No
Such a term would likely be void for uncertainty if the reasons for making the charge were not spelled out in sufficient detail such that the other party would clearly know the circumstances where the charge might be levied. “Because we want to” is not such a reason.
It’s perfectly legitimate to give one party discretionary powers but the scope of these must be defined. Giving discretion means that the party is released from considering the adverse effects that the exercise of the discretion might have on the other party although, in general, the discretion still has to be executed reasonably.
With respect to a damages clause, common law (e.g. Ireland) requires that these must be a genuine pre-estimate of the loss and not be so high as to constitute a penalty. Contracts cannot have punitive clauses.
