Waiver of Claims and Subrogation. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, OWNER AND MANAGER HEREBY WAIVE ANY AND ALL RIGHTS OF RECOVERY, CLAIM, ACTION OR CAUSE OF ACTION AGAINST THE OTHER, ITS AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, PARTNERS, MEMBERS, SERVANTS OR SHAREHOLDERS FOR ANY LOSS OR DAMAGE TO THE OTHER’S PROPERTY BY REASON OF FIRE, THE ELEMENTS, OR ANY OTHER CAUSE WHICH IS COVERED OR COULD BE COVERED BY STANDARD “ALL-RISKS” PROPERTY INSURANCE (INCLUDING COMPREHENSIVE BOILER AND MACHINERY COVERAGE), REGARDLESS OF CAUSE OR ORIGIN, INCLUDING NEGLIGENCE OF THE OTHER PARTY HERETO, ITS AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, PARTNERS, MEMBERS, SERVANTS OR SHAREHOLDERS. EACH PARTY’S PROPERTY INSURANCE POLICIES SHALL CONTAIN PROVISIONS WHERE THE INSURER WAIVES THEIR RIGHT OF SUBROGATION AGAINST SUCH OTHER PARTY.
Waiver of Claims and Subrogation. Notwithstanding anything to the contrary in this Lease, to the extent that this waiver does not invalidate or impair their respective insurance policies, the parties hereto release each other and their respective agents, employees, successors, assignees and subtenants from all liability for injury to any person or damage to any property that is caused by or results from a risk (i) which is actually insured against, to the extent of receipt of payment under such policy (unless the failure to receive payment under any such policy results from a failure of the insured party to comply with or observe the terms and conditions of the insurance policy covering such liability, in which event, such release shall not be so limited), (ii) which is required to be insured against under this Lease, or (iii) which would normally be covered by the standard form of “all risk-extended coverage” property and casualty insurance, without regard to the negligence or willful misconduct of the entity so released. Landlord and Tenant shall each obtain from their respective insurers under all policies of fire, theft, and other property insurance maintained by either of them at any time during the Term insuring or covering the Project or any portion thereof of its contents therein, a waiver of all rights of subrogation which the insurer of one party might otherwise, if at all, have against the other party, and Landlord and Tenant shall each indemnify the other against any loss or expense, including reasonable attorneys’ fees, resulting from the failure to obtain such waiver.
Waiver of Claims and Subrogation. Notwithstanding anything to the contrary herein the Parties hereto waive claims against each other for all loss or damage covered by property insurance, regardless of the cause of such loss or damage.
Waiver of Claims and Subrogation. Each party hereby waives and releases the other party and its respective officers, directors, partners, members, agents, representatives and employees, from any claim (including a claim for negligence) which it might otherwise have against the other party for loss, damage or destruction to its real and personal property (including the Building, Building Complex, Premises and Tenant's Property) or for loss of business arising out of or related to the use and occupancy of the Premises occurring during the Lease Term which is insured or capable of being insured against under insurance required under this Paragraph. Tenant also waives all such rights of recovery against the Building Manager. Each party shall notify its insurance carrier of this waiver provision and obtain an appropriate waiver of subrogation provision in its policies.
Waiver of Claims and Subrogation. Notwithstanding any other provisions in this Lease to the contrary, Landlord and Tenant hereby release one another 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 covered by property insurance or coverable by a customary policy of the insurance required by Article 11(a) or Article 11(b) (whichever is applicable), even if such loss or damage shall have been caused by the fault or negligence of the other party, or anyone for whom such party may be responsible.
