A waiver of subrogation is a contractual provision whereby one party agrees to relinquish their right to seek compensation from a third party for losses covered by insurance. This clause is often used to prevent insurers from pursuing subrogation claims against other parties involved in the contract, promoting a smoother resolution of potential disputes.
WAIVER OF SUBROGATION: LANDLORD and TENANT release each other and their respective successors and assigns from claims for damage to any person or to the premises and the building and other improvements on which the premises are located, and to the fixtures, personal property, TENANT’S improvements, and alterations of either LANDLORD or TENANT in or to or on the land, the building and other improvements on which the premises are located which claims are caused by or results from risks insured against under any insurance policies carried by the parties and in force at the time of any such damage.
Waiver of Subrogation. Neither US Mine nor Purebase shall have any claim against the other or the employees, officers, directors, managers, agents, shareholders, partners or other owners of the other for any loss, damage or injury which is covered by insurance carried by either Party and for which recovery from such insurer is made, notwithstanding the negligence of either Party in causing the loss. This waiver and release shall be valid only if the insurance policy in question permits waiver of subrogation or if the insurer agrees in writing that such waiver of subrogation will not affect coverage under said policy. Each Party agrees to use its best efforts to obtain a policy which expressly permits a waiver of subrogation. If any Party cannot obtain such a policy, then such Party agrees to use its best efforts to obtain from its insurer an agreement in writing that such waiver of subrogation will not affect coverage under its policy. The forgoing waiver and release shall not apply, however, to any damage caused by intentionally wrongful actions or omissions.
Landlord to Indemnify Tenant. Subject to Section 14.1 above, to the fullest extent permitted by law (but subject to any waiver of subrogation or endorsement), Landlord agrees to indemnify and hold Tenant, its officers, directors, stockholders, beneficiaries, partners, representatives, agents, members and employees (collectively, “Tenant’s Indemnified Persons”), harmless from and against any and all losses, damages, claims, suits, actions, judgments and costs (including reasonable attorneys’ fees and expenses) arising out of any injury to or death of persons or damage to property in, on or about the Leased Premises to the extent caused by the negligent or willful acts or omissions (where with regard to any such omission, there was a duty to act) of Landlord or anyone for whom Landlord may be vicariously liable, except to the extent covered by the waiver of subrogation provision or endorsement in Tenant’s insurance policies. As a condition to Landlord’s indemnification obligations hereunder, Tenant shall provide to Landlord prompt Notice of any claim for which indemnification is sought. Landlord shall have the right to settle any such claim on any terms acceptable to Landlord, provided that such settlement does not impose any obligation on Tenant or adversely affect any rights or interests of Tenant or its business. The indemnification contained in this Section 14.2 shall include reasonable attorneys’ fees and disbursements incurred by Tenant arising due to a breach of Landlord’s duty to defend.
Waiver of Subrogation on Workers Compensation AND Waiver of Subrogation on General Liability OR the following statement may be provided: WAIVER OF RIGHTS OF RECOVERY—The carrier will not apply the Recovering Damages from a Third Party rule when a contract specifies that the carrier waive their subrogation rights. The carrier will only waive their subrogation rights PRIOR to the occupancy or the actual loss or damage.
At no additional to cost to Sunovion or SDPA, Urovant will obtain a waiver of subrogation in favor of Sunovion and SDPA. Urovant will cause its insurer(s) to endorse all insurance policies, except for the crime (employee dishonesty) policy, to (a) name Sunovion and SDPA as an additional insured; (b) give Sunovion at least thirty (30) days prior written notice of any cancellation, material change or termination in coverage required under this endorsement; (c) include a separation of insured provision, or insured versus insured provision with no cross liability or cross suits exclusions; (d) state a waiver of the insurer(s)’ subrogation rights against Sunovion and SDPA; and (v) state all insurance maintained by Urovant will be primary and non-contributory.
Waiver of Subrogation. Landlord and Tenant each waive any and all rights to recover against the other, or against the officers, directors, shareholders, partners, joint venturers, employees, agents, customers, invitees, or business visitors of such other party, for any loss or damage to such waiving party arising from any cause covered by any property insurance required to be carried by such party pursuant to this Article 4 or any other property insurance actually carried by such party to the extent of the limits of such policy. Landlord and Tenant from time to time will cause their respective insurers to issue appropriate waiver of subrogation rights endorsements if necessary, to all property insurance policies carried in connection with the Building or the Premises or the contents of the Building or the Premises. Tenant agrees to cause all other occupants of the Premises claiming by, under, or through Tenant to execute and deliver to Landlord such a waiver of claims and to obtain such waiver of subrogation rights endorsements.
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.
A waiver of subrogation is a contractual provision where one party agrees to waive their insurer’s rights to pursue recovery from a third party for damages or losses covered by a policy. This means that if a loss occurs, and the insurance company pays for the damages, they cannot go after the responsible party to recoup those costs. This waiver is commonly used to prevent lawsuits between entities that have a working relationship.
A waiver of subrogation should be used in situations where it is necessary to maintain cooperative and harmonious business relationships, especially in industries where potential liabilities are clear. It is often used in:
Writing a waiver of subrogation involves clear and concise language that specifies the waiver terms and conditions. It should include:
Example of Waiver of Subrogation Clause: “The Tenant agrees to waive the insurer’s rights of subrogation against the Landlord, or any other associated entity, to the extent that such claims are covered by the insurance policies carried by the Tenant.”
Contracts that typically include a waiver of subrogation are those where potential liabilities and cross-suits need to be minimized. These usually include:
Inclusion of a waiver of subrogation helps in reducing litigation risk and fostering good business relationships.
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Dive deeper into the world of clauses and learn more about these other clauses that are used in real contracts.
A waiver clause specifies that a party's failure or delay in enforcing a contractual right or provision does not constitute a relinquishment of that right or prevent them from enforcing it in the future. This provision ensures that rights remain intact even if they are not immediately exercised.
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The "Warranty of Title" clause ensures that the seller guarantees they have the legal right to transfer ownership of the goods being sold and that the title is free from any encumbrances, liens, or other claims. This clause protects the buyer from any third-party claims on the title that may arise after the purchase.
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