Common use of Gross Receipts Clause in Contracts

Gross Receipts. The term “Gross Receipts” shall mean: (i) the entire amount of the price charged, whether wholly or partially in cash or on credit, or otherwise, for all goods, wares, merchandise and chattels of any kind sold, leased, licensed or delivered (specifically including without limitation ski lift tickets, golf course green fees, hotel charges), and all charges for services sold or performed in, at, upon or from any part of or through the use of the Collateral or any part thereof by a Payment Borrower or any other party, or by means of any mechanical or other vending device; and (ii) all gross income of Payment Borrowers, and any other party from any operations in, at, upon or from the Collateral which are neither included in nor excluded from Gross Receipts by other provisions of this Agreement, but without duplication. Gross Receipts shall not include, or if included, there shall be deducted (but only to the extent they have been included), as the case may be, (i) the net amount of cash or credit refunds upon Gross Receipts, where the merchandise sold or some part of it is returned by the purchaser to and accepted by Borrowers (but not exceeding in any instance the selling price of the item in question); (ii) the amount of any sales tax, use tax or retail excise tax which is imposed by any duly constituted governmental authority directly on sales and which is added to the selling price (or absorbed therein) and is paid to the taxing authority by Borrowers (but not any vendor of Borrowers); (iii) exchanges of merchandise between the Collateral and other ski resorts of Borrowers or its Affiliates to the extent the same are made solely for the convenient operation of a Borrower’s business and not for the purpose of depriving Lender of the benefit of Gross Receipts; (iv) returns of merchandise to shippers, suppliers or manufacturers; (v) discount sale to employees and agents of Borrowers of merchandise not intended for resale; (vi) all receipts or proceeds from borrowings; (vii) gift certificates or like vouchers, if not issued for value, until the time they have been converted into a sale or redemption; (viii) income, revenues, receipts or proceeds from a Borrower’s investment of any funds in a deposit institution; and (ix) separately stated interest and service charges. In addition to the foregoing, the following shall be deducted from Gross Receipts to the extent otherwise included in the calculation thereof: (a) credits or refunds made to customer; (b) all federal, state, county and city sales taxes or other similar taxes, (c) all occupational taxes, use taxes and other taxes which must be paid by a Borrower or collected by a Borrower, by whatever name they are known or assessed, and regardless of whether or not they are imposed under any existing or future orders, regulations, laws or ordinances; and (d) agency commissions paid to independent third parties for selling tickets and surcharges in excess of the standard ticket price for tickets purchased by use of credit cards, but only to the extent such commissions or surcharges are actually remitted to independent third parties.

Gross Receipts. The term “Gross Receipts” shall mean: (i) the entire amount of the price charged, whether wholly or partially in cash or on credit, or otherwise, for all goods, wares, merchandise and chattels of any kind sold, leased, licensed or delivered (specifically including without limitation ski lift tickets, golf course green fees, hotel charges), and all charges for services sold or performed in, at, upon or from any part of or through the use of the Collateral Project or any part thereof by a Payment Borrower or any other party, or by means of any mechanical or other vending device; and (ii) all gross income of Payment BorrowersBorrower, Mount Snow, and any other party from any operations in, at, upon or from the Collateral Project which are neither included in nor excluded from Gross Receipts by other provisions of this Agreement, but without duplication. Gross Receipts shall not include, or if included, there shall be deducted (but only to the extent they have been included), as the case may be, (i) the net amount of cash or credit refunds upon Gross Receipts, where the merchandise sold or some part of it is returned by the purchaser to and accepted by Borrowers Borrower (but not exceeding in any instance the selling price of the item in question); (ii) the amount of any sales tax, use tax or retail excise tax which is imposed by any duly constituted governmental authority directly on sales and which is added to the selling price (or absorbed therein) and is paid to the taxing authority by Borrowers Borrower (but not any vendor of BorrowersBorrower); (iii) exchanges of merchandise between the Collateral Project and other ski resorts of Borrowers Borrower or its Affiliates to the extent the same are made solely for the convenient operation of a Borrower’s business and not for the purpose of depriving Lender of the benefit of Gross Receipts; (iv) returns of merchandise to shippers, suppliers or manufacturers; (v) discount sale sales to employees and agents of Borrowers Borrower of merchandise not intended for resale; (vi) all receipts or proceeds from borrowings; (vii) gift certificates or like vouchers, if not issued for value, until the time they have been converted into a sale or redemption; (viii) income, revenues, receipts or proceeds from a Borrower’s investment of any funds in a deposit institution; and (ix) separately stated interest and service charges. In addition to the foregoing, the following shall be deducted from form Gross Receipts to the extent otherwise included in the calculation thereof: (a) credits or refunds made to customer; (b) all federal, state, county and city sales taxes or other similar taxes, (c) all occupational taxes, use taxes and other taxes which must be paid by a Borrower or collected by a Borrower, by whatever name they are known or assessed, and regardless of whether or not they are imposed under any existing or future orders, regulations, laws or ordinances; and (d) agency commissions paid to independent third parties for selling tickets and surcharges in excess of the standard ticket price for tickets purchased by use of credit cards, but only to the extent such commissions or surcharges are actually remitted to independent third parties.

