Common use of Waivers of Subrogation Clause in Contracts

Waivers of Subrogation. § 11.3.1 The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub- subcontractors, agents, and employees, each of the other; (2) the Architect and Architect’s consultants; and (3) Separate Contractors, if any, and any of their subcontractors, sub-subcontractors, agents, and employees, for damages caused by fire, or other causes of loss, to the extent those losses are covered by property insurance required by the Agreement or other property insurance applicable to the Project, except such rights as they have to proceeds of such insurance. The Owner or Contractor, as appropriate, shall require similar written waivers in favor of the individuals and entities identified above from the Architect, Architect’s consultants, Separate Contractors, subcontractors, and sub-subcontractors. The policies of insurance purchased and maintained by each person or entity agreeing to waive claims pursuant to this section 11.3.1 shall not prohibit this waiver of subrogation. This waiver of subrogation shall be effective as to a person or entity (1) even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, (2) even though that person or entity did not pay the insurance premium directly or indirectly, or (3) whether or not the person or entity had an insurable interest in the damaged property.

Waivers of Subrogation. § 11.3.1 The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub- sub-subcontractors, agents, and employees, each of the other; (2) the Architect and Architect’s consultants; and (3) Separate Contractors, if any, and any of their subcontractors, sub-subcontractors, agents, and employees, for damages caused by fire, or other causes of loss, to the extent those losses are covered by property insurance required by the Agreement or other property insurance applicable to the Project, except such rights as they have to proceeds of such insurance. The Owner or Contractor, as appropriate, shall require similar written waivers in favor of the individuals and entities identified above from the Architect, Architect’s consultants, Separate Contractors, subcontractors, and sub-subcontractors. The policies of insurance purchased and maintained by each person or entity agreeing to waive claims pursuant to this section 11.3.1 shall not prohibit this waiver of subrogation. This waiver of subrogation shall be effective as to a person or entity (1) even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, (2) even though that person or entity did not pay the insurance premium directly or indirectly, or (3) whether or not the person or entity had an insurable interest in the damaged property.

Waivers of Subrogation. § 11.3.1 The Owner and Contractor Design-Builder waive all rights against (1) each other and any of their consultants, subconsultants, contractors and subcontractors, sub- subcontractors, agents, agents and employees, each of the other; , and (2) any separate contractors described in Section 5.13 of the Architect and Architect’s consultants; and (3) Separate ContractorsAgreement, if any, and any of their subcontractors, sub-sub- subcontractors, agents, agents and employees, for damages caused by fire, fire or other causes of loss, loss to the extent those losses are covered by property insurance required by the Agreement obtained pursuant to Section B.3.2 or other property insurance applicable to the ProjectWork and completed construction, except such rights as they have to proceeds of such insuranceinsurance held by the Owner as fiduciary. The Owner or ContractorDesign-Builder, as appropriate, shall require of the separate contractors described in Section 5.13 of the Agreement, if any, and the subcontractors, sub-subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar written waivers each in favor of the individuals and entities identified above from the Architect, Architect’s consultants, Separate Contractors, subcontractors, and sub-subcontractorsother parties enumerated herein. The policies shall provide such waivers of insurance purchased and maintained subrogation by each person endorsement or entity agreeing to waive claims pursuant to this section 11.3.1 shall not prohibit this waiver of subrogationotherwise. This A waiver of subrogation shall be effective as to a person or entity (1) even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, (2) even though that person or entity did not pay the insurance premium directly or indirectly, or (3) and whether or not the person or entity had an insurable interest in the damaged propertyproperty damaged.

Waivers of Subrogation. § 11.3.1 The Owner Contractor and Contractor Subcontractor waive all rights against (1) each other and any of their subcontractors, sub- subcontractors, agents, and employees, each of the other; , and (2) the Architect and Architect’s consultants; Owner, and (3) Separate Contractors, if any, and any of their subcontractors, sub-subcontractors, agents, and employees, employees for damages caused by fire, fire or other causes of loss, loss to the extent those losses are covered by property insurance required by provided under the Agreement Contract or other property insurance applicable to the ProjectWork or to property at or adjacent to the Project site, except such rights as they may have to proceeds of such insuranceinsurance held by the Owner as a fiduciary. The Owner or Contractor, as appropriate, Subcontractor shall require similar written waivers in favor of the individuals and entities identified above enumerated herein from the Architect, ArchitectSubcontractor’s consultants, Separate Contractors, Sub- subcontractors, agents, and sub-subcontractorsemployees. The policies of insurance purchased and maintained by each person or entity agreeing to waive claims pursuant to this section 11.3.1 Section 11.5 shall not prohibit this waiver of subrogation. This waiver of subrogation , which shall be effective as to a person or entity (1) even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, (2) even though that person or entity did not pay the insurance premium directly or indirectly, or (3) whether or not the person or entity had an insurable interest in the damaged propertyproperty damaged.

