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Sales by All Sellers (as reported by the Energy Information Association r'EIA'j) as <br />compared to the baseline cost of $4.69 per gallon will be used to adjust the fuel and oil <br />cost component. The fuel and oil component shall be adjusted effective October 1, 2009, <br />calculated based on the average of the EIA index over the 12 -month period beginning July <br />of the preceding year and ending June of the current year as compared to the baseline <br />$4.69 price. The first calculation period shall be July 2008 through and including June <br />2009. The percentage change will be used for the adjustment. <br />(C) All references in this Agreement to Collection Rate Adjustment shall mean the <br />aggregate of the two Collection Rate Components set forth herein, except as specifically <br />contemplated in Section 12.3 of this Agreement. <br />12.2. Notice of Adiustments to Collection Rates, The Franchisee shall notify the District <br />in writing of Collection Rate Adjustment increases, as provided in this Article 12, no later <br />than August 20 of each year during the term of this Agreement, commencing August 20, <br />2009. <br />12.3. Maximum and Minimum Collection Rates Adiustments. The maximum Collection <br />Rate Adjustment for any one year shall be 7%. However, should the total Collection Rate <br />Adjustment exceed 7%, the exceedance shall be carried over and applied to the next <br />adjustment. Should that adjustment together with the carryover then exceed 7%, the <br />exceedance is then carried over to the next adjustment and so on. Notwithstanding <br />anything contained herein, at a minimum, the Franchisee shall receive 90% of the change <br />in the CPI Collection Rate Component. However, should the total Collection Rate <br />Adjustment equal less than 90% of the change in the CPI Collection Rate Component, the <br />shortfall shall be carried over and applied to the next adjustment. Should that adjustment <br />with the carryover then equal less than 90% of the change in the CPI Collection Rate <br />Component, the shortfall is then carried over to the next adjustment and so on. <br />12.4. Examples of Collection Rate Adiustments. The percentage weight for each <br />Collection Rate Component is multiplied times the existing Collection Rate to calculate the <br />cost associated with each Collection Rate Component, t, as shown in the "Weight Applied <br />to Collection Rate" column in the table below. This computation will be performed only <br />once, in order to establish the baseline Collection Rate Component values. , The <br />percentage change in each index is multiplied times the Collection Rate Component to <br />calculate the Collection Rate Adjustmeâ–ºit for each respective portion of the Collection Rate <br />Adjustment. The table below is intended for demonstration purposes only, and should not <br />be interpreted as actual Collection Rate Adiustments. <br />COST COMPONENT <br />INDEX <br />SOURCE <br />CPI <br />CPI (Unadjusted), AFI Urban <br />CPI detailed report, <br />Change <br />I <br />Consumers for the South, All <br />published by BLS. <br />I applied to <br />Items <br />I Chane <br />Fuel and oil <br />(Average), Lower Atlantic No. 2 <br />EIA, published monthly. <br />Ultra Low Sulfur Diesel Retail <br />Sales by All Sellers <br />Collection Rate <br />Weight <br />Weight <br />Source <br />% <br />Adjusted <br />Change <br />I <br />Component <br />I <br />I applied to <br />I <br />I Chane <br />I Rate <br />Effective <br />