Actions by Agency Clause Samples

Actions by Agency. Agency shall not move, remove, modify, alter, or change in any way the Equipment or any part thereof without the prior written approval of Company except as set forth in Schedule J (Agency’s Maintenance Responsibilities). Notwithstanding the foregoing, Agency may take reasonable steps to protect the Equipment if, due to an emergency, it is not possible or reasonable to notify Company before taking any such actions. In the event of such an emergency, Agency shall take reasonable steps to protect the Equipment from damage or injury and shall follow instructions for emergency action provided in advance by Company. Agency agrees to maintain the Facilities in good repair and to protect and preserve all portions thereof that may in any way affect the operation or maintenance of the Equipment. If Company contends that Agency is not performing maintenance responsibilities in accordance with Schedule J, or that Agency has made any other material changes, including a change in manner of use, hours of operation for the equipment, permanent changes in the comfort and service parameters, occupancy or structure of the premises, types and quantities of equipment at the Premises, then Company shall submit a report to the Agency and the Agency shall determine what, if any, adjustments to baseline will be made. Company shall submit any dispute arising from this determination to arbitration pursuant to Section 20.

Actions by Agency. Agency shall not move, remove, modify, alter, or change in any way the Equipment or any part thereof without the prior written approval of ESCO. Notwithstanding the foregoing, Agency may take reasonable steps to protect the Equipment if, due to an emergency, it is not possible or reasonable to notify ESCO before taking any such actions. In the event of such an emergency, Agency shall take reasonable steps to protect the Equipment from damage or injury and shall follow instructions for emergency action provided in advance by ESCO. Agency agrees to maintain the Premises in good repair and to protect and preserve all portions thereof which may in any way affect the operation or maintenance of the Equipment.

Actions by Agency. Agency shall provide all service, repairs, and adjustments to the Equipment installed under terms of the Contract #_85730116. The Agency is responsible for Equipment service, repairs, and adjustments, however, if the need for maintenance or repairs principally arises due to the negligence or willful misconduct of the Agency or any employee or other agent of Agency, and ESCO can so demonstrate such causal connection, ESCO may charge Agency for the actual cost of the maintenance or repair insofar as such cost is not covered by any warranty or insurance proceeds.

Actions by Agency. This section states the Agency may not make any changes to the operation and maintenance of the equipment without the prior written approval of the Contractor unless otherwise indicated in Schedule CC (Agency’s Maintenance Responsibilities) or if there is an emergency and the Contractor cannot be reasonably notified. In the case of such emergency, the Agency should follow instructions provided by the Contractor for emergency action.

Actions by Agency. Agency shall not move, remove, modify, alter, or change in any way the Equipment or any part thereof without the prior written approval of ESCO except as set forth in Schedule K (Agency's Maintenance Responsibilities). Notwithstanding the foregoing, Agency may take reasonable steps to protect the Equipment if, due to an emergency, it is not possible or reasonable to notify ESCO before taking any such actions. In the event of such an emergency, Agency shall take reasonable steps to protect the Equipment from damage or injury and shall follow instructions for emergency action provided in advance by ESCO. Agency agrees to maintain the Premises in good repair and to protect and preserve all portions thereof, which may in any way affect the operation or maintenance of the Equipment.