The Smallville Mall has assumed the responsibility for payment of liability losses caused by Chucks Famous Pizza to attract the pizza chain to the mall. Smallville Malls insurer knows the existence of this hold harmless agreement and includes a waiver-of-subrogation clause in its insurance policy. One of Chucks employees is found guilty of sexual harassment in the mall. Smallville Malls insurer pays the liability judgment. Who does Smallville Malls insurer collect from under its subrogation rights