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ARTICLE X: <br /> <br />PRICE PREDETERMINATION-PROSPECTIVE <br /> <br />10.1 <br /> <br />Except as subject to modification as specified in section 7.1, herein, the unit <br />prices stated in Contract are fim~ for the first year. Unit prices for the subsequent <br />years shall be redetemdned each twelve months prior to the beginning of each <br />subsequent year period. Unit prices per meal may increase or decrease, and shall <br />remain firm for the entire year except as subject to modification as specified in <br />section 7.1, herein. <br /> <br />10.2 <br /> <br />Prices for subsequent years shall be detemfined by mutual agreement of the <br />parties, based upon such factors, but, not limited to the Consumer Price Index, All <br />Urban consumers (CPI-U), U.S. City Average, Food Away From Home Index, <br />published by the U.S. Depa~haent of Labor. <br /> <br />ARTICLE XI: COMPENSATION TO CFM <br /> <br />11.1 Attachment A to this agreement specifies CFM's billing rate to Client for the <br /> Initial Period. <br /> <br />11.2 <br /> <br />This Agreement recognizes that the Client's population may fluctuate. <br />Consequently, monthly billings, will be based upon the monthly average of daily <br />meals ordered to be calculated at the end of each month. The average daily meals <br />served shall be applied against the appropriate per meal rate. Applicable sales tax <br />will be charged on all meals. <br /> <br />11.3 CFM shall submit to Client each month for the preceding month, an invoice for <br /> meals ordered or served, whichever is greater. Terms of payment are net 30. <br /> <br />ARTICLE XII: CONFLICTS OF INTEREST <br /> <br />12.1 <br /> <br />CFM covenants that it presently has no interest and shall not acquire any interest, <br />direct or indirect, which would conflict in any manner or degree with performance <br />of the Agreement and no person having any such interest shall be employed. In <br />addition, no officer, agent or employee of Client and no member of its governing <br />body shall participate in any decision relating to this Agreement which affects <br />his/her personal interest or any association which he/she is directly or indirectly <br />interested or has any personal or pecuniary interest. <br /> <br /> <br />