GENERAL TERMS AND CONDITIONS OF HIRE

In the consideration of the renting by the Lessor named below, of Equipment as defined below and described in the Schedule, to the Lessee named below, for the Rates and Time period as described in the Schedule and subject to the provisions set out in the Schedule and to the General Terms and Conditions contained herein. DEFINITIONS LESSOR: FKS Civil Engineering Lessors address: LESSEE: Lessees address: EQUIPMENT Unless the context otherwise requires, the word EQUIPMENT shall be deemed to be the power source and shall include any accessories supplied with the EQUIPMENT at the commencement of anticipated hire period or at anytime thereafter by the DEALER to the CLIENT. THIS AGREEMENT Unless the context otherwise requires, the words this agreement shall be deemed to mean the General Terms and Conditions of Hire. AGREEMENT PURPOSE OF AGREEMENT It is expressly understood that this agreement is solely for the purpose of creating a rental transaction, which allows the LESSEE to use the EQUIPMENT as permitted by this agreement, and that nothing contained in this agreement shall be construed as such conveying to the LESSEE any right, title, or interest in the equipment other than rental. The title to said EQUIPMENT shall remain invested in LESSOR as such the LESSEE shall have no right to assign, transfer, hypothecate, or cause any liens, or encumbrance to attach the EQUIPMENT or any interest therein nor sublet the EQUIPMENT or any part thereof, nor lend nor part with possession of EQUIPMENT but shall be obliged to retain the EQUIPMENT on the site, and, save for the purpose of returning it to the LESSOR shall neither remove nor allow it to be removed there from without first obtaining the written consent of the LESSOR. The LESSEE will indemnify and hold the LESSOR harmless from all loss, liability and expenses including attorneys fees by reason thereof. No waivers, counterclaims or offsets of any kind or nature shall be setup or argued against the LESSOR without prior consent of the LESSOR. This agreement records the whole Agreement between the LESSEE and the LESSOR and overrides all the agreements, terms or conditions purporting to relate to the EQUIPMENT and collateral verbal agreements are expressly excluded. No condition, terms or representation not expressed herein shall be binding on the LESSOR or the LESSEE and No Variation shall be binding on either party unless reduced to writing and agreed to by the LESSOR and the LESSEE. CESSION The CLIENT shall not cede or assign this agreement.

CHARGES TERMS OF PAYMENT, HIRE EXTENSIONS OF HIRE, TERMINATION

PERIOD,

MINIMUM

HOURS,

DOWNTIME,

The basic rental charge(s) for the hire are determined on the first page of this agreement. The LESSEE shall be liable for ongoing hire charges calculated at the rates specified on the schedule not withstanding that the EQUIPMENT is idle as a result of inclement weather, normal running repairs including refueling, changing tyres, replacing filters, repairing punctures, or as a result of any other factor beyond the LESSORS control. The LESSEE shall not be liable for hire charge(s) when the EQUIPMENT is idle due to breakdown of the EQUIPMENT caused by a defect(s) in the EQUIPMENT. The signing of this document by any individual on behalf of the LESSEE shall thereby make said LESSEE liable for full payment of all rental charges and any other costs that may be incurred until the EQUIPMENT is returned to the LESSOR. There shall be annexed hereto a list of all individuals who are authorized to sign this Agreement on behalf of the LESSEE. All rent and services are payables at the expiry of each calendar month. Payment shall be made in no more than 10 days after the invoice date. Excess hours will be included on the monthly invoice. Fuel charges refer to any calculated upon the termination of rental, these are payable upon the return of the EQUIPMENT. HIRE PERIOD, MINIMUM HOURS The hire period is deemed to have commenced at the date and time indicated on the front page of this Agreement. The hire period is deemed to have ended at the date indicated on the schedule or at the time when the EQUIPMENT is returned to the DEALERS depot or nominated site, whichever is latest. There are three minimum rental charge rates: Daily Weekly Monthly Daily 8hours of operation per shift (07:30-12:00, 13:00-16:30) inclusive travel within site, to and from designated parking place of the EQUIPMENT. Weekly 40hours of operation over 5 days inclusive 8hours of operation per day (07:30-12:00, 13:00-16:30), travel within site, to and from designated parking place of the EQUIPMENT. Monthly 160hours inclusive 40hours of operation per 5 days, 8hours of operation per day (07:30-12:00, 13:00-16:30), and travel within site, to and from designated parking place of the EQUIPMENT. The minimum period used is indicated on the front page of this agreement. Fracture of a rental period draws the full charge. In all cases rental rates are for single shift use only (8 hours per day) If the number of hours for which the EQUIPMENT is operated during any hire period, exceeds the minimum hours stated for that hire period then excess charges, as described on the first page, will in effect apply for all hours of use in excess of minimum hours stated. The number of hours for which the EQUIPMENT is operated during any hire period shall be determined by the Operators TIME SHEET (Running Sheet) and the LESSEE undertakes on the

