Wiiloman, may I refer you to my post where I state that I know of instances where handling agents have paid both actual and liquidated damages. Liquidated damages are the add on costs such as Hotac for pax, Sub - charter costs, positioning costs, leasing costs etc. I doubt that the handling agent wishes to upset a major customer and potentially lose the entire contract.
Ramp tramp has also made the point that Handling Agents do pay up when the fault is down to their own negligence, and that the hold harmless clause can be removed if the airline wishes, but it will pay more for the Handling as the handling agents insurance costs will also rise.
I doubt that BMI will have to go anywhere near a court to get satisfaction.