Definition of Net Sales. For purposes of this Agreement, “Net Sales” shall be deemed to mean the aggregate invoiced amounts of Articles (and Products to which the Licensed Mxxx is not affixed and Articles from which the Licensed Mxxx has been removed in accordance with the provisions of Paragraph 14.3 below) sold or shipped by Licensee or any of its affiliates, less (i) customary trade discounts and markdown allowances actually earned and taken by customers (but expressly excluding discounts for prompt payment, such as “anticipation” discounts, and co-op advertising allowances) and (ii) amounts of returns or credits actually taken or granted by Licensee in accordance with its ordinary return policy. No deduction shall be made for other discounts or allowances of any kind or for any purpose, or for uncollectible accounts, accruals or reserves for returns, or costs incurred by Licensee. Sales or transfers of Articles made other than in arm’s length transactions and/or at less than the regular wholesale price shall be deemed to have been made at the regular wholesale price thereof.
Definition of Net Sales. For the purposes of this Agreement, "NET SALES" shall be defined as Gross Sales Revenues from the Partner Product(s), less the General Reserve (as defined in SECTION 3 of this EXHIBIT A).
Definition of Net Sales. “Net Sales” of a Licensed Product in a particular period shall mean the amount calculated by subtracting from the Sales of such Licensed Product for such period: (i) a lump sum deduction of [**] percent ([**]%) of Sales in lieu of those deductions that are not accounted for within the Commercializing Party on a Licensed Product-by-Licensed Product basis (e.g., freight, postage charges, transportation insurance, packing materials for dispatch of goods, custom duties); (ii) uncollectible amounts actually realized and credit card charges (including processing fees) accrued during such period on such Sales and not
Definition of Net Sales. As used in this Agreement, the term "Net Sales" means all revenue you derive from operating the WOB Tavern, including, but not limited to, all amounts you receive at or away from the Site from any activities or services whatsoever including any that are in any way associated with the Marks, and whether from cash, check, barter, debit or credit card, regardless of collection in the case of credit ("Gross Sales"); but excluding: (i) all federal, state or municipal sales, use or service taxes collected from customers and paid to the appropriate taxing authority; (ii) promotional discounts and coupons required by us; and (iii) customer refunds, adjustments, credits and allowances actually made by the WOB Tavern. We may periodically allow you and other franchisees to deduct a portion of complimentary sales, not to exceed 2% of Gross Sales, for purposes of calculating Royalties and Marketing Contributions. This deduction may only be taken for actual complimentary food, beverages or products provided to customers, and for no other reason. This deduction, and any other deduction we authorize, is only available to you as long as you timely and accurately report your Net Sales, including the percentage taken (and supporting documents) for authorized discounts and complimentary sales. We may discontinue this policy at any time for any reason whatsoever. All employee discounts and complimentary food, beverages or other products that you provide must otherwise be included in the definition of Net Sales at the full retail price charged by you to customers for such beverages or products. Net Sales also includes revenues from delivery service sales, retail, concessions, hotel room service, catering, special functions, etc. and sales of any products bearing or associated with the Marks.
Definition of Net Sales. As used in this Lease, the term "Net Sales" is defined as the gross selling price of all merchandise and/or services sold upon or from the Premises by Tenant, its subtenants, licensees and concessionaires, whether for cash or on credit
Definition of Net Sales. Net Sales" shall mean the Gross Sales ----------------------- recognized by BBC with respect to the Licensed Products less (i) sales tax, value added tax, and similar governmental taxes or charges, if any, (ii) actual sales returns, (iii) discounts off list prices, (iv) prompt payment discounts actually offered, (v) sales price allowances actually given, whether or not reflected on the relevant invoice, (vi) retailer pickup allowances, and (vii) import duties and fees and international freight billed to retailers outside of the United States and Canada. "Gross Sales" shall mean sales of the Licensed Products, priced at BBC's list price. Net Sales shall not include any Licensed Products given at no charge to potential customers or to retailers, brokers, spokespersons or others.
Definition of Net Sales. For purposes of this Agreement, Net Sales shall be calculated as gross sales minus allowances and rebates (including without limitation trade discounts, and other customer allowances) but excluding coupons granted for consumer sales promotion and other direct-to-consumer benefits.
Definition of Net Sales. “Net Sales” of a Licensed Product means, in a given period, the amount calculated by deducting from the Sales of such Licensed Product for such period the following deductions (individually and collectively, “Sales Deductions”): (x) a lump sum deduction of four percent (4%) of Sales in lieu of those deductions that are not accounted for within Genentech (or its Sublicensees) on a Licensed Product-by-Licensed Product basis (e.g., freight, postage charges, transportation insurance, packing materials for dispatch of goods, custom duties); (y) uncollectible amounts and credit card charges (including processing fees) accrued during such period on such Sales and not already taken as a gross-to-net deduction in accordance with the Accounting Standard in the calculation of Sales of such Licensed Product for such period; and (z) government mandated fees and taxes and other government charges accrued during such period on such Sales not already taken as a gross-to-net deduction in accordance with the Accounting Standard in the calculation of Sales of such Licensed Product for such period, including, for example, any fees, taxes or other charges that become due in connection with any healthcare reform, change in government pricing or discounting schemes, or EXHIBIT 10.57 [ * ] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. other action of a government or regulatory body. By way of example, and not limitation, the following items may be deducted only if, and to the extent, such items are part of Genentech’s (or its Sublicensees’) gross-to-net deductions taken in determining the “Sales” line of its audited financial statements as described in Section 6.1(b):
Definition of Net Sales. The term "net sales" as used in this Lease shall mean and include (as of the date of the transaction) the sale price of all goods and merchandise sold or leased (including gift and merchandise certificates) and charges for all services and all other receipts from the business performed by Tenant or any person, firm or corporation selling or leasing goods, merchandise or services in, upon or from any part of the Leased Premises, whether such amounts shall be for cash, charge accounts or credit cards, paid or unpaid, collected or uncollected. Each installment or credit sale shall be treated as a sale for the full price in the month during which such sale is made, irrespective of whether or when Tenant receives payment therefor. The term "
Definition of Net Sales. As used throughout this Agreement. the term “Net Sales” shall mean the aggregate of the invoiced amounts of Licensed Items, sold and/or shipped by Licensee and paid for by Licensee’s customers, less (a) refunds, credits and allowances actually made or allowed to customer with respect to Licensed Items, (b) shipping and/or freight charges, whether or not charged to customers as a separate line item on the invoice. (c) promotional/new store discounts. and (d) federal and state duties, levies, sales and excise taxes (including value-added taxes).