Gross Receipts. The term “Gross Receipts” shall mean: (i) the entire amount of the price charged, whether wholly or partially in cash or on credit, or otherwise, for all goods, wares, merchandise and chattels of any kind sold, leased, licensed or delivered (specifically including without limitation ski lift tickets, golf course green fees, hotel charges), and all charges for services sold or performed in, at, upon or from any part of or through the use of the Collateral Project or any part thereof by a Payment Borrower or any other party, or by means of any mechanical or other vending device; and (ii) all gross income of Payment BorrowersBorrower, LBO, and any other party from any operations in, at, upon or from the Collateral Project which are neither included in nor excluded from Gross Receipts by other provisions of this Agreement, but without duplication. Gross Receipts shall not include, or if included, there shall be deducted (but only to the extent they have been included), as the case may be, (i) the net amount of cash or credit refunds upon Gross Receipts, where the merchandise sold or some part of it is returned by the purchaser to and accepted by Borrowers Borrower (but not exceeding in any instance the selling price of the item in question); (ii) the amount of any sales tax, use tax or retail excise tax which is imposed by any duly constituted governmental authority directly on sales and which is added to the selling price (or absorbed therein) and is paid to the taxing authority by Borrowers Borrower (but not any vendor of BorrowersBorrower); (iii) exchanges of merchandise between the Collateral Project and other ski resorts of Borrowers Borrower or its Affiliates to the extent the same are made solely for the convenient operation of a Borrower’s business and not for the purpose of depriving Lender of the benefit of Gross Receipts; (iv) returns of merchandise to shippers, suppliers or manufacturers; (v) discount sale sales to employees and agents of Borrowers Borrower of merchandise not intended for resale; (vi) all receipts or proceeds from borrowings; (vii) gift certificates or like vouchers, if not issued for value, until the time they have been converted into a sale or redemption; (viii) income, revenues, receipts or proceeds from a Borrower’s investment of any funds in a deposit institution; and (ix) separately stated interest and service charges. In addition to the foregoing, the following shall be deducted from form Gross Receipts to the extent otherwise included in the calculation thereof: (a) credits or refunds made to customer; (b) all federal, state, county and city sales taxes or other similar taxes, (c) all occupational taxes, use taxes and other taxes which must be paid by a Borrower or collected by a Borrower, by whatever name they are known or assessed, and regardless of whether or not they are imposed under any existing or future orders, regulations, laws or ordinances; and (d) agency commissions paid to independent third parties for selling tickets and surcharges in excess of the standard ticket price for tickets purchased by use of credit cards, but only to the extent such commissions or surcharges are actually remitted to independent third parties.