day of each month stated in this Agreement to sign the Time Sheet at the Close of business on that Date. TERMINATION OF RENTAL AND EXTENSION OF RENTAL TERM The date that the EQUIPMENT is due to be returned is indicated on the first page of this Agreement. It is the LESSEES responsibility to have given note less than 24 hours of notice of termination confirmation before the expiration of this period. The LESSEE must notify the LESSOR, at least 24 hours in advance, if they require the rent period to be extended beyond the return date. Notice of termination to the LESSORS Operator shall not constitute as valid notice of termination of the Agreement of hire. Notice of extension of hire to the LESSORS Operator shall not constitute as valid agreement of rental extension. All and any extensions of the rental hire period must be paid for, along with any additional deposits required. Failure to contact the LESSOR for return of the Equipment, notice of termination confirmation, or extension of rental at least 24 hours prior to the Scheduled return date, will constitute the LESSEES Agreement to extend the rental, on a daily rate charge, under the same terms and conditions as set forth herein except that during this period the LESSOR may retake possession of the EQUIPMENT and terminate the Agreement with or without cause, without notice. The LESSOR may terminate this Agreement at any time for reasons of misuse or neglect of Equipment. The LESSOR reserves the right to remove the EQUIPMENT from any job at any time when in its opinion, the EQUIPMENT is in danger of abuse, because of strikes, or for the purpose of inspection or repair. EQUIPMENT LOCATION, ACCESS AND SITE CONDITIONS The LESSEE will keep the EQUIPMENT at the address stated in this Agreement and will not move it to another location without first notifying the LESSOR and obtaining permission in writing. The LESSOR shall be entitled at all times to have access to the site and to inspect the EQUIPMENT. Where the ground is soft or unsuitable for the safe traveling or operation of the EQUIPMENT, the LESSEE shall be obliged at their own cost to provide and lay suitable materials for the EQUIPMENT to travel or work. Failure to comply with this obligation will constitute a breach of a material term of this Agreement entitling the LESSOR to cancel the Agreement alternatively excusing the EQUIPMENT from performance of its obligations until such a time as the LESSEE has provided and laid suitable materials. EQUIPMENT CONDITION AND DEFECTS REASONABLE WEAR AND TEAR Reasonable wear shall mean only the normal deterioration of the EQUIPMENT caused by the ordinary and reasonable use. If the EQUIPMENT is returned in a damaged or excessively worn condition, the LESSEE shall pay the LESSOR the costs of the restoration. The following will not be deemed reasonable wear and tear: damage resulting from lack of lubrication or lack of maintenance of necessary fluid levels, damage resulting from lack of normal services or preventative maintenance: damage resulting from any collision, overturning, or improper operation of EQUIPMENT, including damage in the nature of breakage, bending, or tearing of the EQUIPMENT or any part thereof, damage to tires caused by punctures, bruises, abrasions, or cut by wear at the rate in excess of 1/16nth of an inch per month. Additional items not considered reasonable wear and tear include excessive dust, saltwater damage, corrosion, and similar occurrences, or exposure to any hazardous, toxic or chemically reactive substances. RECEIPT OF EQUIPMENT, DEFECTS AND BREAKDOWNS, RETURN Transportation for shipping and return of the EQUIPMENT is the responsibility of the LESSEE and must be paid in full if we provide a Low Bed.

