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immediately pay for any tax assessments including interest, penalties, costs and expenses, which <br />are assessed against the Commissary Service operation and were not in effect as of the <br />Commencement Date or were owed but unpaid as of the Commencement Date. Client shall notify <br />Company promptly should its sales tax status be changed. <br />7. FINANCIAL ARRANGEMENTS <br />7.1 Payment Arrangement. <br />A. Summit shall be entitled to retain amounts paid in conjunction with services provided <br />to the Commissary. In exchange, Summit will pay Client a monthly commission <br />equivalent to thirty percent (30%) of Net Sales at the Premises. Net Sales shall be <br />defined as Gross Sales minus Sales Tax minus applicable processing, mail fees. <br />B. Summit shall be entitled to retain amounts paid in conjunction with Service provided <br />for the Outside Inside and Gift Bags e-commerce programs. In exchange, Summit will <br />pay Client a monthly commission equivalent to twenty percent (20%) of Net Sales at <br />the Premises. Net Sales shall be defined as Gross Sales minus Sales Tax minus <br />applicable processing, mail and administrative fees. <br />C. Summit shall receive orders through Kiosks only from inmates. Any additional ordering <br />methods shall bear additional costs. <br />D. Summit shall charge the following administrative fees to inmates/depositors: <br />Fee Type <br />Fee Amount <br />Debit Time Fee <br />$0.80 <br />Cash Deposit <br />$3.50 <br />Credit/Debit Card <br />Greater of $3.50 or 10% <br />E. Summit shall provide the Client monthly an operating statement which shall detail the <br />revenue based on the operation of the commissary. <br />F. Summit and Client shall review the costs for service on no less than an annual basis to <br />determine adjustments in operating costs. Summit reserves the right to adjust the retail <br />prices on the commissary price list to reflect any increase in cost, and to ensure the <br />financial objectives of this Agreement. <br />7.2 Right to Offset. In the event that Client is more than thirty (30) days past due on any obligations to <br />Company, Company shall have the right to offset, from any other sums owed by Company to Client, <br />all or any portion of such outstanding receivables. Additionally, Company shall have the right, at <br />Company's option, at any time that Client is over thirty (30) days past due on any obligations require <br />that Client pay, on a prebilling basis, at least one week in advance of each Accounting Period, the <br />estimated amount due Company for that Accounting Period. The estimated amount shall be <br />adjusted and reconciled to the actual amount in the next prebilling invoice, or if Client is no longer <br />past due on its obligations to Company, with the next invoice due hereunder. Further, Company <br />shall have the right to immediately adjust hours, prices, labor and menu offerings to further off -set <br />any losses. <br />7.3 Change in Conditions. The financial terms set forth in this Agreement, and all other obligations <br />assumed by Company hereunder, are based on conditions in existence on the date Company <br />commences operations including, without limitation, population; labor costs; applicable <br />Page 6 of 11 <br />