Gross Sales. Notwithstanding anything in the Lease to the contrary the definition of Gross Sales shall be as follows:
Gross Sales. “Gross Sales” means the actual sales price of, or other consideration paid for, all merchandise, and the actual charges for all services performed or benefits received, on or from the Premises, by Tenant or by any subtenant, licensee or concessionaire, whether for cash, or otherwise (without deduction for inability or failure to collect) including, but not limited to, such sales and services (a) where the orders therefor originate on or from the Premises, whether delivery or performance is made from the Premises or from some other place, (b) made pursuant to orders mailed, telephoned, e-mailed to or otherwise received at, or filled from, the Premises, (c) by means of mechanical or other vending devices in the Premises, (d) take-out orders and (e) as a result of transactions originated on or from the Premises. Each sale upon installment or credit shall be treated as part of Gross Sales for the full price in the month in which said sale is made, irrespective of the time when Tenant shall receive payment therefor. Gross Sales does not include any of the following:
Gross Sales. The term “Gross Sales” includes all moneys or things of value received or receivable, including lease or rental revenue (without deductions for uncollectibles), by Tenant, its sublessees, licensees or concessionaires or others, for merchandise sold or services performed or equipment, merchandise or other inventory items leased or rented or business conducted (including: interest, time-price differential, finance charges and service charges on time-payment sales, credit sales or lay-away sales) in, about or from the Demised Premises (including, without limitation, orders received in person or by mail, telephone or telegraph, and services performed by Tenant away from the Demised Premises), including transactions in which delivery is made to the customer at the Demised Premises but the order is taken elsewhere, transactions in which the order is taken at the Demised Premises but delivery is made elsewhere, receipts from mechanical and other vending machines, and deposits not refunded to purchasers. The term “Gross Sales” shall not include (i) governmental excise or sales taxes added to the selling price of the item and paid by Tenant directly to the taxing authority, or (ii) refunds or allowances to customers not in excess of the original selling price of the item, or (iii) transfers or exchanges of merchandise to another of Tenant’s stores made in the regular course of Tenant’s business and not for the purpose of avoiding consummation of a sale in the Demised Premises, or (iv) returns to shippers or manufacturers, or (v) sales of Tenant’s “Removable Trade Fixtures” (as defined in the Lease) after use by Tenant in the Demised Premises. Under no circumstances shall there be any deduction from Gross Sales by reason of Tenant’s being liable to pay any franchise tax, capital stock tax, income tax or similar or dissimilar tax based upon Tenant’s income, capital structure, or profits. All Gross Sales will be recorded so that each transaction is evidenced accurately in accordance with generally accepted accounting principles. Full and adequate records and books of account shall be accurately maintained by Tenant on all business operations in or about the Demised Premises. All books of account, records, daily cash register total slips, sales slips and Federal income tax returns relating to Tenant’s operation in or about the Demised Premises will be retained by Tenant for a period of three (3) years after preparation, and will be open to inspection by Landlord (or it...
Gross Sales. Less Allowances (On a separate page, please indicate the reasons for returns or other adjustments if significant.) • Net Sales • Royalty Rate (Please note any unusual occurrences that affected royalty amounts during this period. To assist UFRF’s forecasting, please comment on any market variables that would impact future royalties). • Total Royalty due this period • Total Royalty paid last period *** Confidential Treatment Requested
Gross Sales. The term “Gross Sales,” as used herein, shall be construed to mean the aggregate amount of all sales made and services rendered at or from the Premises, and any other revenues of any type arising out of or in connection with Lessee’s operation under this Lease on the Premises, regardless of when or where the order therefore is received, where performed by Lessee or its Partners, from the Premises for cash or credit or otherwise, of every kind, name, and nature, regardless of when or whether collected or not, as if the same had been sold for cash, or the fair and reasonable value thereof, whichever is greater. Only the following shall be excluded or deducted from the computation of Gross Sales:
Gross Sales. The phrase “Gross Sales” shall mean all revenues from sales resulting from all business conducted upon or from the Non-Traditional Sonic, whether evidenced by check, cash, credit, charge account, exchange or otherwise, and shall include (without limitation) the amounts received from the sale of goods, wares and merchandise, including sales of food, beverages and tangible property of every kind and nature, promotional or otherwise (excluding restaurant equipment) and for services performed from or at the Non-Traditional Sonic, whether the Licensee fills the orders from the Non-Traditional Sonic or elsewhere. Each charge or sale upon credit shall constitute a sale for the full price in the month during which the charge or sale occurs, regardless of the time when the Licensee receives payment (in whole or in part) for the charge or sale. The phrase “Gross Sales” shall not include (a) sales of merchandise for which the Licensee makes a cash refund, if previously included in Gross Sales; (b) the price of merchandise returned by customers for exchange, if the Licensee previously included the sales price of the merchandise returned by the customer in Gross Sales and includes the sales price of merchandise delivered to the customer in exchange in Gross Sales; (c) amounts received from the sale of tobacco products; (d) the amount of any sales tax imposed by any governmental authority directly on sales and collected from customers, if the Licensee adds the amount of the tax to the sales price or absorbs the amount of the sales tax in the sales price and the Licensee actually pays the tax to the governmental authority; and (e) amounts not received for menu items because of discounts or coupons, if properly documented. The phrase “Gross Sales” also shall not include any proceeds received by the Licensee pursuant to an assignment made in accordance with the provisions of Section 13.
Gross Sales. As used in this Lease, "Gross Sales" means the aggregate selling price received by Tenant (except as provided herein with respect to promotional and complimentary meals) of all products, merchandise and services ("Products") sold in, upon or from the Premises by Tenant, its subtenants, licensees and concessionaires, personally or from any vending or coin operated or token operated device, whether for check, cash, on credit or otherwise, including other types of "cashless" transactions, excluding only the following:
Gross Sales. For any period controlled by this Agreement, the total of all sales of units of Licensed Product during the period at invoiced prices, not reduced by discounts allowances or other adjustments other than defective returns. For purposes of this definition, a transfer of a completed unit will be deemed a sale hereunder and the invoice price will be the amount actually billed but will be no less than the LICENSEE's wholesale list price for such a unit of the Licensed Products as published and distributed to the trade.
Gross Sales. Gross Sales shall be defined as all revenue derived from the New Franchisee Business, at regular prices before any discounts or other allowance, as well as all income of any and every other kind related to the New Franchisee Business, System, or Proprietary Marks, the fair value of any non-monetary consideration received by Franchisee for any items or sales from the New Franchisee Business, and all proceeds of business interruption insurance policies for the New Franchisee Business. Gross Sales shall not include sales or excise taxes, or other taxes, added to the selling price of any item or service collected from customers and given to state or Federal governments. Any tax rebates received by Franchisee shall be included in Gross Sales, however. Gross Sales also specifically include any charged sales.