies to reflect the foregoing waiver of claims, provided however, that the endorsement shall not be required if the applicable policy of insurance permits the named insured to waive rights of subrogation on a blanket basis, in which case the blanket waiver shall be acceptable.
Waiver of Recovery and Subrogation. The PFD and the Club release and relieve each other, and waive their entire right of recovery, for loss or damage to the Insured Property against each other for damages caused by fire or other perils covered by the All Risk property insurance policy(ies). This waiver applies whether or not the loss is due to the negligent acts or omissions of either Party, or their respective officers, directors, employees, agents, contractors or invitees. Each Party shall have their respective property insurers endorse the applicable insurance policies to reflect the foregoing waiver of recovery and subrogation; provided, however, that the endorsement shall not be required if the applicable policy of insurance permits the named insured to waive rights of subrogation on a blanket basis, in which case the blanket waiver shall be acceptable. Such waiver applies to losses above or below any deductible or retention.
