The term "Force Majeure" is defined as any act of God; act of the public enemy; strike; lockout or work stoppage; riot; tumult; insurrection; disorder; epidemic; pandemic; lightning; earthquake; fire; storm; wind; flood; hurricane; water; civil disturbance; war; governmental decree; act of any governmental authority; act of terrorism; condemnation; explosion; breakdown or failure of machinery and equipment; interference by civil or military authority; collapse of any building, shed, platform or wharf; settling of any floor or foundation; breakage of any pipe; loss caused by a rat, mouse, moth, weevil, or other animal or insect; frost or other weather related occurrence; failure or delay of any manufacturer or person from whom the Authority is obtaining machinery, equipment, materials, supplies to deliver the same; any other event or circumstance beyond the control of the Authority.
Except as may be caused by its own negligence, the Authority shall not be responsible for any delays, losses, damages or failure to perform any of its obligations where such delays, losses, damages or failure to perform are due to Force Majeure.
Charges and claims of all kinds, including claims, considered in dispute between the User and Authority shall be resolved as mutually agreed and the User shall not short pay / offset said charges against any other payments due the Authority.
Additionally, all damages must be reported at the time of discovery to the GPA Port Police Department at (912)964-3925 if said damages are resultant of, incidental to, or in any way in relation to or in connection with the operations of the Authority or its employees. The Port Police Department will notify the appropriate Authority personnel. The Authority will not accept any responsibility for damage(s) unless given the opportunity to investigate said damage(s) at the time of discovery. A joint inspection may be requested by either party in an effort to determine liability. Either party may hire a qualified surveyor at its own expense to investigate said damage(s). If the parties should disagree as to fault, they may meet thereafter in an attempt to resolve the claim.