Gross Receipts. The term “Gross Receipts” shall mean: (i) the entire amount of the price charged, whether wholly or partially in cash or on credit, or otherwise, for all goods, wares, merchandise and chattels of any kind sold, leased, licensed or delivered (specifically including without limitation ski lift tickets, golf course green fees, hotel charges), and all charges for services sold or performed in, at, upon or from any part of or through the use of the Collateral or any part thereof by a Huntingdon Additional Payment Borrower or any other party, or by means of any mechanical or other vending device; and (ii) all gross income of Huntington Additional Payment Borrowers, and any other party from any operations in, at, upon or from the Collateral which are neither included in nor excluded from Gross Receipts by other provisions of this Agreement, but without duplication. Gross Receipts shall not include, or if included, there shall be deducted (but only to the extent they have been included), as the case may be, (i) the net amount of cash or credit refunds upon Gross Receipts, where the merchandise sold or some part of it is returned by the purchaser to and accepted by Huntington Additional Payment Borrowers (but not exceeding in any instance the selling price of the item in question); (ii) the amount of any sales tax, use tax or retail excise tax which is imposed by any duly constituted governmental authority directly on sales and which is added to the selling price (or absorbed therein) and is paid to the taxing authority by Huntington Additional Payment Borrowers (but not any vendor of Huntington Additional Payment Borrowers); (iii) exchanges of merchandise between the Collateral and other ski resorts of Huntington Additional Payment Borrowers or its Affiliates to the extent the same are made solely for the convenient operation of a Huntington Additional Payment Borrower’s business and not for the purpose of depriving Lender of the benefit of Gross Receipts; (iv) returns of merchandise to shippers, suppliers or manufacturers; (v) discount sale to employees and agents of Huntington Additional Payment Borrowers of merchandise not intended for resale; (vi) all receipts or proceeds from borrowings; (vii) gift certificates or like vouchers, if not issued for value, until the time they have been converted into a sale or redemption; (viii) income, revenues, receipts or proceeds from a Huntington Additional Payment Borrower’s investment of any funds in a deposit institution; and (ix) separately stated interest and service charges. In addition to the foregoing, the following shall be deducted from Gross Receipts to the extent otherwise included in the calculation thereof: (a) credits or refunds made to customer; (b) all federal, state, county and city sales taxes or other similar taxes, (c) all occupational taxes, use taxes and other taxes which must be paid by a Huntington Additional Payment Borrower or collected by a Huntington Additional Payment Borrower, by whatever name they are known or assessed, and regardless of whether or not they are imposed under any existing or future orders, regulations, laws or ordinances; and (d) agency commissions paid to independent third parties for selling tickets and surcharges in excess of the standard ticket price for tickets purchased by use of credit cards, but only to the extent such commissions or surcharges are actually remitted to independent third parties.

Gross Receipts. The term “Gross Receipts” shall mean: (i) the entire amount of the price chargedactual receipts, whether wholly or partially in for cash or on credit, or otherwise, for of all goodssales of food, waresliquor, merchandise and chattels of any kind soldmerchandise, leased, licensed or delivered (specifically including without limitation ski lift tickets, golf course green fees, hotel charges), and all charges for services sold or performed in, at, upon or from any part of or through the use of the Collateral or any part thereof by a Payment Borrower service or any other party, or by means receipt whatsoever of any mechanical or other vending device; and (ii) all gross income of Payment Borrowers, and any other party from any operations in, at, upon business conducted in or from the Collateral which are neither included in nor excluded from Gross Receipts by Premises (including any sidewalk or other provisions of this Agreementpublic areas that Tenant is able to use or to obtain access) during the applicable period, including, but without duplicationnot limited to, mail orders, telephone orders and/or other orders in whatever manner received or filled, whether in whole or in part, at the Premises, (including any sidewalk or other public areas that Tenant is able to use or to obtain access) and including all deposits not refunded to purchasers, orders taken, sales to employees, sales through vending machines or other devices, and sales by any subtenant, concessionaire or licensee or