Common use of SUBROGATION AND INDEMNITY Clause in Contracts

SUBROGATION AND INDEMNITY. Anything herein to the contrary notwithstanding, each party hereto hereby releases and waives all claims, rights of recovery and causes of action that either party or any party claiming by, through or under such party by subrogation or otherwise may now or hereafter have against the other party or any of the other party's partners, directors, officers,employees or agents for any loss or damage that may occur to the Premises, improvements or any of the contents of any of the foregoing by reason of fire or other casualty, or any other cause except gross negligence or willful misconduct(but including negligence of the parties hereto or their partners, directors, officers, employees, or agents) that is insured against under the terms of(i) any standard fare and extended coverage insurance policies required under the terms of this Lease,or(ii)any other loss covered by insurance required to be maintained under the terms of this Lease; provided,however, that this waiver shall be ineffective against any insurer of Lessor or Lessee to the extent that such waiver(i)is prohibited by the laws and insurance regulations of the State of Georgia or (ii) would invalidate any insurance coverage of Lessor or Lessee. The waiver set forth in this Section shall not apply to any deductibles on policies carried by Lessor, or Lessee or to any coinsurance penalty which Lessor or Lessee might sustain. Except for any of the claims, rights of recovery and causes of action that Lessor has released and waived pursuant to this Section, Lessee hereby releases, indemnifies, defends and holds harmless Lessor and Lessor's partners, agents, directors, officers, employees, invitees and contractors, from all claims, losses, costs, damages or expenses(including,but not limited to,reasonable attorneys' fees actually incurred)resulting or arising from any and all injuries or death of any person or damage to any property occurring during the Initial Term, any Option Term, or any tenancy after either,caused or alleged to have been caused by any act,omission, or neglect of Lessee or Lessee's directors, officers, employees, agents, invitees or guests, or any parties contracting with Lessee relating to the Premises, except(i) when such loss results from a default by Lessor under this Lease or the willful conduct or negligent act or omission of Lessor, its agents, employees or contractors, or (ii) to the extent of any insurance proceeds received(or receivable)by Lessor or payable under Lessor's insurance. Lessor hereby releases, protects, defends, indemnifies and holds Lessee, its shareholders, members, officers, directors, agents, employees and contractors harmless from and against any and all claims, losses, damages, demands, penalties, costs, liabilities, losses and expenses (including reasonable attorneys' fees actually incurred) to the extent caused by the negligence or willful misconduct. of Lessor or Lessor's agents, employees or contractors or Lessor's breach of this Lease. Lessee and Lessor agree that each shall not be responsible or liable to the other,or to their agents, customers or invitees,for any loss or damage to any property or persons occasioned by theft,fire,act of God,public enemy, injunction,riot,strike, insurrection,war,court order,requisition or order of governmental body or authority, or any other cause beyond the control of either party, or for any inconvenience or loss to either party in connection with any of the repair,maintenance,damage,destruction,restoration or replacement referred to in this Lease to the extent of the insurance coverage actually obtained.pursuant to the Lessee.

SUBROGATION AND INDEMNITY. Anything herein to the contrary notwithstanding, each party hereto hereby releases and waives all claims, rights of recovery and causes of action that either party or any party claiming by, through or under such party by subrogation or otherwise may now or hereafter have against the other party or any of the other party's partners, directors, officers,, employees or agents for any loss or damage that may occur to the Premises, improvements or any of the contents of any of the foregoing by reason of fire or other casualty, or any other cause except gross negligence or willful misconduct(but misconduct (but including negligence of the parties hereto or their partners, directors, officers, employees, or agents) that is insured against under the terms of(i) any standard fare isstandard fire and extended coverage insurance policies required under the terms of this Lease,or(ii)any , or(ii) any other loss covered by insurance required to be maintained under the terms of this Lease; provided,, however, that this waiver shall be ineffective against any insurer of Lessor or Lessee to the extent that such waiver(i)is prohibited by the laws and insurance regulations of the State of Georgia or (ii) would invalidate any insurance coverage of Lessor or Lessee. The waiver set forth in this Section shall not apply to any deductibles on policies carried by Lessor, or Lessee or to any coinsurance penalty which Lessor or Lessee might sustain. Except for any of the claims, rights of recovery and causes of action that Lessor has released and waived pursuant to this Section, Lessee hereby releases, indemnifies, defends and holds harmless Lessor and Lessor's partners, agents, directors, officers, employees, invitees and contractors, from fi-om all claims, losses, costs, damages or expenses(including,expenses (including, but not limited to,, reasonable attorneys' fees actually incurred)resulting incurred) resulting or arising from any and all injuries or death of any person or damage to any property occurring during the Initial Term, any Option Term, or any tenancy after either,, caused or alleged to have been caused by any act,, omission, or neglect of Lessee or Lessee's directors, officers, employees, agents, invitees or guests, or any parties contracting with Lessee relating to the Premises, except(i) when such loss results from a default by Lessor under this Lease or the willful conduct or negligent act or omission of Lessor, its agents, employees or contractors, or (ii) to the extent of any insurance proceeds received(or receivable)by Lessor or payable under Lessor's insurance. Lessor hereby releases, protects, defends, indemnifies and holds Lessee, its shareholders, members, officers, directors, agents, employees and contractors harmless from and against any and all claims, losses, damages, demands, penalties, costs, liabilities, losses and expenses (including reasonable attorneys' fees actually incurred) to the extent caused by the negligence or willful misconduct. misconduct of Lessor or Lessor's agents, employees or contractors or Lessor's breach of this Lease. Lessee and Lessor agree that each shall not be responsible or liable to the other,, or to their agents, customers or invitees,, for any loss or damage to any property or persons occasioned by theft,, fire,, act of God,public enemy, injunction,, riot,strike, insurrection,, war,, court order,requisition or order of governmental body or authority, or any other cause beyond the control of either party, or for any inconvenience or loss Ioss to either party in connection with any of the repair,, maintenance,, damage,, destruction,, restoration or replacement referred to in this Lease to the extent of the insurance coverage actually obtained.pursuant obtained pursuant to the Lessee. .