Document 0gO2mx7jR4wkQZ8YLkwE2VVkb

API Contract No. 01~OOOO~4746, amendment no. 4 AMENDMENT NO.4 TO AGREEMENT FOR THE CONDUCT AND FUNDiNG OF A RESEARCH PROGRAM ON BENZENE HEALTH RISK FROM OCCUPAT10NAl EXPOSURES The above agreement (as amended by Amendment No.1, Amendment No.2, and Amendment NO.3 thereto, the Current Agreement) by and between the undersigned companies (hereafter the" Benzene Health Research Program" or "Research Group::), to establish and fund a research program on the Iymphohematopoletic health risKs from occupational exposure to benzene, is further amended as follows: 1. Section 9, Financial Contributions, as amended, is replaced with the following: 8. The revised budget is $35,231,142 for all direct and administrative costs. b. Contributions received, contributions to be received, the revised maximum contribution, and current timing of payments per member under the revised budget of $35,231,142 are reflected in Schedule A c. Research Group members will make payments on a schedule that ensures that APt will have sufficient funds available to meets its financiai obligations. API resen'es the right to require accelerated collection of member contributions, if necessary. 2. Section 6, Termination, is amended as follows: 8. The Research Group may terminate some or all further '.vork under this agreement upon a 2/3 vote of all members. Voting wi!! be on a per share basis. Contractual obligations already incurred by API will be paid by participating members per the terms of this agreement. API will make payments for contractual and other financial obligatlons as of the termination date to the extent Research Group funds are avaiiable to do so. If there is a shortfall in funds to cover expenses and/or commitments, each Research Group member agrees to pay its proportional share of additional money's to make up the shortfall, provided, that no Research Group member shan be obllged to exceed its revised maximw11 contribution as refiected in Schedule A to this amendment. API assumes no respons!bH!ty for such shortfalls. AP1 wi![ provide a flna! accounting to the Research Group within 6 months of the terminatlon date, and IfJili disburse remaining funds, if any, as directed by Hle Research Group. b. Notwithstanding the foregoing, API may resign as administrator of the program upon 50-days written notice to the Research Group and the Research Group may remove API as administrator cf the program upon 60-days written notice. !n the event of such reSignation or removai, API will assist the Research Group in the assignrnent and transfer of AP!'s responsibilities under this Agreement to a successor named by the Research Group, provided tilat no such resignation or removal shall become effective until such ass.ignment and transfer has taken piace 3. Section 16, Fins! Date, as amended, is replaced by the follow:ng: Except as provided in paragraph 6 as amended, this Agreement and the program for which it provides shall terrllinate December 31.2008. in all other respects, the terms and conditions of the SH ELL-MCCLU RG-06S736 Benzene Health Research Group Agreement API Contract No. 01-0000-4746, amendment no. 4 Page 2 Current Agreement, as further amended, srlall remain in full force and effect. This Amendment No.4 shall become effective upon lts execution by all members. If the foregoing is acceptable, please sign below and return one copy of this Amendment NO.4 to Senior Contract Administrator, American Petrc!eum Institute, 1220 L Street, Nl.f.J, \t\lashington, DC 20005 (202-682-8093; e-mail: kangas@apLorg). SH ELL-MCCLU RG-06S737 Benzene Health Research Group Agreement APl Contract No. 01-0000-4746, amendment no . 4 ACCEPTED FOR: AMERICAN PETROLEUM INSTITUTE ~~-----,;;,.\_--~,"-- Brenda S. Hargett '.: Vice President & Chief Financial Officer Date Page 3 SH ELL-MCCLU RG-06S738 Benzene Health Research Group Agreement APi Contract No, 01,0000-4746, amendment no, 4 Page 4 RATIFICATiON AND EXECUTiON OF AMENDMENT NO.4 TO THE AGREEMENT FOR THE CONDUCT AND FUNDiNG OF A RESEARCH PROGRAM ON BENZENE HEALTH RISK FROM OCCUPAT!ONAL EXPOSURES ACCEPTED FOR: Company Name Si.gned Name Typed Title Date Telephone:_ _ _ _ _ _ _ _ __ Email:_ _ _ _ _ _ _ _ _ _ __ Contact person (if different than signer above:) Name and Title Teiephone:,,_ _ __ Fax:._ _ _ _ _ _ _ _~ ,___ Email:_ _ _ _ _ _ _ _ _ __ SH ELL-MCCLU RG-06S739 8enzene Health Research Group Agreement API Contract No, 01-0000-4746, amendment no. 4 Page 5 SCHEDULE A f0;ember 1C"u'r~re~r-,t--ri----R-e-v...,.-is-e-d--r--A-m-o-u-'n-t-'-~~-A:n'"1~ou~nt_.---=-S-,-h-ar-es.... ICommitment Commitment Paid as of Remaining per [ per i per 3/29l07** to be Paid Company! _~n_~d_.~_e_n_t- -fl A_:~~:~e~t__31..................................._.....+-A_m_: __ --~~e\;fCr1----~---------I--I:~~~~~~ ~:~:::~~~ '-C'onocoP"Flii"ifpsT-2,356-'-,i-8-2~~3:-T83:2~86- .' NN'~2:~~3;5~6~:'~1-8}~2-""!I""";8Uj287',~1, 20'74'9..'....._u_...12m..~m---m--\1 i-t~s-xil-xeoirn--~-J-i-o--i-)-;Wi---..U.jTU4i,:076182;,E356445 : 9,549,856 6,366,572 7,068:545 1'~"'2':481':3'1'1 4:712: 3641_1-,-654:208 ~'larathofi*m..+ 215, OOOnr-m'2'1'5'~oEO"""-I~-' 215,000 I 0 ...... Tm . . . 3 1 -m--mu2;.u._--..-NN:l . _ . _......................[.......... r.. ~~~--r~;~.;~~.~~5:=:1142 j $-;~~~1:7051902 ., Msrathon was invoiced fer its contribution, and is not a signatory of this agreement .... The only amount remair:ing Ie be paid from f-lmendmen! NO.3 is $435,071 from Chevron, which is expected in the near future. TiMING OF PAYMENTS FOR AMENDMENT #4 $0 ,ch.v'~~I~~:1. . :.-..~ :...I,~ ~?Q!l.JU::~.'l".,,-oPhillips I ... _!.O__:... .:.C.:.::.:.I.:...:.:...4..2...[ . __ - i.__...........8.27. 104 I : ExxonMobH I2,481!.3..1..1....~.............. 1i559,70~.+.._............g~?1,605 .....................~lJ!..L1 l . . . . . . . . . . .i Shell uC....h....e....m...Igi.ct.~a:~!I~,~~..~~~~~..~1i.i6~5o49.82':Q1482I. --~m_m_~11>,.0.3~9?~,8L2014-1i-r.m$2,641514,,S401.4~.iL .~~~.~.~1:31i.-.. _ _ . 1~1t,~6j5i4~)~0;811! SH ELL-MCCLU RG-06S740