Specific Waiver of Subrogation Against Sponsor
What this clause says
Vendor shall include in all required insurance policies a Waiver of Subrogation in favor of Sponsor and its parents, subsidiaries, affiliates, directors, officers, employees, and agents for any loss arising from or relating to Vendor's performance of this Agreement.
What this means in plain English
Subrogation waivers prevent the insurance carrier from pursuing reimbursement from a named party after paying a claim. Most blanket waivers cover "any party with whom Vendor has agreed in writing to waive subrogation" but sponsor MSAs often require the waiver named specifically.
What it means for a CDMO program
Most CGL policies allow blanket waivers of subrogation via a simple endorsement at minimal cost. Where a sponsor requires a specifically-named waiver, a per-sponsor endorsement may be required. Confirm with the carrier before MSA execution.
How this evaluates
The Decoder applies these rules in order; the first match wins.
- subrogation › waiver in place is set → Compliant: Waiver of subrogation endorsement in place.
- subrogation › waiver in place is not set → Gap: No subrogation waiver indicated.
See this in your MSA
Map this clause against your sponsor MSA.
Run the DecoderRelated clauses
Common questions about this clause
- Which MSA clauses require additional insured status for products and completed operations?
- How does a typical sponsor MSA insurance schedule read?
- Does clinical trial liability insurance cover investigator-sponsors and clinical sites?
- Where do CDMOs and CROs have leverage to negotiate sponsor MSA insurance terms?
- What products liability insurance do medical device manufacturers need?