New York Waiver of Lease Provision by Owner of Surface of Lands

State:
Multi-State
Control #:
US-OG-156
Format:
Word; 
Rich Text
Instant download

Description

This form addresses provisions that may be contained in an oil and gas lease restricting the use of the surface of lands. The form provides for the lease restrictions, contained in a lease, to be identified in the document.

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FAQ

Waiver is defined as follows: When the landlord knows that the tenant is breaching the lease, yet conducts the landlord-tenant relationship in the normal course (for example, accepts rent and otherwise does nothing to object to the violation of the lease), then the court may infer that the owner has waived, or forgiven ...

Cons of a waiver of subrogation Results in increased premiums because insurance companies need to offset the risk of loss. May be a breach of contract with your insurer if you sign a waiver in a business agreement without consulting your insurance company first.

Commercial leases in California often include a waiver of subrogation provision. The waiver is in effect an agreement between the parties to look to their respective insurance carriers in the event of a covered claim against either party. Such provisions are intended to avoid litigation between the landlord and tenant.

Tenants in New York cannot be denied based on past legal conflicts with a landlord (for example, if they have previously sued a landlord). Landlords in New York are also not allowed to charge any additional fees for the processing, review, or acceptance of an application.

A waiver of subrogation is a clause stating the insurance company agrees not to seek financial restitution after paying for losses on an insured claim. This agreement is used when it is beneficial for two parties to maintain a relationship, such as between a landlord and a tenant.

A waiver of subrogation is a clause stating the insurance company agrees not to seek financial restitution after paying for losses on an insured claim. This agreement is used when it is beneficial for two parties to maintain a relationship, such as between a landlord and a tenant.

Some leases contain mutual waivers of subrogation, where both the landlord and the tenant waive recovery rights against each other for any claimed loss covered by insurance.

Commercial leases in California often include a waiver of subrogation provision. The waiver is in effect an agreement between the parties to look to their respective insurance carriers in the event of a covered claim against either party. Such provisions are intended to avoid litigation between the landlord and tenant.

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New York Waiver of Lease Provision by Owner of Surface of Lands