Gross Income Defined. For the purposes of this Agreement, the term -------------------- "Gross Income" shall mean: (i) all monies received for admission to the Theatre, exclusive of admission taxes or other taxes required by law to be collected from the patron at the time of the sale of the tickets at the box office or other place where admissions are sold, and exclusive of all bona fide refunds made to patrons; (ii) all monies received from sales of food, beverages and merchandise at the Theatre, exclusive of sales tax required by law to be paid in connection with such sales; (iii) the gross amount received (less any applicable taxes) from the use of the Theatre in its entirety by a third party for the exhibitions of films (i.e., a "four wall deal") or for theatrical performances, lectures, concerts or the like where the party using the Theatre is entitled to retain the receipts from admissions to such event and pays a flat fee or percentage of receipts for such use; (iv) the receipts from any vending or video machines located at the Theatre; (v) if applicable, parking receipts; and (vi) all other monies received from the operation or use of the Theatre (including without limitation, rebates, commissions and shrinkage and all revenues obtained in connection with the advertising of the Theatre or motion pictures exhibited therein). Admission prices and classifications shall be determined by Manager, subject to the approval of Owner prior to any change, which approval shall not be unreasonably withheld or delayed.
Gross Income Defined. For the purposes of this Agreement, the term -------------------- "Gross Income" shall mean: (i) all monies received for admission to the Designated Cinemas, exclusive of admission taxes or other taxes required by law to be collected from the patron at the time of the sale of the tickets at the box office or other place where admissions are sold, and exclusive of all bona fide refunds made to patrons; (ii) all monies received from sales of food, beverages and merchandise at the Designated Cinemas, exclusive of sales tax required by law to be paid in connection with such sales; (iii) the gross amount received (less any applicable taxes) by Owner from the use of any one or more auditoriums in any Designated Cinemas by a third party for the exhibitions of films (i.e., a "four wall deal") or for theatrical performances, lectures, concerts or the like where the party using the Designated Cinemas is entitled to retain the receipts from admissions to such event and pays a flat fee or percentage of receipts for such use; (iv) the receipts retained by Owner from any vending or video machines located at the Designated Cinemas; and (v) all other monies received from the operation or use of the Designated Cinemas which would be deemed to be revenue of the Owner under generally accepted accounting principals. Admission prices and classifications shall be determined by Manager, subject to the approval of Owner prior to any change, which approval shall not be unreasonably withheld or delayed. Notwithstanding the above, Gross Income will not include the Gross Income or any amounts paid to Owner with respect to any cafe or restaurant operation which may be located within property owned or leased by the Owner in conjunction with any Designated Cinema, so long as such cafe or restaurant is operated or managed by a party other than the Manager.
