Common use of Actions by Agency Clause in Contracts

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.