Common use of Definition of Gross Receipts Clause in Contracts

Definition of Gross Receipts. For purposes of this Section 16.5, “Gross Receipts” means any and all revenues or receipts (as determined in accordance with generally accepted accounting principles), including cash, credits, or other consideration of any kind or nature, derived directly or indirectly from the Telecommunications System (including the Fiber Optic Network), Facilities and Franchisee Poles including: (a) revenues or receipts which Franchisee and/or its Affiliates (for the purposes of this subpart (a) and subpart (b) below, Affiliate receipts only to be included if per Applicable Law such receipts should have been paid to Franchisee) receive in connection with Telecommunications Services or other services provided in accordance with this Agreement; (b) revenues or receipts which Franchisee and/or its Affiliates receive from their respective customers or subscribers, including residential, industrial and commercial entities within the Franchise Area for the sale, transmission, rendering and/or provision of Telecommunications Services, underrates, temporary or permanent, whether authorized or not by the Public Service Commission and represents amounts billed under such rates (including receipts from providing internet access services at the time the incumbent local exchange carrier pays Franchise Fees on such receipts), as adjusted for refunds, the net write-off of uncollectible accounts, corrections or other regulatory adjustments; (c) any revenues or receipts earned or received within the Franchise Area for the leasing, licensing, rental, lending, or usage of Franchisee’s Telecommunications System, Facilities, Franchisee Poles or any part or portion thereof, including Franchisee’s Fiber Optic Network and communications system (except excluding any revenue from other communications providers to Franchisee for the rental of leasing of Dark Fiber if that other provider intends to or does provision its own communications services over such fiber) as provided under Section 2.7 (Notices of Other Users); and (d) any revenues or receipts received for rendering other services, products or charges (including installation, maintenance and service charges) relating or pertaining to, or in connection with, the Telecommunications System, Facilities, Franchisee Poles, the transmission, rendering, sale or provision of Telecommunications Services, or both. Gross Receipts shall include any revenue or receipts received by any Affiliate of Franchisee where such revenue or receipts in the ordinary course of business should have, according to Applicable Law and existing practices, been paid to Franchisee in connection with the Operation, ownership or control of the Franchisee’s businesses or services detailed in sub-clauses (a), (b), (c) and/or (d) of this Section 16.5. Gross Receipts include: (1) revenues or other consideration from leasing, licensing, rental or usage of the Telecommunications System or Dark Fiber as set forth in subpart (c) above in this Section 16.5; (2) revenues or other consideration received from Franchisee’s Affiliates as set forth in subparts (a) and

Definition of Gross Receipts. For purposes of this Section 16.5, “Gross Receipts” means any and all revenues or receipts (as determined in accordance with generally accepted accounting principles), including cash, credits, or other consideration of any kind or nature, derived directly or indirectly from the Telecommunications System (including the Fiber Optic Network), Facilities and Franchisee Poles including: (a) revenues or receipts which Franchisee and/or its Affiliates (for the purposes of this subpart (a) and subpart (b) below, Affiliate receipts only to be included if per Applicable Law such receipts should have been paid to Franchisee) receive in connection with Telecommunications Services or other services provided in accordance with this Agreement; (b) revenues or receipts which Franchisee and/or its Affiliates receive from their respective customers or subscribers, including residential, industrial and commercial entities within the Franchise Area for the sale, transmission, rendering and/or provision of Telecommunications Services, underratesunder rates, temporary or permanent, whether authorized or not by the Public Service Commission and represents amounts billed under such rates (including receipts from providing internet access services at the time the incumbent local exchange carrier pays Franchise Fees on such receipts)rates, as adjusted for refunds, the net write-off of uncollectible accounts, corrections or other regulatory adjustments; (c) any revenues or receipts earned or received within the Franchise Area for the leasing, licensing, rental, lending, or usage of Franchisee’s Telecommunications System, Facilities, Franchisee Poles or any part or portion thereof, including Franchisee’s Fiber Optic Network and communications system (except excluding any revenue from other communications providers to Franchisee for the rental of leasing of Dark Fiber if that other provider intends to or does provision its own communications services over such fiber) system‌ as provided under Section 2.7 (Notices of Other Users); and (d) any revenues or receipts received for rendering other services, products or charges (including installation, maintenance and service charges) relating or pertaining to, or in connection with, the Telecommunications System, Facilities, Franchisee Poles, the transmission, rendering, sale or provision of Telecommunications Services, or both. Gross Receipts shall include any revenue or receipts received by any Affiliate of Franchisee where such revenue or receipts in the ordinary course of business should have, according to Applicable Law and existing practices, been paid to Franchisee in connection with the Operation, ownership or control of the Franchisee’s businesses or services detailed in sub-clauses (a), (b), (c) and/or (d) of this Section 16.5. Gross Receipts include: (1) revenues or other consideration from leasing, licensing, rental or usage of the Telecommunications System or Dark Fiber as set forth in subpart (c) above in this Section 16.5Fiber; (2) revenues or other consideration received from Franchisee’s Affiliates as set forth in subparts Affiliates; and (a3) andmiscellaneous service charges, including but not limited to turn-ons, meter sets, non-sufficient charges, late fees and interest, which are related to but are not part of the actual sale, transmission, rendering or provision of Telecommunication Services.