Gross Sales. Notwithstanding anything in the Lease to the contrary the definition of Gross Sales shall be as follows:
Gross Sales. For the purposes of this Franchise, the term “Gross Sales” shall mean all revenues from sales of the Franchisee based upon all business conducted upon or from the Restaurant, whether such sales be evidenced by check, cash, credit, charge account, exchange, or otherwise, and shall include, but not be limited to, 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, and for services performed from or at the Restaurant, together with the amount of all orders taken or received at the Restaurant, whether such orders be filled from the Restaurant or elsewhere. Gross Sales shall not include sales of merchandise for which cash has been refunded, provided that such sales shall have previously been included in Gross Sales. There shall be deducted from Gross Sales the price of merchandise returned by customers for exchange, provided that such returned merchandise shall have been previously included in Gross Sales, and provided that the sales price of merchandise delivered to the customer in exchange shall be included in Gross Sales. Gross Sales shall not include the amount of any sales tax imposed by any federal, state, municipal, or other governmental authority directly on sales and collected from customers, provided that the amount thereof is added to the selling price or absorbed therein and actually paid by the Franchisee to such governmental authority. Each charge or sale upon credit shall be treated as a sale for the full price in the month during which such charge or sale shall be made, irrespective of the time when the Franchisee shall receive payment (whether full or partial) therefor.
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. 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 include the entire amount of the sales price, whether for cash, credit, trade-ins, or otherwise, of all sales and leases of merchandise (including gift and merchandise certificates), food, beverages, services, and other receipts whatsoever of all business conducted at, in or from the Demised Premises, including without limitation, mail or telephone orders received or filled at the Demised Premises, deposits not refunded to purchasers, orders taken, although said orders may be filled elsewhere, catalog sales, sales to employees, sales through vending machines or other devices, and sales by any sublessee, concessionaire or licensee or otherwise in said Demised Premises, sales made at, in or from other premises more particularly described in Section 24.1, if any, and insurance proceeds and/or condemnation awards received for loss of sale, profits or business. Each sale upon installment or credit shall be treated as a sale for the full price in the month during which such sale was made irrespective of the time when Tenant receives payment from its customer. Each lease of goods or services by Tenant shall be treated as a sale in the month during which such lease is made in an amount equal to the total rent or other consideration payable during the term thereof, irrespective of the time when Tenant shall receive payment from its customer. No deduction shall be allowed for uncollected or uncollectible credit accounts. Gross Sales shall not include, however, any sums collected and paid out for any sales or excise tax imposed by any duly constituted governmental authority where the amount of such tax is separately charged to the customer, nor shall it include the exchange of merchandise between the stores of Tenant, if any, where such exchanges are 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 at, in or from the Demised Premises and/or for the purpose of depriving Landlord of the benefit of a sale which otherwise would be made at, in or from the Demised Premises, nor the amount of returns to shippers or manufacturers, nor the amount of any cash or credit refund made upon any sale where the merchandise sold, or some part thereof, is thereafter returned by purchaser and accepted by Tenant, nor sales of Tenant's fixtures.
Gross Sales. 4 1.19 Improvements................................................................................. 5 1.20 Know-How..................................................................................... 5 1.21 Parties...................................................................................... 5 1.22 Patents...................................................................................... 5 1.23
Gross Sales. The term "
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 dollar aggregate of: (a) the actual sales price of all goods and merchandise sold, leased or licensed and the charges for all services performed by Tenant or otherwise in connection with all business conducted at or from the Retail Premises, whether made for cash, by check, credit or otherwise, without reserve or deduction for inability or failure to collect the same, including, without limitation, sales and services (i) where the orders therefor originate at or are accepted at or from the Retail Premises, whether delivery or performance thereof is made at or from the Retail Premises or any other place, it being understood that all sales made and orders received at or from the Retail Premises shall be deemed to have been made and completed therein even though the orders are fulfilled elsewhere or the payments of account are transferred to some other office for collection, (ii) where the orders therefor result from solicitation off the Retail Premises but which are conducted by personnel operating from or reporting to or under the control or supervision of any employee at the Retail Premises, (iii) pursuant to mail, telegraph, telephone or other similar orders received or billed at or from the Retail Premises, and (iv) by means of mechanical or other vending devices, and (b) all monies or other things of value received by Tenant from its operations at the Retail Premises (which are not excluded from Gross Sales by the next succeeding sentence) including all finance charges, cost of gift or merchandise certificates and all deposits not refunded to customers. Gross Sales shall not include (x) the exchange of merchandise between stores of Tenant where such exchange is made solely for the convenient operation of Tenant's business and neither for the purpose of depriving Landlord of the benefits of a sale which would otherwise be made at or from the Retail Premises nor for the purpose of consummating a sale which has been theretofore made at or from the Retail Premises, (y) sales of trade fixtures which are not part of Tenant's stock in trade and not sold in the regular course of Tenant's business, or (z) the amount of any city, county, state or federal sales tax, luxury tax or excise tax on sales if the tax is added to the selling price and separately stated and actually paid to the taxing authority by Tenant; provided, however, no franchise or capital stock tax and no income or similar tax based upon income, profits or Gross Sales shall be deducted from Gr...
