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 selling price of all merchandise or services sold, leased, licensed, or delivered in or from the Premises, including orders and sales made using electronic media, by Tenant, its subtenants, licensees, franchisees or concessionaires, whether for cash or on credit (whether collected or not), including the amount received by reason of orders taken on the Premises although filled elsewhere, and whether made by store personnel or vending machines. All sales originating at the Premises shall be considered as made and completed therein, even though bookkeeping and collection of the account may be transferred to another place and even though orders may be filled and deliveries may be made from a place other than the Premises. All deliveries to customers made from the Premises, or prepared at the Premises, shall be considered to be made in and from the Premises even though orders may be taken elsewhere. Any transaction on an installment basis, including, without limitation, any “lay-away” sale or like transaction, or otherwise involving the extension of credit, shall be treated as a sale for the full price at the time of the transaction, irrespective of the time of payment or when title passes. Notwithstanding the foregoing, Gross Sales shall not include, or if included there shall be deducted (but only to the extent they have been included), the following: The selling price of all merchandise returned by customers and accepted for full credit, or the amount of discounts, refunds, and allowances made on such returned merchandise, but the use of any such credit or discounts to purchase other merchandise shall not be excluded, and this exclusion shall not include any amounts paid or payable for trading stamps; Merchandise returned to suppliers or transferred in original packages without any processing or preparation to another store or warehouse owned by or affiliated with Tenant; Sums and credits received in the settlement of claims for loss of or damage to merchandise; To the extent that same are actually paid (but excluding any and all interest and penalties assessed thereon), sales and use taxes, so-called luxury taxes, consumers excise taxes, gross receipts taxes and other similar taxes now or in the future imposed on the sale of merchandise or services, but only if such taxes are added to the selling price, separately stated, collected separately from the selling price of merchandise or services, and collected from customers; and Sales of ...
Gross Sales. The term “
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. 4 1.19 Improvements................................................................................. 5 1.20 Know-How..................................................................................... 5 1.21 Parties...................................................................................... 5 1.22 Patents...................................................................................... 5 1.23
Gross Sales. “Gross Sales” shall mean the aggregate compensation the LICENSEE, or its subsidiaries, or mutually agreed joint ventures, receives for goods sold under the Patent Rights without a reduction for taxes, transportation, returns, depreciation or other expenses.
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. The term "Gross Sales" as used herein shall be construed to include the entire amount of the actual sales price, whether for cash, credit or otherwise, of all sales of merchandise or services and all other receipts whatsoever of all business conducted in or from the leased premises, including mail, telephone. telegraph. closed-circuit television, dial-a-buy, and/or other devices, automated or otherwise, whereby orders are received or filled at the leased premises, and including all deposits not refunded to purchasers, orders taken, although said orders may be filled elsewhere, and including sales by any sublessee, concessionaire, licensee or otherwise in or from the leased premises. A "sale" shall be deemed to have been consummated for purposes of this Lease. and the entire amount of the sales price shall be included in Gross Sales, at such time as (i) the transaction is initially reflected in the books or records of Tenant, or any sublessee, assignee or concessionaire of Tenant, or (ii) Tenant or such other entity receives all or any portion of the sales price, or (iii) the applicable goods or services are delivered to the customer, whichever first occurs, irrespective of whether payment is made in installments, the sale is for cash or credit or otherwise, or all or any portion of the sales price has actually been paid at the time of inclusion in Gross Sales at any other time. No deduction shall be allowed for uncollected or uncollectible credit accounts. Said term shall not include, however, any sums collected by Tenant and paid out by Tenant for any sales or excise tax imposed by constituted governmental authority and which are separately stated and in addition to the purchase price nor include the exchange of merchandise between the stores of Tenant, if any, 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 theretofore been made in or from the leased premises and/or for the purpose depriving Landlord of the benefit of a sale which otherwise would be made in or from the leased premises. nor the term include the amount of returns to shippers or manufacturers, nor proceeds from the sale of trade fixtures. There shall be deductible from Gross Sales the amount of any cash or credit refund made upon any sale in or from Leased premises where the merchandise sold is thereafter returned by the purchaser and accepted by Tenant.
