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Terms of Business

AGGREKO GENERAL TERMS AND CONDITIONS OF RENTAL

General

1. Aggreko rents out mobile systems for the generationof electricity, air conditioning and compressed air(hereinafter also called “the rental item” in thesingular) and in that connection also provides additional services (hereinafter called “additional services”), solely on the basis of its general terms and conditions of rental as set out in the following.

2. Any departure from these general terms and conditions is possible solely if the relevant provisions have been agreed by Aggreko and the customer in a written agreement.

Provision of the rental item3. Aggreko undertakes to the customer to make the rental item available on Aggreko’s premises, and the customer undertakes to provide a consideration, both in accordance with what has been agreed between Aggreko and the customer in that respect.

4. If the rental item has not been made available to the customer on Aggreko’s premises within a period ofseven days after the intended starting point of the lease period as specified in these terms the customer is entitled to terminate the contract unilaterally by giving notice by registered letter with due observance of a further period of two days following immediately on the period of seven days, during which time Aggreko may still comply with its obligations.

Addtional services

5. Aggreko can on request provide additional services including the following:

- transport of the rental item to and from the customer’s premises or to and from

the site specified by the customer; - installation and removal of the rental

item;

- performance of further instructions;

- putting the rental item into operation;

- technical care for the rental item forming

part of the customer’s obligations;

- fuel management;

and other services not already forming part of an obligation resting on Aggreko as set out elsewhere in these general terms and conditions.

6. A separate (and therefore additional) payment is due for an additional service. The type and scope of an additional service together with the amount of the payment to be made for it and the terms on which an additional service is performed must be set out in a written agreement between the parties, which need not be a separate agreement.

Rental period

7. The rental period begins at the time when the rental item is made available on Aggreko’s premises respective of what the parties have agreed regarding the time at which the customer will actually take possession of the rental item. If Aggreko and the customer have jointly determined a date on which the commencement of the rental period will occur, the rental period shall begin no earlier than the start of that day (0.01 a.m.) even if Aggreko has already made the rental item available on its premises before that date, except where thecustomer actually takes the rental item into use before that time. In the latter case the rental period commences at the time of actual first use. However the rental period does not begin or as long as the rental item is not in the state that the customer may reasonably expect. Without prejudice to Aggreko’s rights, it is assumed that the rental item has been provided to the customer at the commencement of the rental period in the state that the customer may reasonably expect. For a period of five days after the rental item is made available as specified in this paragraph, the customer has the right to show that the rental item was not in that state at the time when it was made available as specified in this paragraph.

8. The rental period ends at the time at which the rental item is made available to Aggreko again on Aggreko’s premises. If Aggreko and the customer have jointly determined a date on which the end of the rental period will occur, the rental period shall end no earlier than the start of that day (0.01 a.m.) even if the customer has already made the rental item available to Aggreko on Aggreko’s premises before that date. However the rental period shall not end as long as the rental item, apart from normal wear and tear, is not in the state in which it was at the commencement of the rental period. However the rental period ends at latest at the time that in Aggreko’s opinion the rental item’s technical lifetime in normal use ends and the rental item is actually no longer being used. Without prejudice to Aggreko’s rights, it is assumed that the rental item has been made available to Aggreko at the end of the rental period in the required state. For a period of five days after the rental item is made available as specified in this paragraph, Aggreko has the right to show that, apart from normal wear and tear, the rental item is not in the state that it was in at the commencement of the rental period. Where there is disagreement on whether wear and tear is at normal levels, the onus of proof in that respect rests on the customer.

9. The period during which Aggreko is to provide the rental item to the customer as determined by Aggreko and the customer in a contract concluded between them may be regarded only as the minimum duration of the rental period. Issue date: 08-12-06 2/5

Defect

10. A defect is a state or property of the item or another circumstance not attributable to the customer as a result of which the item cannot provide the customer with the enjoyment that a customer entering into that contract has the right to expect from a properly maintained item of the type to which the contract relates. A state or property of the item or another circumstance not attributable to the customer which is also not attributable to Aggreko does not constitute a defect.

