Changes to ECMs and Facilities by Customer Sample Clauses

Changes to ECMs and Facilities by Customer. To the extent Company is responsible for maintenance under Section 3.3, Customer shall not move, remove, modify, alter, or materially change in any way the ECMs or any part thereof without the prior written approval of Company, which consent shall not be unreasonably withheld, except as set forth in Schedule I (Customer’s Maintenance Responsibilities). Notwithstanding the foregoing, Customer may take reasonable steps to protect an ECM 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, Customer shall take reasonable steps to protect the ECM from damage or injury and shall follow instructions for emergency action provided in advance by Company. Customer 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 ECM. If Company contends that Customer is not performing maintenance responsibilities in accordance with Schedule I (Customer’s Maintenance Responsibilities), or that Customer 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 Facilities, types and quantities of equipment at the Facilities, then Company shall submit a report to Customer describing in detail the conditions set forth in the preceding sentence which may adjust the Baseline, and shall determine what, if any, adjustments to Baseline will be made. Adjustments to the Baseline must be approved by the Customer and approval of adjustments will not be unreasonably withheld.
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