18. WAIVER OF SUBROGATION
Landlord and Tenant each hereby waives any and all rights of recovery
against the other, its officers, members, agents and employees,
occurring on or arising out of the use and occupation of the Premises
or the Building to the extent such loss or damage is covered by
proceeds received from insurance required under this Lease to
be carried by the other party. This waiver of subrogation provision
shall be limited to (i) loss or damage to the property of Landlord
and Tenant, and (ii) the officers and employees of Landlord and
Tenant. 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. This mutual waiver shall
be in addition to, and not in limitation or derogation of, any
other waiver or release contained in this Lease with respect to
any loss of, or damage to, property of the parties hereto. Inasmuch
as the above mutual waivers will preclude the assignment of any
aforesaid claim by way of subrogation to an insurance company,
Landlord and Tenant agree immediately to give to each insurance
company providing a policy described in Section 17 of this Lease,
written notice of the terms of said mutual waivers, and to have
said insurance policies properly endorsed, if necessary, to prevent
the invalidation of said insurance coverages by reason of said
waivers.
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