11. In the event of a substantial reduction in the enjoyment under the rental in consequence of a defect that was already known or ought to have been known to Aggreko at the commencement of the rental agreement and that had not been tacitlyaccepted by the customer on receipt, the customer may claim from the competent court a roportionate reduction in the rental from the date on which the customer properly notified Aggreko of the defect or from the date on which Aggreko was sufficiently aware of the defect to take steps to remedy it until the date on which the defect is remedied. In any case, the customer does not have the right to claim a reduction in rental in cases involving usual repairs and usual replacement of components during the working life of the rental item, or in cases where the customer is liable to Aggreko for the origin of the problem. The customer may not proceed to reduce the rental independently.

Aggreko’s obligations

12. Aggreko shall:

a. provide the rental item to the customer in good condition and keep it in that condition insofar as necessary for the agreed use;

b. arrange for repairs and replacements of components,other than the normal repairs and replacements

during the rental item’s working life, to be carried out at Aggreko’s expense;

c. arrange for the normal repairs and replacements of components during the rental item’s working life to be carried out at the customer’s expense;

d. refrain from making changes, except with the customer’s permission, to the appearance and layout of the rental item during the rental period;

e. remedy any defect as described above on the customer’s request unless this is impossible or the expense involved cannot reasonably be demanded of the rentor in the given circumstances.

Customer’s obligations

13. In addition to obligations set out elsewhere, the customer’s obligations include but are not limited to the following. The customer shall:

a. use the rental item for the purpose for which it is designed and act with due care and in accordancewith the instructions provided by Aggreko or by the manufacturer of the rental item, and in the absence of such instructions shall ask Aggreko without delay

for a copy of the relevant instructions;

b. provide Aggreko on request with proper information on the location of the rental item at any arbitrary time and provide Aggreko with access to the rental item at all times. At all times the customer specifically needs to ask permission to Aggreko before moving the rental item;

c. inform Aggreko if and when the rental item requires a regular service due to the expiry of the service interval;

d. undertake to fill diesel-powered rental items solely with the usual commercial diesel fuels, unless Aggreko has permitted an exception to this in writing;

e. inform Aggreko immediately of loss of or damage to the rental item and, where the possibility that any loss or damage has been caused by a third party cannot be ruled out, notify the loss or damage to the police and send a copy of the written report of that notification to Aggreko without delay;

f. act completely in accordance with the legal requirements;

g. take sufficient steps to ensure that Aggreko’s property rights are not infringed, and where applicable inform Aggreko immediately of a threatened infringement of its property rights, including but not restricted to Aggreko’s intellectual property rights, and also immediately draw Aggreko’s property rights to the attention of potential infringers of Aggreko’s property rights in order to prevent their infringement;

h. accept and not hinder that Aggreko will arrange for all repairs and replacements of components, which repairs and replacements shall be for the customer’s account with the exception of repairs and replacements that are not normal during the rental item’s working life;

i. return the rental item to Aggreko at Aggreko’s premises in good condition and in the same state as it was initially handed over (including rolling up cables in the drum where applicable), apart from normal wear and tear;

j. bear all costs arising from the customer’s obligations, including those listed above.  If the customer neglects to comply with an obligation resting on the  customer, Aggreko may after allowing the customer a period of two days following written warning to comply (or immediately where the nature of the neglected obligation does not permit such a two-day grace period to be given) perform the obligation in question itself for the customer’s account.

Use of rental item by third parties

14. The customer may not allow third parties to make use of the rental item, including but not restricted to assignment of rights and subleasing of the rental Issue date: 08-12-06 3/5 item, unless the customer has express written permission from Aggreko to do so and in addition Aggreko’s present general terms and conditions are fully and unconditionally made part of the legal relationship between the customer and the third party in question.

Payment of due fee

15. A fee is payable by the customer for the use of the rental item during the rental period. Even if the customer does not have use of the rental item due to regular maintenance and/or unexpected urgent work carried out at Aggreko’s expense due to an obligation resting on Aggreko, the customer is still liable to pay a fee for that period of non-use unless it lasts for over 48 hours. The amount of the fee payable for the use of the rental item shall be derived from the contract concluded between the parties.

