Document Lg4Yo4LyLZZ8Ka3q1a5dge58Q

To: Myron Harrison (E-mail) <myron.c.harrison@exxonmobil.com> From: Clegg, Patsy M SCC-DCS/22 </O=SHE LUOU=MSXSCC/CN=RE CI PI ENTS/CN=PH197432> Cc: Bcc: Received Date: 2007-03-3019:02:56 GMT Subject: FW: draft amendment #4 to China benzene consortium agreement -----Original Message----From: Howard Feldman [mailto:Feldman@api.org] Sent: Thursday, March 29,20073:28 PM To: BenzConsort-OC@listserve.api.org Cc: Brenda Hargett; John Wagner; Bob Greco Subject: FW: draft amendment #4 to China benzene consortium agreement BHRC OC, Per your decision today, attached for your review is draft Amendment 4 to the consortium agreement. Per your decision today, comments are due back to me by cob Friday March 30. Please contact me if you have any questions. Howard Feldman Attachments: China Benzene Consortium 01-4746-4 3-29-07.doc SH ELL-MCCLU RG-060447 API Contract No. 01-0000-4746, amendment no. 4 AMENDMENT NO.4 TO AGREEMENT FOR THE CONDUCT AND FUNDING OF A RESEARCH PROGRAM ON BENZENE HEALTH RISK FROM OCCUPATIONAL EXPOSURES al1g.A~~ndmentThe above agreement (as amended by Amendment No.1, Amendment No. 2, NO.3 thereto, the Current Agreement) by and between the undersigned companies (~~tg?fter the" Benzene Health Research Program" or "Research Group"), to establish and<#Jnda.~~earch program on the Iymphohematopoietic health risks from occupational exposure to ben~ene, isf:~~~Qer amended as follows: .. ......... fOI!~~;~~:<1. Section 9, Financial Contributions -- replace with the a. The revised budget is $35,231,142 for all direct and~d~!~it~~f;V~.Costs. b. Contributions received, contributions to be received, andth~f:~vised maximum contribution per member under the revised budget of $35,231 ,142 are r~fl~!~d in Schedule B. c. Research Group members will make payments on a schedule<t~~tehsures that API will have sufficient funds available to meets its financial obligations. API~eserves the right to require accelerated collection of member contd~~!iQrls, if necessary. .. this~~~~~~lh~~~~.Jne2. Except as provided in paragraph 6, program for which it provides shall terminate the later of December 31 , 200B~r<116 morelhan one year after receipt of the case- control report from Applied Health Science~;< The Research Group may terminate some or all further work under this agreement upon a 21$ vQte of all members. Voting will be on a per share basis. ContractY?!Qpligations already,J:'lcurred by API will be paid by participating members per the t~r:ffl6f:~~js agreement. ApI may terminate this agreement upon 60-day written notice tOJrn~<Rese~t~h Group. In the event of such termination, API will assist the Research Group<fH~rn~ tr?m~~gf:QtAR!'s responsibilities to a successor named by the Research Group. A~!~ijrmat<epayments for contractual and other financial obligations as of the termination date tOt~~~xtent Research Group funds are available to do so. If there is a shortfall in funds to cover~~~~6ses and/or commitments, each Research Group member agr~~~~g~?y its proportioQafshare of additional moneys to make up the shortfall. API ?