otherwise in or from the Premises, provided that nothing herein shall prevent Landlord from requiring an additional or different Percentage Rent as a condition to approval of any subtenant, concessionaire or licensee hereunder. No deduction shall be allowed for uncollected or uncollectible accounts, any income or similar tax based on income or any gross receipts tax. Gross Receipts shall not include, or if included, there shall be deducted (but only to the extent they have been included), as the case may be, include any (i) the net amount of cash sales tax, use tax, or credit refunds upon Gross Receiptsany other tax separately collected by Tenant or paid to any duly constituted governmental authority, where the merchandise sold or some part of it is returned by the purchaser to and accepted by Borrowers (but not exceeding in any instance the selling price of the item in question); (ii) the amount of any sales tax, use tax or retail excise tax which is imposed by any duly constituted governmental authority directly on sales and which is added to the selling price (or absorbed therein) and is paid to the taxing authority by Borrowers (but not any vendor of Borrowers); (iii) exchanges exchange of merchandise between the Collateral and other ski resorts restaurants or stores of Borrowers Tenant, if any, where such exchange of goods or its Affiliates to the extent the same merchandise are made solely for the convenient operation of a Borrower’s the business of Tenant and not for the purpose of consummating a sale which had theretofore been made at, in, from or upon the Premises and/or for the purpose of depriving Lender Landlord of the benefit of Gross Receipts; a sale which otherwise would be made at, in, from or upon the Premises, (iii) the amount of returns to shippers or manufacturers, (iv) returns of merchandise to shippers, suppliers or manufacturers; (v) discount sale to employees and agents of Borrowers of merchandise not intended for resale; (vi) all receipts or proceeds from borrowings; (vii) gift certificates or like vouchers, if not issued for value, until the time they have been converted into a sale or redemption; (viii) income, revenues, receipts or proceeds from a Borrower’s investment amount of any funds in a deposit institution; cash or credit refund made upon any sale where the merchandise sold, or some part thereof, is thereafter returned by the purchaser and (ix) separately stated interest and service charges. In addition to the foregoing, the following shall be deducted from Gross Receipts to the extent otherwise included in the calculation thereof: (a) credits or refunds made to customer; (b) all federal, state, county and city sales taxes or other similar taxes, (c) all occupational taxes, use taxes and other taxes which must be paid accepted by a Borrower or collected by a Borrower, by whatever name they are known or assessed, and regardless of whether or not they are imposed under any existing or future orders, regulations, laws or ordinances; and (d) agency commissions paid to independent third parties for selling tickets and surcharges in excess of the standard ticket price for tickets purchased by use of credit cardsTenant, but only to the extent of such commissions refund, if the selling price of such merchandise was previously included in Gross Receipts, (v) sales of Tenant's store fixtures, and (vi) the amount of any sales to employees or surcharges sales made pursuant to a customer promotional program, except to the extent of amounts charged for the same (the exclusions set forth in clauses (i) through (vi) are actually remitted collectively referred to independent third partiesas the "Exclusions"). Notwithstanding anything in the Lease (including this Paragraph I B 3) to the contrary, the aggregate amount of the Exclusions shall not exceed three (3) percent of Gross Receipts in any Lease Year.

Gross Receipts. The term “‌ Gross Receipts” Receipts shall mean: (i) mean the entire amount sale prices of the price charged, whether wholly or partially in cash or on credit, or otherwise, for all goods, wares, and merchandise sold and chattels of any kind sold, leased, licensed or delivered (specifically including without limitation ski lift tickets, golf course green fees, hotel charges), and all the charges for all services sold performed by Concessionaire or performed any other person or entity in, at, upon or from any part of the Premises for cash, credit or through the use of the Collateral otherwise, without reserve or any part thereof by a Payment Borrower or any other partydeduction for uncollected amounts, credit card charges, or by means of any mechanical or other vending device; collection costs, including, but not limited to, all sales and services occurring on the Premises and all sales and services: (iia) all gross income of Payment Borrowers, and any other party from any operations where the orders originate in, at, upon or from the Collateral which