Item 9
TIP may order any vessel to vacate the loading berth for any reason at any time. Should any vessel refuse or fail to vacate the berth when ordered to do so by TIP, a charge of $1000.00 per hour for each hour after vacating notice has been given to vessel’s owner, operator, agent, master or TIP, will be assessed to the vessel occupying the berth. This charge shall be assessed as liquidated damages and the parties agree that this accurately represents a minimum estimate of damages to TIP because of the failure of the vessel to vacate. This charge shall not impair the right of TIP to compel the removal of the vessel from the berth, nor shall it constitute a waiver on the part of TIP to claim greater actual damages that may be sustained as a result of the vessel’s failure to vacate.
TIP shall have the right, authority, and privilege to remove the vessel by any lawful means at the vessel’s own risk and expense and shall not be liable for any damage, delay, or other expense including legal costs arising from the act of removal of the vessel by whomsoever incurred.