Waivers of Subrogation. § 11.3.1 The Owner Contractor and Contractor Subcontractor waive all rights against (1) each other and any of their subcontractors, sub- sub-subcontractors, agents, and employees, each of the other; , and (2) the Architect and Architect’s consultants; Owner, those entities required under the Prime Contract, and (3) Separate Contractors, if any, and any of their subcontractors, sub-subcontractors, agents, and employees, employees for damages caused by fire, fire or other causes of loss, loss to the extent those losses are covered by builders risk or property insurance required by provided under the Agreement Prime Contract or other property insurance applicable to the ProjectWork or to property at or adjacent to the Project site, except such rights as they may have to proceeds of such insuranceinsurance held by the Owner as a fiduciary. The Owner or Contractor, as appropriate, Subcontractor shall require similar written waivers in favor of the individuals and entities identified above enumerated herein from the Architect, ArchitectSubcontractor’s consultants, Separate Contractors, Sub-subcontractors, agents and sub-subcontractorsemployees. The policies of insurance purchased and maintained by each person or entity agreeing to waive claims pursuant to this section 11.3.1 Section 12.5 shall not prohibit this waiver of subrogation. This waiver of subrogation , which shall be effective as to a person or entity (1) even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, ; (2) even though that person or entity did not pay the insurance premium directly or indirectly, ; or (3) whether or not the person or entity had an insurable interest in the damaged propertyproperty damaged.

Waivers of Subrogation. § 11.3.1 The Owner Contractor and Contractor Subcontractor waive all rights against (1) each other and any of their subcontractors, sub- sub-subcontractors, agents, and employees, each of the other; , and (2) the Architect and Owner, the Architect, the Architect’s consultants; , and (3) Separate Contractors, if any, and any of their subcontractors, sub-subcontractors, agents, and employees, employees for damages caused by fire, fire or other causes of loss, loss to the extent those losses are covered by property insurance required by provided under the Agreement Prime Contract or other property insurance applicable to the ProjectWork or to property at or adjacent to the Project site, except such rights as they may have to proceeds of such insuranceinsurance held by the Owner as a fiduciary. The Owner or Contractor, as appropriate, Subcontractor shall require similar written waivers in favor of the individuals and entities identified above enumerated herein from the Architect, ArchitectSubcontractor’s consultants, Separate Contractors, Sub-subcontractors, agents, and sub-subcontractorsemployees. The policies of insurance purchased and maintained by each person or entity agreeing to waive claims pursuant to this section 11.3.1 Section 12.5 shall not prohibit this waiver of subrogation. This waiver of subrogation , which shall be effective as to a person or entity (1) even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, (2) even though that person or entity did not pay the insurance premium directly or indirectly, or (3) whether or not the person or entity had an insurable interest in the damaged propertyproperty damaged.

Waivers of Subrogation. § 11.3.1 The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub- subcontractors, agents, and employees, each of the other; (2) the Architect and Architect’s consultants; and (3) Separate Contractors, if any, and any of their subcontractors, sub-subcontractors, agents, and employees, for damages caused by fire, or other causes of loss, to the extent those losses are covered by property insurance required by the Agreement or other property insurance applicable to the Project, except such rights as they have to proceeds of such insurance. The Owner or Contractor, as appropriate, shall require similar written waivers in favor of the individuals and entities identified above from the Architect, Architect’s consultants, Separate Contractors, subcontractors, and sub-sub- subcontractors. The policies of insurance purchased and maintained by each person or entity agreeing to waive claims pursuant to this section 11.3.1 shall not prohibit this waiver of subrogation. This waiver of subrogation shall be effective as to a person or entity (1) even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, (2) even though that person or entity did not pay the insurance premium directly or indirectly, or (3) whether or not the person or entity had an insurable interest in the damaged property.

Waivers of Subrogation. § 11.3.1 The Owner Contractor and Contractor Subcontractor waive all rights against (1) each other and any of their subcontractorsother, sub- subcontractorsOwner, agents, and employees, each of the other; (2) the Architect and Architect’s consultants; and (3) Separate Contractors, if any, and any of their respective consultants, subcontractors, sub-subcontractors, suppliers, agents, and employees, for damages caused by fire, or other causes of loss, perils to the extent those losses are covered by the proceeds of the builders risk or property insurance required by provided under the Agreement Prime Contract or other property insurance applicable to the ProjectWork or to property at or adjacent to the Project site, except such rights as they may have to the insurance proceeds of and such insurancerights as they may have for the failure to obtain and maintain any builders risk insurance that they may have been obligated to provide under this Subcontract. The Owner or Contractor, as appropriate, Subcontractor shall require similar written waivers in favor of the individuals and entities identified above enumerated herein from the Architect, ArchitectSubcontractor’s consultants, Separate Contractors, Sub-subcontractors, agents and sub-subcontractorsemployees. The policies of insurance purchased and maintained by each person or entity agreeing to waive claims pursuant to this section 11.3.1 Section 12.5 shall not prohibit this waiver of subrogation. This waiver of subrogation , which shall be effective as to a person or entity (1) even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, ; (2) even though that person or entity did not pay the insurance premium directly or indirectly, ; or (3) whether or not the person or entity had an insurable interest in the damaged propertyproperty damaged.