$Ume<H6t~ponsibility for such shortfalls. API will provide a final accounting to the <:Research Gr6~pwithin xx days of the termination date, and will disburse remaining funds, if <~~y, as directempy the Research Group. ot~~~~~~pects,<~~~In all terms and conditions of the Current Agreement, as further amended, shall remain in ful(f~t~~~hd effect. This Amendment No.4 shall become effective upon its execution by all members. If the foregoing is acceptable, please sign below and return one copy of this Amendment No.4 to Contract Administrator, American Petroleum Institute, 1220 L Street, NW, Washington, DC 20005 (202-682-8093). SH ELL-MCCLU RG-060448 Benzene Health Research Group Agreement API Contract No. 01-0000-4746, amendment no. 4 ACCEPTED FOR: AMERICAN PETROLEUM INSTITUTE Red Cavaney President Brenda S. Hargett Chief Financial Officer Date Page 2 SH ELL-MCCLU RG-060449 Benzene Health Research Group Agreement API Contract No. 01-0000-4746, amendment no. 4 Page 3 RATIFICATION AND EXECUTION OF AMENDMENT NO.4 TO THE AGREEMENT FOR THE CONDUCT AND FUNDING OF A RESEARCH PROGRAM ON BENZENE HEALTH RISK FROM OCCUPATIONAL EXPOSURES ACCEPTED FOR: Company Name Signed Name Typed Title Date person (if different than signer above:) Telephone: _ _ _ _ _ _ _ _ __ Fax: _ _ _ _ _ _ _ _ _ _ __ Email: _ _ _ _ _ _ _ _ _ __ SH ELL-MCCLU RG-060450 Benzene Health Research Group Agreement API Contract No. 01-0000-4746, amendment no. 4 Page 4 SCHEDULE B Member Current Commitment per Amendment NO.3 Revised Commitment per Amendment No.4 BP Chevron ConocoPhillips ExxonMobil Shell Marathon* 7,068,545 4,712,364 2,356,182 7,068,545 4,712,364 215,000 9,549,856 6,366,572 3,183,286 9,549,856 6,366,572 215,000 Amount Paid as of 3/29/07** Amount Remaining to be Paid 9,549,856 0 4,277,293 2,356,182 2/'0892, 79 ;:;:;/ 827,.104 7,068,54~ ........2,481;~l1 4,712,364 ~i~64,20B 215,000 2 1 3 2 * GRAND TOTAL $26,133,000 $35,231,1 179,240 11 ~;~~:~;~~~~~i~i~~rnent.* Marathon was invoiced for its contribution, and is not a ** The only amount remaining to be paid from Amendment~9;a is $43$)071 from Chevron, which is expected in the near PAYME;~Rfuture. AMENDMENT #4 3/29/07 Remainder of Amendment #4 to be Paid Chevron ConocoPhilii ExxonMobil Shell Chemical Total 1,654,208 827104 2 312 208 ."",_\~",o_143 1,039,804 51 902 1 559706 614,404 307202 921 606 1,654,208 827104 481 312 SHELL-MCCLURG-060451 API Contract No. 01-0000-4746, amendment no. 4 AMENDMENT NO.4 TO AGREEMENT FOR THE CONDUCT AND FUNDING OF A RESEARCH PROGRAM ON BENZENE HEALTH RISK FROM OCCUPATIONAL EXPOSURES al1g.A~~ndmentThe above agreement (as amended by Amendment No.1, Amendment No. 2, NO.3 thereto, the Current Agreement) by and between the undersigned companies (~~tg?fter the" Benzene Health Research Program" or "Research Group"), to establish and<#Jnda.~~earch program on the Iymphohematopoietic health risks from occupational exposure to ben~ene, isf:~~~Qer amended as follows: .. ......... fOI!~~;~~:<1. Section 9, Financial Contributions -- replace with the a. The revised budget is $35,231,142 for all direct and~d~!~it~~f;V~.Costs. b. Contributions received, contributions to be received, andth~f:~vised maximum contribution per member under the revised budget of $35,231 ,142 are r~fl~!