Period 4. From January 1, 2016 through August 31, 2019 (“Period 4”), the Concessionaire shall pay a commission equal to 3% of Total Gross Sales each month, plus the applicable State Use Tax, (a percentage of the amount paid to the Department, equal to the sum of the state sales tax and applicable county discretionary sales tax percentages). “Total Gross Sales,” for this Agreement, shall be defined as all sales of goods, merchandise, food and beverage, vending, and other permissible services generated from the Concessionaire’s Services at or associated with the Parks. This includes all sales made or advertised within the Parks, advertised on the Concessionaire’s website associated with the Parks, transactions conducted through the point of sale and bank accounts utilized by the Concessionaire for its Parks operations, and sales generated by subcontractors or related entities whose sales are associated with the Concessionaire’s authorized operations at the Parks. Total Gross Sales shall not include:
Period 4. From January 1, 2016 through December 31, 2020 (“Period 4”), the Concessionaire shall pay a commission equal to 3% of Total Gross Sales each month, plus the applicable State Use Tax, (a percentage of the amount paid to the Department, equal to the sum of the state sales tax and applicable county discretionary sales tax percentages).
Period 4. If this Agreement is terminated by Cardinal Health during Period 4 (as defined in Schedule 3.1) pursuant to (a) Section 14.4, or (b) Section 14.5 due to a regulatory or other problem caused by a person or entity other than Cardinal Health and the Gross Sales up to the date of termination are at leas [***] of the Annual Baseline Forecast, then Acorda shall pay Cardinal Health in accordance with the payment schedule set forth in Schedule 3.1 notwithstanding that this Agreement was terminated before the entire year had been completed. For example, if Gross Sales as of the date of termination are [***] of the Annual Baseline Forecast, then Acorda shall pay Cardinal Health the amount due if Gross Sales for the entire year were [***] of the Annual Baseline Forecast.
Period 4. If this Agreement is terminated by Acorda during Period 4 (as defined in Schedule 3.1) pursuant to (a) Section 14.4, or (b) Section 14.5 due to a regulatory or other problem caused by Cardinal Health and the Gross Sales up to the date of termination are at least eighty-five percent (85%) of the Annual Baseline Forecast, then Acorda shall pay Cardinal Health in accordance with the payment schedule set forth in Schedule 3.1 notwithstanding that this Agreement was terminated before the entire year had been completed. For example, if Gross Sales as of the date of termination are 90% of the Annual Baseline Forecast, then Acorda shall pay Cardinal Health the amount due if Gross Sales for the entire year were 90% of the Annual Baseline Forecast. Certain portions of this Exhibit have been omitted pursuant to a request for confidentiality. Such omitted portions, which are marked with brackets [ ] and an asterisk*, have been separately filed with the Commission.
Period 4. From April 1, 2020 through March 31, 2021 (“Period 4”), the Concessionaire shall pay to the Department a commission fee equal to 24% of Total Gross Sales each month, but not less than $134,000.00 annually (“Period 4 Minimum Guarantee”), which shall be assessed and any shortfall remitted at the end of each year of this Agreement, plus, the applicable State Use Tax, (a percentage of the amount paid to the Department, equal to the sum of the state sales tax and applicable county discretionary sales tax percentages); and
