Common use of Payment of Certain Fees Clause in Contracts

Payment of Certain Fees. (a) Notwithstanding any provision in this Agreement to the contrary and without limiting the charges that may be levied under this Agreement the Customer agrees to pay: (i) the BAMA Contributions; and (ii) any charges in accordance with the current Grain Services Agreement Charges Schedule specified in Schedule 1. (b) The Customer acknowledges that: (i) the charges set out in Schedule 1 are a realistic assessment of the loss and damage that CBH will suffer as a result of a failure by the Customer to comply with their obligations under the Agreement and the Port Terminal Rules; (ii) CBH is entitled to retain the fees paid or to levy the charges payable as compensation by way of liquidated damages as a result of a failure by the Customer to comply with their obligations under the Agreement; and (iii) CBH is entitled to invoice the Customer for any additional charges prescribed in Schedule 1 for Grain Outturned by CBH as a direct result of the actions of the Customer or the Customer’s agent.