Common use of Gross Sales Clause in Contracts

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 Gross Sales in any event whatsoever. Cash or credit refunds made upon transactions included within the Gross Sales, but not exceeding the selling price of merchandise returned by the purchaser and accepted by Tenant, shall be deducted from the Gross Sales for the period when such refunds are made. Each charge or sale upon installment or credit or layaway, so called, 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 Tenant shall receive payment from its customer. Each lease or rental or license of merchandise to customers shall be treated as a sale in the month in which the lease, rental or license is made for a price equal to the total rent or license fee payable. For purposes of this paragraph the word "Tenant" shall include any of Tenant's subtenants, concessionaires and licensees.

Gross Sales. The dollar aggregate of: term “Gross Sales” includes all moneys or things of value received or receivable, including lease or rental revenue (a) the actual sales price of all goods and without deductions for uncollectibles), by Tenant, its sublessees, licensees or concessionaires or others, for merchandise soldsold or services performed or equipment, merchandise or other inventory items leased or licensed and the charges for all services performed by Tenant rented or otherwise in connection with all business conducted at (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 Retail Premises, whether made for cash, by check, credit or otherwise, without reserve or deduction for inability or failure to collect the same, Demised Premises (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 in person 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 telegraph, and services performed by Tenant away from the Retail 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 (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 customerspurchasers. The term “Gross Sales Sales” shall not include (xi) governmental excise or sales taxes added to the exchange 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 between stores of Tenant where such exchange is made solely for the convenient operation to another of Tenant's business and neither for the purpose of depriving Landlord of the benefits of a sale which would otherwise be ’s stores 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 ’s business 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 Gross Sales in any event whatsoever. Cash or credit refunds made upon transactions included within the Gross Sales, but not exceeding the selling price of merchandise returned by the purchaser and accepted by Tenant, shall be deducted from the Gross Sales for the period when such refunds are made. Each charge or sale upon installment or credit or layaway, so called, shall be treated as a sale for the full price in the month during which such charge or sale shall be made, irrespective purpose of the time when Tenant shall receive payment from its customer. Each lease or rental or license avoiding consummation of merchandise to customers shall be treated as a sale in the month Demised Premises, or (iv) returns to shippers or manufacturers, or (v) sales of Tenant’s “Removable Trade Fixtures” (as defined in which the leaseLease) 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, rental capital stock tax, income tax or license similar or dissimilar tax based upon Tenant’s income, capital structure, or profits. All Gross Sales will be recorded so that each transaction is made 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 price equal period of three (3) years after preparation, and will be open to inspection by Landlord (or its representative) at all reasonable times. Tenant shall also furnish Landlord copies of any financial statements of Tenant or sales tax reports that are prepared during the total rent or license fee payable. For purposes Term of this paragraph the word "Tenant" shall include any of Tenant's subtenants, concessionaires and licenseesLease.

