Where the master,
charterers or owners of a ship fail to give the priority provided by
paragraph (e) of subclause (1) of clause 5 of the Agreement as
approved, the ship is liable to pay to the Company the loss sustained or
incurred by the Company by reason of that failure, unless that failure was due
to Act of God or circumstances beyond the control of the master, charterers or
owners of the ship or the exercise of the ordinary and necessary authority of
the Port Authority or Harbour Master with respect to the directions and
control of that ship.