CCP 11-24-2009 - Laserfiche WebLink

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9.3 RELEASE, Each party hereto ("Releasing. Party") hereby releases the other ("Released Party'_), from any liability that the Released Party would, but for this paragraph, have had to the Releasing Party arising out of or in connection with any accident or occurrence or casualty: (a) that is or would be covered by a fire and extended coverage policy (with. vandalism and malicious mischief endorsement attached) or by a sprinkler leakage or water damage policy in the state in which the Leased. Space is located regardless of whether or not such coverage is being carried by the Releasing Party; and (b) to the extent of recovery under any other casualty or property damage insurancebeing carried by the Releasing Party at the time of such accident or occurrence or casualty, which accident or occurrence or casualty may have resulted in whole or in part from the act of neglect of the Released Party, its officers, agents or employees, provided, however, the release hereinabove set forth shall become inoperative and null and void if the Releasing Party contracts for the insurance required to be carried under the terms of this Lease with an insurance company that: (1) Takes the position that. the existence of such release vitiates or would adversely affect . any policy so insuring the Releasing Party in a substantial manner and notice thereof is given to the Released Party, or (2) Requires the payment of a higher premium by reason of the existence of such release, unless in the latter case the Released Party within ten (10) days after notice thereof from the Releasing Party pays such increase in premium. 9.4 . PROTECTION FROM SUBROGATION. Anything in this Lease to the contrary notwithstanding, neither Landlord nor Tenant shall be liable to the other for any business interruption or any loss or damage to property or injury to or death of persons occurring on the Leased Space or the adjoining properties, mall areas, sidewalks, streets or alleys, or in any manner growing out of or connected with Tenant use and occupation of Leased Space, or the condition thereof or ofmall areas, sidewalks, streets or alleys adjoining caused by the negligence or other fault of Landlord or Tenant or of their respective agents, employees, subtenants, licensees or assignees to the extent that such business interruption or loss or damage to property or injury to or death of a person is covered by or indemnified by proceeds received from insurance covered by other party; and Landlord and Tenant each hereby respectively waive all rights of recovery against the other, its agents, employees, subtenants, licensees and -assignees, for any such loss or damage to property or injury to or death of persons to the extent the same is covered by proceeds received from insurance provided by other party, or for which reimbursement is otherwise received. Landlord's and Tenant's respective policies of insurance shall each contain a waiver of subrogation provision incorporating the above covenant and providing that the insurance shall not be invalidated by the insured's written waiver prior to a loss of any or all right of recovery against any party for any insured loss. It is expressly understood that Landlord shall not be liable to Tenant for any damages incurred by the latter as a result of the 7