The Waiver of Subrogation
I am trying to get a broader sense of if other CRE professionals are encouraging/discouraging this clause in their Leases.

I  see it frequently in a situation where an offsite Landlord will want this but when the Landlord is also a Tenant it is a tougher sell.  


Tenant rep brokers: are you fighting these?

LL Brokers: Are you seeing LL's open to not having them?

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Also trying to understand if geography is playing a big role.

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Thanks,
[{"id": "f80e2h4", "text": "When landlord-side, I'm much more concerned with the specifics of the insurance terms. \n\nThe trick is, whether LL or Tenant, is that it's in that class of issues that's sort of a contingency of an contingency. It can be hard to make a client care, so it becomes one of those topics that's more a gloss on the general balance of power.", "replies": [{"id": "f80eq56", "text": "Interesting. I completely agree that it tends to get glossed over but it seems to me that its one of those ones that  in a bad scenario could really alter the result.\n\n The reason it came up is I am in the middle of a deal as a dual agent and for the first time in 6 years the Tenant really latched onto this clause and it got me thinking. As far as I can tell this Waiver is quite freaky, but to be fair I would typically say \"Put the two lawyers together, it may be an expensive call but when its done the deal will be done\" but unfortunately they are pushing to keep legal bills to an all time low!  \n\n\nMy Tenant really wrapped it up saying that if the LL burns the building down his insurance shouldn't be on the hook. (Bearing in mind this is a two tenant building and the LL is in 1/2 of it) and this got me thinking about how different the approaches of adding value you depending on what side you sit. Dual agency is nuts!", "replies": [{"id": "f820gal", "text": "Welcome to my world of \"here's the bad thing that can happen when you agree to this,\" that as often as not I'm fighting with the broker to get the client to worry about.\n\nObviously, I can't judge the freakiness of the individual term, but it really ought not to be difficult to come up with one that treats both parties equally, unless there are other hard fought terms or there's a particularly large disparity in power or there's some particular element to Tenant's usage. Like I would think that the Tenant should realize how that's a pretty myopic view of the term and what it does in the lease overall, unless, as you write, it's particularly weird.", "replies": [], "depth": 3}], "depth": 2}], "depth": 1}]