Document nmZE9EjnMN7e42YYN5DXn1Q5a

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: .. ......... rePlacegtl~~~~e1. Section 9, Financial Contributions, as amended, is following: and~d~!~it~~f;V~.Costs.a. The revised budget is $35,231,142 for all direct No additional fundinq above the $35,231,142 \lVili be considered or appr&~l~~d by the Research Group. b. Contributions received, contributions to be received, the revlg~ .rnaximum contribution, and current timing of payments per member under the revised budgij~~.f$35,231 ,142 are reflected in Schedule A. .< .<. c. Research Group members will make p~~~@nts on a schedule that ensures that API will have sufficient funds available to meets its firi~i:Ha.!~~!ig?tions. API reserves the right to require accelerated collection of member contrib4~ions;ifri~~~~$ary. fOIlOW~~<2. Section 6, Termination, is amended as Group~YJerminate ~~~llfurthera. The Research some work under this agreement upon a 2/3 vote of all member;V6H~~wili be on a pe(share basis. Contractual obligations already incurred by APlw!ILbe pai~by participating members per the terms of this agreement. API will make paymentS<f6~~l1trg.i.t!:l~!oog~.ther financial obligations as of the termination date to the extent Research Gr6~~~~n(jsareavailable to do so. If there is a shortfall in funds to cover expenses and/or comml~~~nts, each Research Group member agrees to pay its proportional share of additional money~~~make up the shortfall, provided, that no Research Group me.rn~~~~Q~U be obliged tqexceed its revised maximum contribution as reflected in Schedule I:\t8thisi:fm~~gment. AP(assumes no responsibility for such shortfalls. API will provide a <tinal accountt~~to the Research Group within 6 months of the termination date, and will <~!burse remal~!rg funds, if any, as directed by the Research Group. b. Nq~W.ithstandin~the foregoing, API may resign as administrator of the program upon 60-days wrift~~noticef6 the Research Group and the Research Group may remove API as admirH~~~~t~fof the program upon 60-days written notice. In the event of such resignation or removatj~PI will assist the Research Group in the assignment and transfer of API's responsibilities under this Agreement to a successor named by the Research Group, provided that no such resignation or removal shall become effective until such assignment and transfer has taken place. 3. Section 16, Final Date, as amended, is replaced by the following: Except as provided in paragraph 6 as amended, this Agreement and the program for which it provides shall terminate December 31, 2008. In all other respects, the terms and conditions of the SH ELL-MCCLU RG-060457 Benzene Health Research Group Agreement API Contract No. 01-0000-4746, amendment no. 4 Page 2 Current Agreement, as further amended, shall remain in full force and 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 Senior Contract Administrator, American Petroleum Institute, 1220 L Street, NW, Washington, DC 20005 (202-682-8093; e-mail: kangas@api.org). SH ELL-MCCLU RG-060458 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 Vice President & Chief Financial Officer Date Page 3 SH ELL-MCCLU RG-060459 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 OCCUPATIONAL EXPOSURES ACCEPTED FOR: Company Name Signed Name Typed Title Date person (if different than signer above:) Telephone: _ _ _ _ _ _ _ _ __ Fax: _ _ _ _ _ _ _ _ _ _ __ Email: _ _ _ _ _ _ _ _ _ __ SH ELL-MCCLU RG-060460 Benzene Health Research Group Agreement API Contract No. 01-0000-4746, amendment no. 4 Page 5 SCHEDULE A Member BP Current Commitment per Amendment NO.3 Revised Commitment per Amendment No.4 Amount Paid as of 3/29/07** Amount Remaining to be Paid GRAND TOTAL $26,133,000 $35,231,1 * Marathon was invoiced for its contribution, and is not a si ** The only amount remaining to be paid from Amonrlrnor'NI'\.I,rv::::~ future. 11 ent. 1 from Chevron, which is expected in the near R AMENDMENT #4 3/29/07 Remainder of Amendment #4 to be Paid Chevron ConocoPhilii ExxonMobil Shell Chemical Total 1,654,208 827104 2 311 1,039,804 51 902 1 559706 614,404 307202 921 605 1,654,208 827104 481 311 SHELL-MCCLURG-060461