The LESSEE acknowledges receipt of the EQUIPMENT in good order and condition. The LESSEE shall be obliged to notify the LESSOR of any defect or deficiencies in the EQUIPMENT which are or which become apparent, and/or notified to the LESSEE by the Operator, immediately by the quickest practical method. In such event the CLIENT shall cease using the EQUIPMENT forthwith failing which the LESSEE shall be liable for all loss or damage, including consequential loss or damage, sustained by the LESSOR arising out of the continued use of the EQUIPMENT. In the event of any failure of the EQUIPMENT of any nature whatsoever, the LESSEE shall notify the LESSOR immediately. The LESSEE will not be charged for the rent duration of the EQUIPMENT failure if the failure is due to normal wear and tear and as long as he/she notifies the LESSOR of the failure the same day it occurs and returns the rented EQUIPMENT for repair or replacement within 24 hours. The LESSOR will, at their discretion, make such repairs as necessary to keep the rented Equipment in ordinary operation condition, at no expense to the LESSEE except as noted in the paragraph below. Should the EQUIPMENT need repairs that are due to causes other than reasonable wear and tear the expense shall be on the LESSEES account. The LESSEE will be charged Barloworld Equipment Mw standard repair rates should repair be necessary. Additionally any parts required will be charged to the LESSEE at Barloworld Equipment Mw standard prices. The LESSEE shall not incur any expense on the LESSORS account for the repair of any EQUIPMENT without the LESSORS prior written authorization nor shall the LESSEE attempt to undertake any repairs. The LESSEE shall not perform any modifications, alterations or changes to the EQUIPMENT without prior writing consent of the LESSOR. Any unauthorized modifications shall be removed and Equipment corrected to original status at the LESSEES expense. The LESSEES shall not assign, sublet, or move from the above location or allow alterations, repairs or modifications of the rented Equipment without the written consent of the LESSOR. At the expiration or sooner to the termination of this Agreement, or upon LESSORS prior demand, the LESSEE promises to return all EQUIPMENT in the same good, clean and uncontaminated condition as when delivered to the LESSEE, subject only to reasonable wear. USE AND CARE OF THE EQUIPMENT General The LESSOR disclaims responsibility for all and any permits and licenses necessary to operate the EQUIPMENT. The LESSEE shall at their own expense apply for and obtain any permits, licenses, certificates, permission or exemptions which may be required for and in connection with the operation of the EQUIPMENT. The LESSEE undertakes and warrants that they will use or permit the EQUIPMENT to be used only for the purposes for which it was hired; in a careful and proper manner in compliance with laws and manufactures instructions/restrictions and that the EQUIPMENT will not be used beyond its rated capacity. Furthermore, the EQUIPMENT shall be used in violation of any statute, regulation, or ordinance, and shall be used only in conjunction with the LESSEES business. The LESSEE warrants and represents that the EQUIPMENT shall not be exposed to any hazardous, toxic or chemically reactive materials while in possession and USE by the LESSEE except for those hazardous materials incorporated into the EQUIPMENT itself. The LESSEE shall be responsible for such regular daily maintenance of the EQUIPMENT as is necessary to keep it in good working order and condition. It is the LESSEES responsibility to provide and add; fuel, oil, lubricants, clean and perform other maintenance of the EQUIPMENT in accordance with manufactures recommendations and at their own expense. Only BP Oils and Lubricants purchased from an HA BP Lubes Depot may be used. The list of approved oils and lubricants will be provided when signing this document.

