Subject to the provisions of this Agreement the Government hereby grants to the Company the sole right to operate a suspension bridge over the Mtwapa Creek Malindi Road under a toll system PROVIDED THAT the Company may assign such right subject to the previous written consent of the Government such consent not to be unreasonably withheld.

The Company shall have the right to operate the said Bridge for a period of Twenty years from the Twentieth day of June One thousand nine hundred and fifty eight (hereinafter called “the commencement date”) PROVIDED ALWAYS that the Government shall have the right on giving one year’s previous notice in writing to purchase on the expiration of the fifth, eighth, eleventh or fourteenth year of the said period the Bridge and its ancillary buildings on payment of a sum calculated at the rate of Three thousand pounds for each year of the said period of Twenty years unexpired at the date of purchase and in addition the sum of Seventy-seven thousand pounds.

The Government shall have the right on giving five years previous notice in writing to purchase on the expiration of the said period of Twenty years the bridge and its ancillary buildings on payment of the sum of Seventy-seven thousand pounds.

If the right contained in Clause 3 hereof shall not be exercised then the Government will grant to the Company on terms not less favourable to the Company than those contained in the Agreement the right to operate the bridge under a toll system for such further period and subject to such conditions (including an option for the Government to purchase the Bridge and its ancillary buildings) as shall be agreed according to the circumstances existing at the time.

The Company shall not be responsible for any roadway construction work beyond the abutments of the bridge nor for any moving or levelling of earth except that which may be necessary in connection with the said abutments or the foundations of the bridge.

The Government having by the commencement date finished the approach roads to a standard capable of taking the same volume and weight of traffic as the bridge will at all times maintain the same to such standard PROVIDED THAT in the event of the capacity of the bridge being increased with the prior agreement in writing of the Government to take a larger volume and weight of traffic at any time the Government will increase the capacity of the approach roads as may accordingly be necessary.

The Government having reduced the ferry service operating across Mtwapa Creek to not more than one hand operated ferry boat will not during the continuance of this Agreement (except at such times as the bridge is closed to traffic for any reason) operate or permit the operation of any other ferry service across Mtwapa Creek without the prior written consent of the Company.

During the continuance of this Agreement the Government will not (except at such times as the bridge is closed to traffic for any reason) without the prior written consent of the Company use or permit the use within a distance of Ten miles from the site of the bridge of any other crossing over Mtwapa Creek or over any river flowing into Mtwapa Creek if such crossing would diminish the traffic using the bridge.

The Company shall on giving to the Government Thirty days written notice of such intention have the right to close the bridge from time to time for such period as shall be necessary to carry out repairs and maintenance PROVIDED THAT in cases of emergency the bridge may be closed without such notice having been given but the Government shall be notified in writing of such closure as soon as may be practicable thereafter.

(Spent);

The Company shall permit to cross the bridge without payment of tolls all vehicles owned by the Government and the Armed Forces bearing number plates indicating that the vehicle is the property of the Government of Kenya being on official duty and carrying passes to that effect PROVIDED ALWAYS that in the event of a state of emergency arising and resulting in the use of the bridge predominantly by military vehicles the position of the Company in regard to the expense of operating the Bridge including depreciation maintenance and a reasonable return to the Company's shareholders shall be a matter to be negotiated between the parties.