~d in Schedule B. c. Research Group members will make payments on a schedule<t~~tehsures that API will have sufficient funds available to meets its financial obligations. API~eserves the right to require accelerated collection of member contd~~!iQrls, if necessary. .. this~~~~~~lh~~~~.Jne2. Except as provided in paragraph 6, program for which it provides shall terminate the later of December 31 , 200B~r<116 morelhan one year after receipt of the case- control report from Applied Health Science~;< The Research Group may terminate some or all further work under this agreement upon a 21$ vQte of all members. Voting will be on a per share basis. ContractY?!Qpligations already,J:'lcurred by API will be paid by participating members per the t~r:ffl6f:~~js agreement. ApI may terminate this agreement upon 60-day written notice tOJrn~<Rese~t~h Group. In the event of such termination, API will assist the Research Group<fH~rn~ tr?m~~gf:QtAR!'s responsibilities to a successor named by the Research Group. A~!~ijrmat<epayments for contractual and other financial obligations as of the termination date tOt~~~xtent Research Group funds are available to do so. If there is a shortfall in funds to cover~~~~6ses and/or commitments, each Research Group member agr~~~~g~?y its proportioQafshare of additional moneys to make up the shortfall. API ?$Ume<H6t~ponsibility for such shortfalls. API will provide a final accounting to the <:Research Gr6~pwithin xx days of the termination date, and will disburse remaining funds, if <~~y, as directempy the Research Group. ot~~~~~~pects,<~~~In all terms and conditions of the Current Agreement, as further amended, shall remain in ful(f~t~~~hd effect. This Amendment No.4 shall become effective upon its execution by all members. If the foregoing is acceptable, please sign below and return one copy of this Amendment No.4 to Contract Administrator, American Petroleum Institute, 1220 L Street, NW, Washington, DC 20005 (202-682-8093). SH ELL-MCCLU RG-060452 Benzene Health Research Group Agreement API Contract No. 01-0000-4746, amendment no. 4 ACCEPTED FOR: AMERICAN PETROLEUM INSTITUTE Red Cavaney President Brenda S. Hargett Chief Financial Officer Date Page 2 SH ELL-MCCLU RG-060453 Benzene Health Research Group Agreement API Contract No. 01-0000-4746, amendment no. 4 Page 3 RATIFICATION AND EXECUTION OF AMENDMENT NO.4 TO THE AGREEMENT FOR THE CONDUCT AND FUNDING OF A RESEARCH PROGRAM ON BENZENE HEALTH RISK FROM OCCUPATIONAL EXPOSURES ACCEPTED FOR: Company Name Signed Name Typed Title Date person (if different than signer above:) Telephone: _ _ _ _ _ _ _ _ __ Fax: _ _ _ _ _ _ _ _ _ _ __ Email: _ _ _ _ _ _ _ _ _ __ SH ELL-MCCLU RG-060454 Benzene Health Research Group Agreement API Contract No. 01-0000-4746, amendment no. 4 Page 4 SCHEDULE B Member Current Commitment per Amendment NO.3 Revised Commitment per Amendment No.4 BP Chevron ConocoPhillips ExxonMobil Shell Marathon* 7,068,545 4,712,364 2,356,182 7,068,545 4,712,364 215,000 9,549,856 6,366,572 3,183,286 9,549,856 6,366,572 215,000 Amount Paid as of 3/29/07** Amount Remaining to be Paid 9,549,856 0 4,277,293 2,356,182 2/'0892, 79 ;:;:;/ 827,.104 7,068,54~ ........2,481;~l1 4,712,364 ~i~64,20B 215,000 2 1 3 2 * GRAND TOTAL $26,133,000 $35,231,1 179,240 11 ~;~~:~;~~~~~i~i~~rnent.* Marathon was invoiced for its contribution, and is not a ** The only amount remaining to be paid from Amendment~9;a is $43$)071 from Chevron, which is expected in the near PAYME;~Rfuture. AMENDMENT #4 3/29/07 Remainder of Amendment #4 to be Paid Chevron ConocoPhilii ExxonMobil Shell Chemical Total 1,654,208 827104 2 312 208 ."",_\~",o_143 1,039,804 51 902 1 559706 614,404 307202 921 606 1,654,208 827104 481 312 SH ELL-MCCLU RG-060455