16. The fee payable is calculated on a weekly basis.  Public holidays during the rental period do not reduce the amount of the fee due for the use of the rented item. The fee for the use of the rental item expressly does not include costs and other expenses.

The following costs, listed for illustration only and therefore not exhaustively, are not included in the fee for the use of the rental item:

- operating costs;

- fuel costs;

- lubricating oil costs;

- costs for use of filters;

- fitters’ charges for changing and

replacing consumables;

- costs of required operating substances;

- loading costs;

- unloading costs;

- forwarding costs;

- transport costs.

In particular, the customer bears the costs for the regular service of filters and lubricating oils together with maintenance inspections during use, in accordance with and relative to the number of hours for which the rental item is used.

17. If the customer cancels the contract up to one week before the commencement of the rental period originally scheduled by Aggreko and the customer, the customer will be due to pay 30% of the fee that would have been payable on performance of the contract. If the contract is cancelled within one week before the commencement of the rental period originally scheduled by Aggreko and the customer, the customer will be due to pay 100% of the fee that would have been payable on performance of the contract.

18. Payment for additional services is due to Aggreko  separately. In the absence of a written agreement as referred to in art. 6 above, the amount of that payment will be calculated on the basis of Aggreko’s usual hourly rates, a copy of which will be provided by Aggreko on request. In the absence of a written agreement as referred to in art. 6 above, the costs of overnight stays by Aggreko personnel will be payable in accordance with the expenses actually incurred by Aggreko, including but not limited to hotel expenses.

19. In the absence of other arrangements between Aggreko and the customer in respect of time of payment, payment owed to Aggreko must be made within 7 days after the date on which the invoice is sent out by Aggreko. If payment is not made on time  the customer will be liable at all times to pay interest at the commercial rate or at the rate of 8% per annum, whichever is higher.

20. Aggreko expressly reserves the right also to charge to the customer other costs resulting to Aggreko from the customer’s failure to pay on time. If payment has not been made by the agreed date, or where no date has been agreed within 7 days of date of invoice, Aggreko is entitled to repossess the rental item even if this results in loss to the customer.

21. Aggreko has the right to set off any amounts owed by it to the customer against the amounts owed to Aggreko by the customer.

22. Notwithstanding what is specified in art. 21 above, the customer may not set off the customer’s obligations towards Aggreko unless Aggreko has given express written permission to do so.

Liability

23. The customer is liable during the rental period for all loss or damage resulting from the use of the rental item and for damage to the rental item, irrespective of who is responsible for the transport and irrespective of any other agreed additional services, unless the cause of the loss or damage lies solely in a circumstance for which Aggreko is liable under the following paragraph. All damage except for fire damage is assumed to have arisen through the use of the rental item or by damage to the rental item. The damage to the rental item is calculated on the basis of replacement value. If Aggreko can be held liable for whatever reason for loss caused to a third party during this period the customer must indemnify Aggreko completely in that respect unless the cause lies solely in a circumstance for which Aggreko is liable under the following paragraph.

24. During the rental period, Aggreko can be held liable  solely if (1) the rental item was not in a good state of maintenance when it was made available to the customer on Aggreko’s premises, the loss was due solely to that circumstance, and the customer did not tacitly accept the rental item’s condition on receipt; or if (2) the rental item is not suitable for the use for which it is intended and the loss was due solely to that circumstance. Aggreko’s liability for Issue date: 08-12-06 4/5 any loss as a result of one of the causes specified in the previous sentence is limited at all times to the material loss to a maximum of three times the amount owed by the customer to Aggreko at the time of the damaging event.

25. In addition to the cases of limited liability described in the previous paragraph Aggreko may have limited or unlimited liability during the rental period if a loss has arisen during the contract or in the performance of the contract and that loss results from wilful misconduct and/or deliberate negligence by Aggreko (and not by Aggreko’s subordinates or third parties engaged by Aggreko).

