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1987484.v5 18
<br />the extent such Losses are insured against, or are required (under the terms of this Agreement)
<br />to be insured against, which waiver includes, but is not limited to, Losses, deductibles or self-
<br />insured retentions covered by each party’s respective commercial property, business
<br />income/extra expense/rental value insurance, commercial general liability, business auto
<br />liability, workers’ compensation or employers’ liability policies. The risk to be borne by Doran
<br />III and the Owner of the Stinson Property shall also include the satisfaction of any deductible
<br />(or self-insured retention) amounts required to be paid under the applicable insurance carried
<br />by the party incurring the Losses, and each of the parties hereto agrees that the others shall not
<br />be responsible for satisfaction of such deductible (or self-insured retention amount). The
<br />waivers set forth above in this Section f.(ii) shall apply if the Losses in question would have
<br />been covered by a normal and customary "all risks” or “special form” property insurance
<br />policy, even if the party suffering the Losses fails to maintain such coverage. The respective
<br />insurance policies of Doran III and the Owner of the Stinson Property shall include a waiver of
<br />all rights of subrogation by the insurance carrier against the other parties and their respective
<br />agents and employees.
<br />iii.DORAN III AND THE OWNER OF THE STINSON PROPERTY EACH, FOR ITSELF AND
<br />ITS RESPECTIVE MEMBERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES,
<br />AGENTS, AFFILIATES, SUCCESSORS AND ASSIGNS, HEREBY RELEASES AND
<br />FOREVER DISCHARGES, WAIVES AND EXONERATES THE OTHER AND ITS
<br />RESPECTIVE MEMBERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES,
<br />AGENTS, SUCCESSORS AND ASSIGNS FROM ANY AND ALL LIABILITIES,
<br />OBLIGATIONS, CLAIMS, CAUSES OF ACTION AND DEMANDS AT LAW OR IN
<br />EQUITY, CONTROVERSIES, DAMAGES, COSTS, LOSSES AND EXPENSES
<br />(WHETHER KNOWN OR UNKNOWN AS OF THE DATE OF THIS AGREEMENT) THAT
<br />ANY OR ALL OF DORAN III AND THE OWNER OF THE STINSON PROPERTY EACH,
<br />FOR ITSELF AND ITS RESPECTIVE MEMBERS, PARTNERS, OFFICERS, DIRECTORS,
<br />EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS AND ASSIGNS NOW HAS, OR
<br />MAY HAVE IN THE FUTURE, DIRECTLY ARISING OUT OF ANY MATTERS, OF ANY
<br />NATURE WHATSOEVER, UNDER THIS AGREEMENT, INCLUDING, WITHOUT
<br />LIMITATION, ALL CLAIMS IN TORT OR CONTRACT, ALL CLAIMS UNDER A
<br />WARRANTY OF ANY KIND (WHETHER EXPRESS, IMPLIED, OR, TO THE
<br />MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STATUTORY) AND
<br />INCLUDING ANY WARRANTY OF MERCHANTABILITY, HABITABILITY OR GOOD
<br />AND WORKMANLIKE CONSTRUCTION AND WARRANTIES OF FITNESS FOR USE
<br />OR ACCEPTABILITY FOR THE PURPOSE INTENDED, AND ANY OTHER BASIS FOR
<br />RECOVERY OR REIMBURSEMENT, INCLUDING, BUT NOT LIMITED TO,
<br />NEGLIGENCE OR STRICT LIABILITY. NOTWITHSTANDING ANY OF THE
<br />FOREGOING RELEASE LANGUAGE, HOWEVER, THE FOREGOING RELEASE
<br />SHALL NOT APPLY, IN ANY CIRCUMSTANCE OR UNDER ANY CONDITION TO
<br />ANY MATTERS, OF ANY NATURE WHATSOEVER, THAT ARISE OR ACCRUE, AND
<br />ARE SUFFERED OR INCURRED BY ANY OR ALL OF DORAN III AND THE OWNER
<br />OF THE STINSON PROPERTY EACH, FOR ITSELF AND ITS RESPECTIVE MEMBERS,
<br />PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES,
<br />SUCCESSORS AND ASSIGNS AS A RESULT OF, OR DUE TO, OR BECAUSE OF THE
<br />BREACH OR DEFAULT UNDER THE TERMS OF THIS AGREEMENT, ANY
<br />MALFEASANCE OR ANY NEGLIGENT OR WILLFUL ACTS OR OMISSIONS OF ANY
<br />OR ALL OF THE RELEASEES SET FORTH HEREIN.
<br />g.Indemnify, hold harmless and defend Doran III, its affiliates and their respective employees, agents,
<br />contractors, invitees, officers, directors, lenders and subsidiaries (each an “Indemnitee”) from and
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