The agreement is, "Compensation... to be paid to the lawyer by the client... shall be the following percentage of the gross amount collected". "Gross" does not mean "net".
As quoted, the contract provides two alternative methods for determining attorney fees, with your attorney being entitled to the greater fee.
A $100,000 award * 36% = $36,000.
A $100,000 award + $10,000 in attorney fees: as $36K > $10K, the attorney fee is determined by the contingency agreement = $36K.
A $100,000 award + $40K in attorney fees: as $36K < $40K, the attorney fee is determined by the $40K fee award = $40K.
Most personal injury cases do not involve attorney fee awards, such that this type of alternate fee clause becomes moot.