Waiver of Claims and Subrogation. LESSEE hereby releases LESSOR -------------------------------- from any and all liability or responsibility to LESSEE or anyone claiming through or under it by way of subrogation or otherwise for any loss or damage to the Building and Premises, or to the contents of or personal property located in the Building or Premises caused by fire, theft, water or any other casualty, whether or not said loss or damage may have been the result of the negligence of LESSOR, its agents or employees, other lessees or persons or the result of any other cause. LESSEE agrees to obtain whatever personal property or contents insurance is sufficient or appropriate to protect its property against all of the foregoing losses or damage, including but not limited to fire insurance, with extended coverage, vandalism and malicious mischief, theft and mysterious disappearance endorsements and water and sprinkler damage insurance, LESSEE shall deposit with LESSOR the appropriate policy or certificate evidencing the existence of such insurance, LESSEE agrees to have any and all such insurance coverage or any and all material damage insurance which may be carried endorsed with the following subrogation clause: "This insurance shall not be invalidated should the insured waive in writing prior to a loss any or all right of recovery against any party for loss occurring to the property described herein." LESSOR hereby releases LESSEE from any and all liability or responsibility to LESSOR or anyone claiming through or under it by way of subrogation or otherwise for any loss or damage to the building and premises or to the contents of or personal property located in the building and premises caused by fire, theft, water or any other casualty whether or not said loss or damage may have been the result of negligence of LESSEE, its agents, or employees, other Lessees or persons or the result of any other cause LESSOR shall obtain the same endorsement as provided above. The foregoing release of liability and waiver of the right of subrogation shall not be operative in any case where the effect is to invalidate insurance coverage.
Waiver of Claims and Subrogation. Each of Lessor and Lessee do hereby remise, release and discharge the other party and any officer, agent, employee, representative or contractor of such party, of and from any liability whatsoever hereafter arising from loss, damage or injury caused by fire or other casualty for which insurance (permitting waiver of liability and containing a waiver of subrogation) shall be carried as required by this Lease by the injured party at the time of such loss, damage or injury to the extent of any recovery by the injured party under such insurance. All insurance policies carried by Lessor or Lessee (except fidelity bonds, blanket crime insurance or workers compensation where contrary to public policy or law), shall expressly waive any right of subrogation on the part of the insurer against the other party. The parties hereto agree that their policies will include such waiver clause or endorsement so long as the same are obtainable without extra cost, and in the event of such an extra charge the other party, at its election, may pay the same, but shall not be obligated to do so.
Waiver of Claims and Subrogation. Notwithstanding that any loss or damage may be due to or result from the negligence of either of the parties hereto, Landlord and Tenant, for themselves and their respective insurers, each waive any and all rights to recover against the other, against any subsidiary or joint venture of such other party or against any other occupant of the Project, or against the officers, directors, shareholders, partners, joint ventures, employees, agents, customers, invitees, or business visitors of such other party or of such other tenant or occupant of the Project, for any loss or damage to the property of such waiving party arising from any cause, if and to the extent that such damage is covered by the waiving party’s property insurance, or would have been so covered if the waiving party had carried the property insurance that it is required to carry under this Article 6.
Waiver of Claims and Subrogation. Landlord and Tenant hereby waive any and all rights of recovery, claims, actions and causes of action against the other for any loss or damage with respect to Tenant’s Property, Leasehold Improvements, Alterations, the Building, the Premises, or any contents thereof, including rights, claims, actions and causes of action based on negligence, which loss or damage is (or would have been, had the insurance required by this Lease been carried) covered by insurance. For the purposes of this waiver, any deductible with respect to a party’s insurance shall be deemed covered by and recoverable by such party under valid and collectable policies of insurance. Landlord and Tenant shall procure an appropriate clause in, or endorsement on, any fire or extended coverage insurance covering the Tenant’s Property, Leasehold Improvements, Alterations, the Building, the Premises, or any contents thereof, pursuant to which the insurer waives subrogation, or consents to a waiver of right of recovery.
Waiver of Claims and Subrogation. Landlord waives any and all rights of recovery against Tenant for liability or damages if such liability or damage is covered by Landlord’s insurance policies then in force or the insurance policies Landlord is required to obtain by Section 8.1 (whether or not the insurance Landlord is required to obtain by Section 8.1 is then in force and effect), whichever is broader. Landlord’s waiver shall not be limited by the amount of insurance then carried by Landlord or the deductibles applicable thereto. Tenant waives any and all rights of recovery against Landlord, Landlord’s employees, agents and contractors for liability or damages if such liability or damage is covered by Tenant’s insurance policies then in force or the insurance policies Tenant is required to obtain by Section 8.1 (whether or not the insurance Tenant is required to obtain by Section 8.1 is then in force and effect), whichever is broader. Tenant’s waiver shall not be limited by the amount of insurance then carried by Tenant or the deductibles applicable thereto. Each party shall cause the insurance policies it obtains in accordance with this Section 8 to provide that the insurance company waives all right of recovery by subrogation against the other party in connection with any liability or damage covered by any policy or policies covering the insured party.