Gross Sales. The dollar term "gross sales" as used in this Lease shall be deemed to mean the aggregate of: (a) the actual sales price gross amount of all goods sales of merchandise made and merchandise sold, leased or licensed and the all charges for all services performed by Tenant or otherwise any persons, firms or corporations on its behalf, or any tenants or concessionaires of Tenant, from, in connection with all business conducted at or from upon the Retail Premises, whether made including orders taken upon the Premises for cash, by check, credit or otherwise, without reserve or deduction for inability or failure to collect delivery from sources other than 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 whether wholesale or other vending devicesretail, and (b) all monies whether cash or credit, less refunds for merchandise returned for which cash has been refunded or credit given. Gross sales shall also include the value of any consideration other things of value than money, as well as money, received by Tenant from its operations at or by subtenants, concessionaires or other persons firms or corporations under subleases or arrangements of any nature for the Retail Premises (which are not excluded from Gross Sales by right to occupy or to transact business upon the next succeeding sentence) including all finance chargesPremises. The amount of any sales and excise taxes whatsoever, cost of gift and however imposed, computed or merchandise certificates and all deposits not refunded paid for sales from, in, or upon the Premises, shall, to customersthe extent included in sales, be deducted when determining gross sales. Gross Sales shall not include the following: (xa) the amount of cash refunds made to Tenant's customers for the return of merchandise purchased at the Premises; (b) sum or credits received in settlement of claims for loss or damage to merchandise; (c) the exchange of merchandise between the stores of Tenant and its affiliates and licensees where such exchange is made solely for the convenient operation of Tenant's business and neither not for the purpose of depriving Landlord of the benefits benefit of a sale which would otherwise be made at at, in, from or from upon the Retail Premises nor for Premises; (d) the purpose amount of consummating a merchandise returned by Tenant to shippers or manufacturers; (e) the sale which has been theretofore made at of fixtures, machinery or from the Retail Premises, (y) sales of trade fixtures equipment which are not part of Tenant's stock in trade trade; (f) interest, service or sales carrying charges paid by customers to Tenant for the extension of credit on sales; (g) delivery charges, provided same are separately stated and not sold no profit is made thereon; (h) gift certificates until such time as the same shall be converted into a sale by redemption or deemed abandoned; (i) catalog orders accepted in the regular course Premises so long as same are accepted via a separate mail order catalog sales desk and/or direct telephone and processed directly by Tenant's mail order catalog processing center, provided such sales do not exceed one-half of one percent (1/2%) of Tenant's business, or Gross Sales; (zj) the amount of any citysales to Tenant's employees employed at the Premises, 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 Gross Sales in any event whatsoever. Cash or credit refunds made upon transactions included within the Gross Sales, but provided such amount does not exceeding the selling price of merchandise returned by the purchaser and accepted by Tenant, shall be deducted from the Gross Sales for the period when such refunds are made. Each charge or sale upon installment or credit or layaway, so called, 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 Tenant shall receive payment from its customer. Each lease or rental or license of merchandise to customers shall be treated as a sale in the month in which the lease, rental or license is made for a price equal to the total rent or license fee payable. For purposes of this paragraph the word "Tenant" shall include any exceed one percent (1%) of Tenant's subtenants, concessionaires and licenseesGross Sales.

Gross Sales. The dollar aggregate of: term “Gross Sales” includes all moneys or things of value received or receivable, including lease or rental revenue (a) the actual sales price of all goods and without deductions for uncollectibles), by Tenant, its sublessees, licensees or concessionaires or others, for merchandise soldsold or services performed or equipment, merchandise or other inventory items leased or licensed and the charges for all services performed by Tenant rented or otherwise in connection with all business conducted at (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 Retail Premises, whether made for cash, by check, credit or otherwise, without reserve or deduction for inability or failure to collect the same, Premises (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 in person 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 telegraph, and services performed by Tenant away from the Retail Premises), including transactions in which delivery is made to the customer at the Premises but the order is taken elsewhere, transactions in which the order is taken at the Premises but delivery is made elsewhere, receipts from mechanical and other vending machines, 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 customerspurchasers. The term “Gross Sales Sales” shall not include (xi) governmental excise or sales taxes added to the exchange 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 between stores of Tenant where such exchange is made solely for the convenient operation to another of Tenant's business and neither for the purpose of depriving Landlord of the benefits of a sale which would otherwise be ’s stores 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 ’s business 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 Gross Sales in any event whatsoever. Cash or credit refunds made upon transactions included within the Gross Sales, but not exceeding the selling price of merchandise returned by the purchaser and accepted by Tenant, shall be deducted from the Gross Sales for the period when such refunds are made. Each charge or sale upon installment or credit or layaway, so called, shall be treated as a sale for the full price in the month during which such charge or sale shall be made, irrespective purpose of the time when Tenant shall receive payment from its customer. Each lease or rental or license avoiding consummation of merchandise to customers shall be treated as a sale in the month Premises, or (iv) returns to shippers or manufacturers, or (v) sales of Tenant’s “Removable Trade Fixtures” (as defined in which the leaseLease) after use by Tenant in the Premises. Under no circumstances shall there be any deduction from Gross Sales by reason of Tenant’s being liable to pay any franchise tax, rental capital stock tax, income tax or license similar or dissimilar tax based upon Tenant’s income, capital structure, or profits. All Gross Sales will be recorded so that each transaction is made 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 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 Premises will be retained by Tenant for a price equal period of three (3) years after preparation, and will be open to inspection by Landlord (or its representative) at all reasonable times. Tenant shall also furnish Landlord copies of any financial statements of Tenant or sales tax reports that are prepared during the total rent or license fee payable. For purposes Term of this paragraph the word "Tenant" shall include any of Tenant's subtenants, concessionaires and licenseesLease.