Premises, regardless from whence delivery or performance is made; (b) where orders are neither included in nor excluded made to and/or filled from the Premises pursuant to mail, telephone, telegraph, catalog, internet, or otherwise received, filled, or distributed from the Premises; and, (c) any income resulting from transactions originating in, at, or from the Premises including the sale of gift certificates, and deposits not refunded to customers. Excluded from Gross Receipts by other provisions shall be: (i) exchanges of this Agreementmerchandise between Concessionaire's stores made only for the convenient operation of Concessionaire's business and not to consummate a sale made in, but without duplication. Gross Receipts shall not includeat, or if included, there shall be deducted from the Premises; (ii) returns to manufacturers; (iii) refunds to customers (but only to the extent they have been included), as the case may be, (i) the net amount of cash or credit refunds upon original sale to that customer was included in Gross Receipts, where the merchandise sold or some part of it is returned by the purchaser to and accepted by Borrowers (but not exceeding in any instance the selling price of the item in question); (ii) the amount of any sales tax, use tax or retail excise tax which is imposed by any duly constituted governmental authority directly on sales and which is added to the selling price (or absorbed therein) and is paid to the taxing authority by Borrowers (but not any vendor of Borrowers); (iii) exchanges of merchandise between the Collateral and other ski resorts of Borrowers or its Affiliates to the extent the same are made solely for the convenient operation of a Borrower’s business and not for the purpose of depriving Lender of the benefit of Gross Receipts; (iv) returns sales of merchandise to shippersfixtures, suppliers or manufacturersmachinery and equipment after use in Concessionaire's business in the Premises; (v) discount sale only those sales, excise, or similar taxes imposed by governmental authority and collected from customers and directly paid out by Concessionaire to employees and agents of Borrowers of merchandise not intended for resalethe government entity; (vi) all receipts or proceeds from borrowingsDiscounts not to exceed two percent (2%), as provided in Section 4.5; (vii) gift certificates any rebates, allowances or like vouchersfunds received from vendors, if not issued for value, until the time they have been converted into a sale suppliers or redemptionmanufacturers that per Generally Accepted Accounting Principles are deemed reductions to cost of goods sold; (viii) income, revenues, receipts or proceeds from a Borrower’s investment the dollar value of any funds in a deposit institutiongoods provided upon the redemption of gift certificates; and (ix) separately stated interest and service charges. In addition to the foregoing, the following shall be deducted from Gross Receipts to the extent otherwise included in the calculation thereof: (a) credits or refunds made to customer; (b) all federal, state, county and city sales taxes or other similar taxes, (c) all occupational taxes, use taxes and other taxes which must be gratuities for services performed by Concessionaire’s employees that are paid by a Borrower Concessionaire or collected by a Borrowerits customers to such employees, by whatever name they are known or assessed, and regardless of whether or not they are imposed under any existing or future orders, regulations, laws or ordinances; and (d) agency commissions paid to independent third parties for selling tickets and surcharges in excess of the standard ticket price for tickets purchased by use of credit cards, but only except to the extent such commissions or surcharges are actually remitted to independent third partiesConcessionaire receives a portion of such gratuities.

Gross Receipts. The term "Gross Receipts" as used herein shall mean the total amount received or realized by, or accruing to Contractor from all cash or credit sales at the Airport of services, including lounge access, and broadband, Wi-Fi or other data services, food, beverage, materials, or other merchandise made pursuant to the privileges authorized by this Lease. Additionally, included in “Gross Receipts” ”, is any per-guest revenues received or realized by the Contractor as a result of granting access to the lounge or providing any services associated with the Permitted Use of the Premises. Losses due to "bad" checks or credit cards, including credit card fees, are the responsibility of Contractor and shall mean: not be deducted from Gross Receipts. A sale shall be deemed made at the Airport if (i1) the entire amount merchandise or services are ordered at the Airport and filled at the Airport or elsewhere; or (2) if the merchandise or services are ordered elsewhere, but the order is filled at the Airport or the merchandise or services are delivered from the Airport. All