The LESSEE warrants that they will use appropriate Lubricants and Oils, failure to do so will attract a fine of equal magnitude to the cost of the remedy of Flushing the entire system in question and replacing to full mark, inclusive of replacement of filters. Regular servicing of the machine shall be performed as per the LESSORS Schedule of service for the item. Only the LESSOR may perform such servicing; including the replacement of Ground Engaging Tools, Only Genuine Caterpillar Parts bought from Barloworld Equipment Mw may be used. The LESSEE will be charged at Barloworld Equipment Mw standard rates. If the EQUIPMENT requires regular servicing while at the LESSEES site, this will be free of accommodation and transportation costs within a radius of 80 km from our Premises. Outside of this radius all transportation and accommodation costs will be borne by the LESSEE. Unless otherwise specified, tyres and tubes are the LESSEES responsibility and the LESSOR warrants that the tires on the EQUIPMENT supplied will be in good condition. The LESSEE shall be responsible for all repairs or for the cost of repairing all tire and tube punctures or other damage to tyres and tubes during the period of hire and shall be responsible for all cuts or abrasions of tires and tubes and the replacement thereof while the EQUIPMENT is on site. Unless the LESSEE notifies the LESSOR in writing to the contrary within 24 (twenty-four) hours of delivery of the EQUIPMENT to the site, the tires on the EQUIPMENT shall be deemed to be in good condition. The LESSORS Operator shall be under the sole and absolute control and supervision of the LESSEE who shall be responsible for all of the Operators acts or omissions. The LESSEE warrants and undertakes that they will give the Operator clear and specific instructions and directions for all the work to be performed by the Operator and the EQUIPMENT. The LESSEE shall be obliged and warrant that they will supervise or will provide responsible competent supervision for the Operator during the period of hire. In the event that the LESSORS Operator is indisposed through illness or refuses, fails or neglects to perform his duties then in any one of the aforementioned events the LESSEE shall forthwith report to the LESSORR any such non performance either through illness, refusal, failure or neglect on the part of the Operator in which event the LESSOR shall provide a substitute Operator and the LESSEE shall have no other remedy against the LESSOR there from. The LESSEE Shall is liable for the cost of the Operators Overtime, Accommodation and Applicable Daily Allowance required During the Hire of the EQUIPMENT. RISK The risk or any loss or damage in and to the EQUIPMENT and/or to property or persons passes to the LESSEE on the commencement of the period of hire. Such risk remains with the LESSEE until the EQUIPMENT is delivered to the LESSOR. The LESSEE shall be responsible for all expenses and loss arising from the breakdown, loss or damage to the EQUIPMENT occurring for any reason other than normal wear and tear. For any theft of the EQUIPMENT or parts thereof, such expense to include the traveling time and costs of the owner or its nominee incurred through the EQUIPMENT becoming immobilized or bogged down in wet ground or through rock-fall, subsidence inundation or the like and such loss to include loss of hire charges. The LESSEE undertakes at all times to takes adequate precautions to prevent theft of the EQUIPMENT any of its parts. In the event of the loss or theft of any Equipment, the LESSEE hereby agrees to immediately notify the LESSOR by telephone and thereafter immediately report in writing to the LESSOR and the appropriate public authorities all relevant information concerning such loss or theft of the EQUIPMENT. In the case of loss, theft or destruction of said EQUIPMENT or any of the accessories, or the loss of possession thereof, or inability to return same to the LESSOR, the LESSEE agrees to reimburse the LESSOR to the full extent of current retail replacement value. INSURANCE