26. Aggreko excludes its liability for loss otherwise arising during the rental period; this must be understood as including (but not limited to) the exclusion of liability for all indirect loss or consequential loss of whatever kind.

27. If it is demonstrated that the customer is to be treated as a consumer as referred to in art. 6:236 of the Dutch Civil Code, the mandatory provisions of Dutch law regarding liability in the relationship between Aggreko and the customer shall prevail over the above provisions on liability where there is a conflict between the two sets of provisions.

Insurance

28. The customer is obliged to take out an insurance contract in Aggreko’s favour against all loss that Aggreko may suffer as a result of renting out the rental item to the customer. In doing so, the customer must ensure that if Aggreko suffers loss as a result of renting out the rental item to the customer, the occurrence by which Aggreko suffers loss is covered under the insurance contract taken out by the customer;  further, Aggreko shall be named as the beneficiary under the insurance contract and Aggreko shall itself have the right to claim on the insurance in order to have its loss indemnified in full with the exception of an excess at the customary level.

29. By making a payment, the customer may partially commute the obligation set out in the previous paragraph. The customer may commute the obligation to take out insurance in respect of (1) mobile sets for electricity generation, (2) for air conditioning, (3) for compressed air, (4) load resistance sets, (5) transformers, (6) loss of whole sets by theft or unforeseeable loss caused by external hazards and (7) road transport. The customer remains obliged to take out insurance in Aggreko’s favour as specified in the previous paragraph in respect of all other risks, including but not limited to (1) separate components such as cables, (2) tanks, (3) customer error during use such as the use of the rental item without fuel, and (4) making good water pollution. Even after having commuted the insurance obligation, the customer remains liable to pay an excess of at least _3,000.00 except where the claim amount is less, in which case the customer is liable to pay the claim amount. The amount payable for the partial commutation of the insurance obligation will be determined by Aggreko.

30. The customer is obliged to produce proof that the rental item has been insured as specified in articles 28 and 29 before the rental item is made available.

31. If Aggreko is not supplied with that proof of insurance by the customer promptly, Aggreko has the right to deem that the contract has been cancelled by the customer, and the customer will be liable to pay 100% of the fee that would have been payable had the contract been performed.

Invalidity of provisions

32. If any provision in these general terms and conditions or any provision agreed elsewhere between Aggreko and the customer proves to be invalid for whatever reason, the remainder of the contract shall continue in force and the invalid provision shall be replaced retroactively (insofar as not contrary to the nature of the provision) by a provision formulated in such a way as to be valid and approximating as closely as possible to the will  of the parties.

Limitation on claims 33. Any claim against Aggreko becomes time-barred after the lapse of two years from the occurrence on which the claim is based.

Confidentiality

34. The customer undertakes to preserve confidentiality towards all other parties in respect of all information and knowledge about or concerning the rental item which may have come to the customer’s knowledge in any manner whatsoever. The customer also undertakes not to study the rental item with the intention of deriving benefit from it for the customer’s own profit.

Insolvency

35. As soon as Aggreko can demonstrate that there is a reasonably justified fear that an application forsuspension of payment in respect of the customer has been or will be made or that an application for the involuntary liquidation of the customer has been or will be made or that an application for attachment or seizure has been filed against the customer, or as soon as Aggreko can demonstrate that there is a reasonably justified fear that the rental payments will not be made, or as soon as Aggreko can demonstrate that there is a reasonably justified fear of the  disappropriation of the rental item, Aggreko Issue date: 08-12-06 5/5 has the right to dissolve the contract immediately and further has the right to repossess the rental item immediately at the customer’s expense, while the customer shall remain liable to pay the fee for the agreed rental period or, in the absence of an agreed rental period, the rental period that Aggreko has a reasonable right to expect.

Competent court

36. The court in Rotterdam has sole competence to take cognisance of all disputes arising from activities performed by or with Aggreko.

Applicable law

37. All activities carried out by and with Aggreko as referred to in these general terms and conditionsshall be governed by Dutch law.

The above general terms and conditions are a translation of the original Dutch Algemene Voorwaarden of Aggreko and in case of any difference in meaning between the two versions the Dutch text shall prevail.