revenue shall be deemed to be received at the time of determination of the price chargedamount due Contractor for each transaction, whether wholly or partially in for cash or on credit, and not at the time of billing or otherwisepayment, for all goods, wares, merchandise and chattels of any kind sold, leased, licensed or delivered (unless otherwise specifically including without limitation ski lift tickets, golf course green fees, hotel charges), and all charges for services sold or performed in, at, upon or from any part of or through the use of the Collateral or any part thereof by a Payment Borrower or any other party, or by means of any mechanical or other vending device; and (ii) all gross income of Payment Borrowers, and any other party from any operations in, at, upon or from the Collateral which are neither included stated in nor excluded from Gross Receipts by other provisions of this Agreement, but without duplicationLease. Gross Receipts shall not include, or if included, there shall be deducted (but only to include the extent they have been included), as the case may be, (i) the net amount of cash or credit refunds upon Gross Receipts, where the merchandise sold or some part of it is returned by the purchaser to and accepted by Borrowers (but not exceeding in any instance the selling price of the item in question); (ii) the amount of any sales tax, use tax or retail excise tax which is imposed by any duly constituted governmental authority directly on sales and which is added to the selling price (or absorbed therein) and is paid to the taxing authority by Borrowers (but not any vendor of Borrowers); (iii) exchanges of merchandise between the Collateral and other ski resorts of Borrowers or its Affiliates to the extent the same are made solely for the convenient operation of a Borrower’s business and not for the purpose of depriving Lender of the benefit of Gross Receipts; (iv) returns of merchandise to shippers, suppliers or manufacturers; (v) discount sale to employees and agents of Borrowers of merchandise not intended for resale; (vi) all receipts or proceeds from borrowings; (vii) gift certificates or like vouchers, if not issued for value, until the time they have been converted into a sale or redemption; (viii) income, revenues, receipts or proceeds from a Borrower’s investment of any funds in a deposit institution; and (ix) separately stated interest and service charges. In addition to the foregoing, the following shall be deducted from Gross Receipts to the extent otherwise included in the calculation thereoffollowing: (a) credits or refunds made to customer; (b) all any sums collected for any federal, state, county and city municipal sales taxes or other similar taxes, (c) all occupational so-called luxury taxes, use taxes, consumer excise taxes, gross receipts taxes and other similar taxes which must be paid now or hereafter imposed by a Borrower or collected by a Borrower, by whatever name they are known or assessed, law upon the sale of merchandise but only if separately stated from the sales price and regardless of whether or not they are imposed under any existing or future orders, regulations, laws or ordinances; and (d) agency commissions paid to independent third parties for selling tickets and surcharges in excess of the standard ticket price for tickets purchased by use of credit cards, but only to the extent such commissions paid by Contractor to any duly constituted governmental/taxing authority, other than the Airports Authority; (b) the portion of the sales price for all merchandise returned by customers and accepted for credit to the extent of the credit actually given to the customer as well as rebates, exchanges or surcharges allowances made to customers; (c) the sale of trade fixtures, equipment or property which are actually remitted not stock in trade and not in the ordinary course of business; (d) receipts in the form of refunds from or the value of merchandise, supplies or equipment returned to independent third partiesvendors, shippers, suppliers or manufacturers including volume discounts received from the Contractor's vendors and suppliers; (e) only the discounted portion of any sale given by Contractor on sales of merchandise to the Contractor's own employees, if separately stated, and limited to an amount not more than one percent (1%) of Contractor's annual Gross Receipts; (f) the amount of any gratuity paid or given by patrons or customers to Contractor's employees; (g) the sale or transfer in bulk of the inventory of Contractor to a purchaser of all or substantially all of the assets or securities of the concession operator in a transaction not in the ordinary course of the Contractor's business; and (h) except with respect to proceeds received for business interruptions paid on a gross earnings business interruption insurance policy, receipts from all other insurance proceeds received by Contractor as a result of a loss or casualty.