Insurance is not included. The LESSEE has the obligation to provide insurance for the machine on site. INDEMNITY While the EQUIPMENT is at the risk of the LESSEE, the LESSOR shall not be responsible to the LESSEE or to any other person for any acts or omissions on the part of the LESSORs Driver/Operator (or on the part of the LESSEEs servants or employees or contractors) nor shall the LESSOR in any case or under any circumstances, be liable or responsible for any damages whether direct or consequential of whatsoever nature and howsoever arising occasioned to the LESSOR or to the any other person. The LESSEE assumes all risk and liability for and in connection with the EQUIPMENT covered by the and during the term, of this Agreement or any holdover period, and the LESSEE indemnifies and holds the LESSOR harmless from all such claims, lawsuits, loss, injuries (including death), and expenses including the cost of defending any such claim or action. The LESSEE has been given and understands operating and safety instructions. The LESSOR shall not be responsible the LESSEE or anyone else for any loss, damage or injury whether direct or consequential, caused by, resulting from or in any way connected with the failure of the EQUIPMENT, non-performance of the EQUIPMENT, or delay in delivery, or other delay, or any defect in the EQUIPMENT or from any other cause whatsoever, and all such claims are hereby specifically waived by the LESSEE. In no event shall the LESSOR be responsible for special, incidental or other economic, loss whether in contract, negligence or other theory of liability. The LESSEE here by indemnifies and holds the LESSOR harmless in respect of any such claim made by any other person against the LESSOR arising out of the hire of the EQUIPMENT of from any cause aforesaid. CLIENT DEFAULT, FRAUD, THEFT OR BANKRUPTCY: Should the LESSEE fail to pay any amount due by LESSEE to the LESSOR; commits any breach of the terms and conditions of this agreement; or tampers with the timing mechanism of the EQUIPMENT; or refuses to return the EQUIPMENT to the LESSOR at the request of the LESSORS representative; or fails to return the EQUIPMENT at the date agreed; or refuses to respond to mail or phone calls from the LESSOR in timely manner (within 24 hours); or relocates geographically without forwarding address or phone; or moves the rented EQUIPMENT without prior authorization; or if any judgement is obtained against the LESSEE; or the LESSEE commits an act of insolvency or is placed under judicial management or ceases to carry on business; then the LESSOR, without notice or demand, maintains to enter upon the premises, wherever found, and take possession of the EQUIPMENT remove it at the LESSEES expense, all without legal process, the LESSEE hereby waiving any claims for damages from such entry, taking or removal. Further the LESSOR may at their option terminate this Agreement, after which the LESSEE shall pay to the LESSOR all rental and other obligations due, together with all costs and expenses of retaking the EQUIPMENT and of returning it to the LESSOR including attorneys fees for consultations or for any action that may be brought for the recovery of the EQUIPMENT or for the enforcement of any of the LESSORS rights. The LESSOR may also seek criminal prosecution in such event in addition to civil action to recover lost rental and Equipment replacement costs. It is further understood that each of all the remedies given to the LESSOR in this agreement are cumulative and that the exercise of one right or remedy by the LESSOR shall not impair their right or any other remedy available herein or provided by law. In the event of a voluntary or involuntary petition for bankruptcy or receivership filed by or against the LESSEE the rental agreement shall be terminated on the filing date and the EQUIPMENT shall be returned to the LESSOR and all unpaid rents, fines and fees shall be paid by the LESSEE. GOVERNING SEVERABILITY AND WAIVER

This Agreement shall be governed by and interpreted in accordance with the laws of the Republic of Malawi. Should any provision of this Agreement be held, such provision shall be deemed to be eliminated insofar as it is deemed invalid and the balance of this Agreement shall in no way be thereby. The LESSEES obligations hereunder shall survive any termination of this Agreement. Any act of relaxation, indulgence or grace granted by the LESSOR to the LESSEE shall not operate as or be deemed to be a waiver by the LESSOR of their rights hereunder or as a negation of this Agreement. ACCEPTANCE CLAUSE The client agrees by his/her signature below that he/she has read and is aware of the Terms and Conditions concerning the Use of Equipment hired from FKS CIVIL ENGINEERING and accepts full responsibility as outlined therein. It is agreed that these items are contractual and cannot be altered by oral agreement or other document unless such document is signed and agreed to by the LESSEE and by the LESSOR. FKS CIVIL ENGINEERING makes no warranties either expressed or implied. Time is of the Agreement. FOR AND ON BEHALF OF THE LESSEE PRINT NAME: SIGNATURE AND DATE:

FOR AND ON BEHALF OF THE LESSOR (FKS CIVIL EGINEERING) PRINT NAME: SIGNATURE AND DATE: