WAIVER OF SUBROGATION CLAUSE. The OWNER CLEARLY EXPRESSES THE INTENT and AGREEMENT that, in consideration of the execution of this license agreement and as a material term of this Agreement, the OWINER shall not under any circumstances whatsoever subrogate or assign any claim or claims of any sort against the MARINA, its agents or employees, to any third parties, including insurers or underwriters. OWNER acknowledges that any such subrogation or assignment shall be null and void. In the event that legal action against the MARINA is initiated based on the subrogated rights of the OWNER the OWNER CLEARLY EXPRESSES THE INTENT and AGREEMENT to indemnify and defend the MARINA and agrees to pay to the MARINA all costs of defending the legal action, including reasonable attorney's fees, should any such legal action be initiated. NO BAILMENT: It is understood and agreed that this Agreement does not constitute a bailment. The OWNER retains and has the exclusive care, custody and control of the vessel or unit and its contents at all times, and the OWNER is solely responsible for the vessel or unit, the safe dockage of the vessel or safe storage of unit, its contents, the proper operating condition of the vessel's or unit’s equipment, for the size and conditions of the dock lines and the maintenance of the vessel or unit. OWNER acknowledges that he is solely responsible for preventing the entry of unauthorized persons onto the OWNER'S vessel or unit and OWNER understands and agrees that the MARINA does not warrant or assure that unauthorized persons will not board the OWNER's vessel or unit and, accordingly, the OWNER is solely responsible for the security of the OWNER's vessel or unit. OWNER has been informed of the firefighting procedures and equipment, first aid and security provisions, procedures and equipment available at the MARINA and OWNER hereby acknowledges same as being sufficient reasonable and adequate. NAMED WINDSTORMS: OWNER has been informed of the MARINA's Hurricane Preparedness Plan which is found on our website and OWNER hereby acknowledges same as being sufficient reasonable and adequate. OWNER acknowledges receipt of the MARINA's Hurricane Preparedness Plan. The MARINA should not be considered safe harbor during named wind storm conditions. The MARINA recommends you vacate the facility and find a suitable, safe location to secure your vessel or unit during a named windstorm. This should be done at least 72 hours before predicted landfall, otherwise, you must ensure that all r...
WAIVER OF SUBROGATION CLAUSE. Landlord and Tenant each hereby waive any and all rights of recovery, by subrogation or otherwise, against each other and the officers, employees, agents and representatives of such other party for loss of or damage to such waiving party or its property or the property of others under its control, arising from any cause insured against by any insurance policy in force (whether or not described herein) carried by such waiving party in lieu thereof, and each party 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 any policy; provided, however, that in the event a loss or a damage incurred by the Landlord due to Tenant’s negligence, this waiver shall not be applicable to the Landlord and the indemnification covenants of Section 13 hereof shall control.
WAIVER OF SUBROGATION CLAUSE. The User hereby agrees to waive all right of subrogation or recourse against Camosun College with respect to the use or occupation by the user of the premises described in the license agreements.
WAIVER OF SUBROGATION CLAUSE. Landlord and tenant hereby release the other from any and all liability or responsibility to the other or anyone claiming through or under them by way of subrogation or otherwise for any loss or damage to property caused by fire or any of the extended coverage or supplementary contract casualties, even if such fire or other casualty shall have been caused by the fault or negligence of the other party, or anyone for whom such party may be responsible, provided, however, that this release shall be applicable in force and effect only with respect to loss or damage occurring at such a time that the releasor's policies shall contain a clause or endorsement to the effect that any such release shall not adversely affect or impair said policies or prejudice the right of the releasor to recover thereunder.
WAIVER OF SUBROGATION CLAUSE. It is agreed and understood that otherwise subject to the terms, exclusions, pr ovisions and conditions contained in the policy or endorsed thereon, the comp any waives its right of subrogation against any insured and any person, firm, or corporation having an association of affiliation at the time of loss with the insured through ownership, management or other interest, subject to having b een insured under this policy.
WAIVER OF SUBROGATION CLAUSE. A Waiver of Subrogation clause is required for all liability coverage provided herein, in favor of all First Named Insured and others to whom the insured has agreed to waive rights of subrogation. The Mortgagee and Borrower/Landlord should be named as Additional Insured.
WAIVER OF SUBROGATION CLAUSE. The User will ensure any insurance policy required under this Agreement will contain a waiver of subrogation clause in favour of the Village.
WAIVER OF SUBROGATION CLAUSE. The User agrees to waive all rights of subrogation or recourse against HMCC with respect to the use or occupation by the user of the premises described in the license agreement.
WAIVER OF SUBROGATION CLAUSE. The Insurer shall not pursue recovery against the Assured or their subsidiary of associated companies. If the Assured wishes to enter in to an agreement with a transport provider and seek to reduce the Insurers subrogation capacity, an application must be made in writing to the Insurer for attention and consideration. War and/or Strikes Risks Premium Clause Notwithstanding anything to the contrary stated in the Premium section or elsewhere in the Policy, in the event of a transit to or from or within the geographical areas listed as Elevated, High or Severe in the Global Cargo Watch List (GCWL), War and/or Strikes risks in respect of such transits are held covered in accordance with the applicable Institute War Clauses and/or Institute Strikes Clauses contained in the Policy at and additional Premium to be agreed. If storage and/or other static exposures are also covered by the Policy, this Clause shall also apply to Strikes risks from the time the relevant geographical area changes in the GCWL. The applicable GCWL designated category for any particular transit/risk shall be that which is in force at the time transit/risk commences. [see xxx.xxxxxxxxx-xxxxxxxx.xxx/xxxxx] Claims
WAIVER OF SUBROGATION CLAUSE. The Lessee hereby agrees to waive all rights of subrogation or recourse against School District 84 with respect to the use or occupation by the Lessee of the premises described in the Agreement.