Gross Receipts. The term “Gross Receipts” shall mean: (i) the entire amount of the price charged, whether wholly or partially in cash or on credit, or otherwise, for all goods, wares, merchandise and chattels of any kind sold, leased, licensed or delivered (specifically including without limitation ski lift tickets, golf course green fees, hotel charges), and all charges for services sold or performed in, at, upon or from any part of or through the use of the Collateral or any part thereof by a Payment Borrower or any other partyterm referencing the gross revenues to be generated by a concession operation) shall mean and include all monies, or by means other consideration, paid or payable to the Concession Sublessee for sales made or services rendered at or from the concession premises, regardless of any mechanical when or other vending device; where the order therefor is received, and (ii) all gross income of Payment Borrowersoutside the concession premises, if the order therefor is received at the concession premises, and any other party from revenues of any type arising out of or in connection with concession operations in, at, upon or from at the Collateral which are neither included in nor concession premises; provided that there shall be excluded from Gross Receipts the following: (a) any sums collected for any federal, state, county and municipal sales taxes, so-called luxury taxes, use taxes, consumer excise taxes, gross receipts taxes and other similar taxes now or hereafter imposed by other provisions law upon the sale of this Agreementmerchandise, but without duplication. Gross Receipts shall not include, food & beverage products or if included, there shall be deducted (but only to the extent they have been included), as the case may be, (i) the net amount of cash or credit refunds upon Gross Receipts, where the merchandise sold or some part of it is returned by the purchaser services which are separately stated to and accepted paid by Borrowers (but not exceeding in any instance the selling price of the item in question); (ii) the amount of any sales tax, use tax or retail excise tax which is imposed by any duly constituted governmental authority a customer and directly on sales and which is added to the selling price (or absorbed therein) and is paid payable to the taxing authority by Borrowers the Concession Sublessee, (b) any receipts of the Concession Sublessee which arise from its operations under any agreement with the Port Authority (other than the Port Authority consent agreement) relating to the Concession Sublessee's premises and which are subject to a percentage fee or percentage rental under that agreement, (c) receipts in the form of refunds from, or the value of merchandise (including food & beverage products), services, supplies or equipment returned to, vendors, shippers, suppliers or manufacturers, including volume discounts received from the Concession Sublessee’s suppliers or manufacturers (but specifically excluding retail display allowances or other promotional incentives received from vendors and suppliers, etc. all of which must be included within Gross Receipts), (d) gratuities for services performed by employees of the Concession Sublessee which are paid or given by the Concession Sublessee's customers to such employees at or serving at the Concession Sublessee's premises, (e) the sale or transfer in bulk of the inventory of the Concession Sublessee to a purchaser of all or substantially all of the assets of the Concession Sublessee in a transaction not any vendor in the ordinary course of Borrowers); the Concession Sublessee's business, (iiif) except with respect to proceeds received for business interruptions paid on a gross earnings business interruption insurance policy, proceeds from all other insurance received by the Concession Sublessee as a result of a loss or casualty, (g) rebates, exchanges or allowance made to customers of the Concession Sublessee at the Concession Sublessee's premises, (h) the exchange of merchandise between the Collateral and other ski resorts stores or warehouses owned by or affiliated with the Concession Sublessee, if any, where such exchanges of Borrowers goods or its Affiliates to the extent the same merchandise are made solely for the convenient operation of a Borrower’s the business of the Concession Sublessee and not for the purpose of consummating a sale which has theretofore been made at, in, from or upon the Concession Sublessee’s premises or for the purpose of depriving Lender the Port Authority of the benefit of the sale which otherwise would be made at, in, from or upon the Concession Sublessee's premises, (i) customary discounts given by the Concession Sublessee on sales of merchandise or services to its employees, if separately stated, and limited in amount to not more than [XX] percent ([XX]%) of Gross Receipts; Receipts per monthly period, (j) mandatory discounts equal to [XX] percent ([XX]%) to be given by the Concession Sublessee pursuant to this Concession Sublease on sales of merchandise or services to the Lessee’s and the Port Authority's employees, other Airport airline lessees' employees and other individuals employed at the Airport, if separately stated, (k) income actually received by the Concession Sublessee from manufacturers of goods (cosmetics, perfume) displayed for sale at the Concession Sublessee's premises if the conditions set forth in the succeeding sentence are fully and strictly satisfied with respect to such income. The conditions to be satisfied with