Definition of Gross Sales. The term "
Definition of Gross Sales. Gross Sales shall mean the amount of sales of all products and services sold in, on, about or from the Restaurant, together with any other revenues derived from the operation of the Restaurant, whether by Franchisee or by any other person, whether or not in accordance with the terms hereof, and whether for cash or on a charge, credit, barter or time basis, including, but not limited to, all such sales and services (i) where orders originate and/or are accepted by Franchisee in the Restaurant but delivery or performance thereof is made from or at any place other than the Restaurant or (ii) pursuant to telephone or other similar orders received or filled at or in the Restaurant. For purposes of determining the Royalty Fee and Advertising Fee, there shall be deducted from Gross Sales: (a) the amount of refunds, allowances or discounts to customers (including coupon sales) up to 5% of the Gross Sales, provided the related sales have previously been included in Gross Sales; and (b) the amount of any excise or sales tax levied upon retail sales and paid over to the appropriate governmental authority. 5.3
Definition of Gross Sales. The term Gross Sales means the ------------------------- aggregate dollar amount of ail sales of food and beverages (including alcoholic) by Tenant and ail assignees, licensees, concessionaires, subtenants, and others at or from the Demised Premises. Gross Sales shall not include the amount of sales, use or gross receipts tax imposed by any governmental authority. No franchise or capital stock tax and no income or similar tax based on income or profits shall be deducted from Gross Sales.
Definition of Gross Sales. The term "Gross Sales" as used in this Lease means the actual sale price of all goods, wares and merchandise sold in, upon or from any part of the Premises, including actual receipts from services rendered by Tenant as well as the total actual sales and services rendered by any licensee, subtenant or concessionaire occupying any portion of the Premises, all of which Tenant covenants shall be recorded on the books of Tenant provided, however, that the term "Gross Sales" shall not be deemed to mean and there shall be deducted or excluded, as the case may be, from "Gross Sales" amounts representing: 7.4.1 Sales of merchandise for which cash has been refunded on merchandise which is defective.
Definition of Gross Sales. As used in this Agreement, the term “Gross Sales” means the total actual gross charges for all products (food and non-food) and services sold to customers of the Restaurant for cash or credit, whether these sales are made at or from the Restaurant premises, or any other location. Gross Sales also includes any remuneration or monies you receive from the sale, lease, barter or creation of any products or services bearing our Marks or which are directly or indirectly related to the Restaurant, regardless from where such activities take place (i.e., internet sales, etc.). However, any amounts that you collect and transmit to state or local authorities as sales, use or other similar taxes are excluded from the definition of Gross Sales.
Definition of Gross Sales. For the purpose of determining the Percentage Rent to be paid hereunder, "Gross Sales" shall mean the total receipts (determined at the time of sale) from all merchandise and services sold or rendered in the Premises by Tenant or any subtenant, concessionaire, or licensee, whether for cash or on a charge, credit or time basis (without reserve or deduction for inability or failure to collect), less the selling price of any goods returned by any customer (to the extent that the selling price of any such returned goods has been included in Gross Sales) and less that part of the sales price of merchandise which is paid by the trading in of other merchandise of the customer (although the proceeds from the subsequent sale of such trade-in merchandise shall be included in Gross Sales hereunder) and further expressly excluding the following:
Definition of Gross Sales. The term "Gross Sales" as used herein shall ------------------------- mean the total amount of the actual total sales price (whether for cash or on credit or partly on credit) of all sales or rentals of goods, wares, merchandise, services, and all credit charges and all other receipts and revenues from business conducted in or from the Retail Space, including, but not limited to, all sales to employees of Tenant, all mail or telephone orders received or filed at or from the Retail Space, all deposits not refunded to purchasers, all orders taken at the Retail Space whether or not said orders are filled elsewhere, all receipts or sales through any vending machine or other coin operated machine or device, and all sales and revenues by any sublessee, occupant, concessionaire, licensee and any other party or parties in any way using the Retail Space. Gross Sales shall not include any sums collected and actually paid by Tenant for any sales or retail excise tax imposed by any duly constituted governmental authority, refunds, returns and allowances; amounts received for merchandise transferred to any other place of business of Tenant and service charges on credit card sales. Each sale upon installment or credit shall be treated as a sale for the full price in the month in which such sale shall be made, irrespective of the time when Tenant shall receive payment.
Definition of Gross Sales. The term "Gross Sales" is defined to mean the total amount in dollars of the actual sales price, or in the event of trade or barter, the fair market value at retail of any item or service traded or bartered, whether for cash, credit, trade, barter or otherwise or partly for cash, partly on credit, partly for trade and/or partly for barter, of all goods, wares and merchandise sold, charges for all services performed and all other receipts of business conducted in or from the Premises without deduction or reserve for uncollected or uncollectible amounts, including, without limitation, all catalogue, mail, telephone, telegraph and/or electronic sales and orders received or filled at or from the Premises, all deposits not refunded to purchasers, all orders taken in and from the Premises whether or not such orders are filled elsewhere, receipts or sales through any vending machine or other coin or token operated device, receipts from any rentals made from the Premises and receipts or sales by any sublessee, concessionaire, licensee and any other person or entity doing business in or from the Premises. Nothing contained in this Article shall be deemed to permit Tenant to sublease all or a portion of the Premises or allow a concessionaire to conduct business therein, without Landlord's prior written consent. Gross Sales shall not include any sums collected and paid out by Tenant for any sales or retail excise tax imposed by any duly constituted governmental authority, any exchange of goods or merchandise between the stores of Tenant where such exchange of goods or merchandise is made solely for the convenient operation of the business of Tenant and not for the purpose of consummating a sale which has been made at, in or from the Premises, the amount of returns to shippers or manufacturers, the amount of any cash or credit refund made with respect to any sale where the merchandise sold at or from the Premises, or some part hereof, is thereafter returned by the purchasers and accepted by Tenant, nor sales of fixtures which are not a part of Tenant's stock-in-trade. Each sale upon installment or credit shall be treated as a sale for the full price in the month during which such sale is made, irrespective of the time when Tenant may receive payment from its customer and no deduction shall be allowed for uncollected or uncollectible credit accounts. No deduction shall be made from Gross Sales for any franchise, income or gross receipts taxes, or for any other taxes ba...
Definition of Gross Sales. The term “Gross Sales,” as used in this Agreement, shall mean the total revenues derived by Franchisee in and from all IHOP restaurants in the Franchised Area, operated by virtue of this Agreement whether operated by Franchisee or a subfranchisee (which restaurants are hereinafter referred to as “Franchised Restaurants”), whether for cash sales of food and other merchandise or otherwise (whether or not payment is received
Definition of Gross Sales. The term “Gross Sales” as used in this Lease shall mean the gross receipts of Tenant derived from all sales of goods and services at or from the Premises [IF APPLICABLE and Licensed Premises], whether made for cash, check, credit account or otherwise and shall include, but not be limited to, sales where the orders for such sales originate or are accepted by Tenant at the Premises [IF APPLICABLE or the Licensed Premises] even though delivery or performance is made elsewhere and where orders originate outside of the Premises [IF APPLICABLE or the Licensed Premises] but delivery or performance of the orders is made from the Premises [IF APPLICABLE or the Licensed Premises], or whether such sales are made by means of mechanical or other vending device on the Premises [IF APPLICABLE or the Licensed Premises]. No franchise, occupancy, capital stock, income or similar tax based upon income or profits as such shall be deducted from Gross Sales in any event whatsoever.