respect to clause (k) are as follows: (i) the manufacturer specifically identifies the time period to which the income relates, (ii) reimbursement from the manufacturer to the Concession Sublessee occurs in connection with employees (1) who are on Concession Sublessee's payroll for the operations permitted under this Concession Sublease, and (2) who are on such payroll during the time period to which the reimbursement relates, (iii) the manufacturer and the Concession Sublessee have previously entered into a written agreement that sets forth the material terms of their arrangement with regard to the reimbursement that is the subject of this clause (k), and (iv) returns of merchandise the Concession Sublessee provides to shippersthe Port Authority written documents and records substantiating the matters listed in sub-clauses (i) through (iii), suppliers or manufacturers; (v1) discount sale to employees and agents of Borrowers of merchandise not intended for resale; (vi) all receipts or proceeds from borrowings; (vii) the sale of gift certificates or like vouchersvouchers until such time as the gift certificates or like vouchers have been treated as a sale in or from the Concession Sublessee’s premises pursuant to Concession Sublessee's record keeping system, and (m) sale of trade fixtures, equipment or property which are not stock in trade and not in the ordinary course of business. For the purpose of determining the percentage rentals payable by the Concession Sublessee, Gross Receipts shall include all orders including, but not limited to, all orders by means of mail, catalogue, closed circuit television, electronic, telephonic, video, computer or other technology-based system, whether now existing or developed in the future, all deposits not refunded to or otherwise forfeited by customers, all orders taken in and from the Concession Sublessee’s premises, whether or not such orders are filled elsewhere, the entire amount of the actual sales price and all other receipts for sales and services rendered, all insurance proceeds received due to loss of gross earnings paid under the Concession Sublessee’s business interruption insurance policy because of business interruptions, and earnings on any exchange or foreign currency transaction whether for an exchange service or for merchandise, products and/or services. A “sale” shall be deemed to have been consummated for purposes hereof, and the entire amount of the sales price shall be included in Gross Receipts and deemed received at the time of determination of the amount due for each transaction, whether for cash, credit or otherwise, and not at the time of billing or payment. Each sale made upon installment or credit shall be treated as a sale for the full price in the month during which such sale shall be made, irrespective of the time when any payment is received. No deduction from Gross Receipts shall be allowed for uncollected or uncollectible credit amounts or "bad" checks. Gross Receipts shall include retail display allowances, slotting fees, on-premises advertising and other promotional incentives (collectively referred to as “RDAs”). Gross Receipts shall include all such sales, revenues or receipts generated by the Concession Sublessee’s sub-operators/sub-subtenants, if any, or anyone else conducting business pursuant to an arrangement with the Concession Sublessee. Without limiting the requirement for Port Authority approval, if the Concession Sublessee conducts any business or operations through the use of a contractor or other third party that is not issued a Port Authority permittee, and if the payments for valueany of such business or operations are made to such contractor rather than to the concessionaire directly, until the time they have been converted into a sale or redemption; (viii) incomesaid payments shall be deemed amounts, monies, revenues, receipts and income paid or proceeds from a Borrower’s investment of any funds in a deposit institution; and (ix) separately stated interest and service charges. In addition payable to the foregoing, concessionaire for purposes of determining the following Concession Sublessee’s Gross Receipts; provided that the foregoing shall not grant or be deducted from Gross Receipts deemed to grant any right or permission to the concessionaire to use an independent contractor or other third party to conduct any business or operations or perform any rights or obligations hereunder. For sales made in exchange for airline miles or awards (if and to the extent otherwise included in permitted by the calculation thereof: (a) credits Port Authority), or refunds made to customer; (b) all federalwhere other consideration is given, state, county and city sales taxes or other similar taxes, (c) all occupational taxes, use taxes and other taxes which must be paid by a Borrower or collected by a Borrower, by whatever name they are known or assessed, and regardless of whether or not they are imposed under any existing or future orders, regulations, laws or ordinances; and (d) agency commissions paid to independent third parties for selling tickets and surcharges in excess Gross Receipts shall include the full value of the standard ticket price goods sold or services provided as if cash was received. Moreover, the Concession Sublessee’s electronic cash control system shall include sales made in exchange for tickets purchased by use of credit cards, but only to the extent such commissions or surcharges are actually remitted to independent third partiesairline miles and awards.