Common use of Gross Sales Clause in Contracts

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. For the purposes of this Franchise, the term “The phrase "Gross Sales” " shall mean all revenues from sales of the Franchisee based upon resulting from all business conducted upon or from the Sonic Restaurant, whether such sales be evidenced by check, cash, credit, charge account, exchange, exchange or otherwise, and shall include, but not be limited to, include (without limitation) the amounts received from the sale of goods, wares, wares and merchandise, including sales of food, beverages, beverages and tangible property of every kind and nature, promotional or otherwise, otherwise (excluding restaurant equipment) and for services performed from or at the Restaurant, together with the amount of all orders taken or received at the Sonic Restaurant, whether such Licensee fills the orders be filled from the Sonic Restaurant 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 Licensee receives payment (in whole or in part) for the charge or sale. The phrase "Gross Sales Sales" shall not include (a) sales of merchandise for which Licensee makes a cash has been refundedrefund, provided that such sales shall have if previously been included in Gross Sales. There shall be deducted from Gross Sales ; (b) the price of merchandise returned by customers for exchange, provided that such returned merchandise shall have been if Licensee previously included the sales price of the merchandise returned by the customer in Gross Sales, Sales and provided that includes the sales price of merchandise delivered to the customer in exchange shall be included in Gross Sales. Gross Sales shall not include ; (c) amounts received from the sale of tobacco products; (d) 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 if Licensee adds the amount thereof is added of the tax to the selling sales price or absorbed therein absorbs the amount of the sales tax in the sales price and Licensee actually paid by pays the Franchisee tax to such the governmental authority; and (e) amounts not received for menu items because of discounts or coupons, if properly documented. Each charge or sale upon credit The phrase "Gross Sales" also shall be treated as a sale for not include any proceeds received by Licensee pursuant to an assignment made in accordance with the full price in the month during which such charge or sale shall be made, irrespective provisions of the time when the Franchisee shall receive payment (whether full or partial) thereforSection 13.

Gross Sales. For the purposes of this Franchise, the term The phrase “Gross Sales” shall mean all revenues from sales of the Franchisee based upon resulting from all business conducted upon or from the RestaurantNon-Traditional Sonic, whether such sales be evidenced by check, cash, credit, charge account, exchange, exchange or otherwise, and shall include, but not be limited to, include (without limitation) the amounts received from the sale of goods, wares, wares and merchandise, including sales of food, beverages, beverages and tangible property of every kind and nature, promotional or otherwise, otherwise (excluding restaurant equipment) and for services performed from or at the Restaurant, together with the amount of all orders taken or received at the RestaurantNon-Traditional Sonic, whether such the Licensee fills the orders be filled from the Restaurant 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 Sales” shall not include (a) sales of merchandise for which the Licensee makes a cash has been refundedrefund, provided that such sales shall have if previously been included in Gross Sales. There shall be deducted from Gross Sales ; (b) the price of merchandise returned by customers for exchange, provided that such returned merchandise shall have been if the Licensee previously included the sales price of the merchandise returned by the customer in Gross Sales, Sales and provided that includes the sales price of merchandise delivered to the customer in exchange shall be included in Gross Sales. Gross Sales shall not include ; (c) amounts received from the sale of tobacco products; (d) 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 if the Licensee adds the amount thereof is added of the tax to the selling sales price or absorbed therein absorbs the amount of the sales tax in the sales price and the Licensee actually paid 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 Franchisee Licensee pursuant to such governmental authority. Each charge or sale upon credit shall be treated as a sale for an assignment made in accordance with the full price in the month during which such charge or sale shall be made, irrespective provisions of the time when the Franchisee shall receive payment (whether full or partial) thereforSection 13.

Gross Sales. For the purposes of this Franchise, the term The phrase “Gross Sales” shall mean all revenues from sales of the Franchisee based upon all business conducted upon or from the Sonic Restaurant, whether such sales be evidenced by check, cash, credit, charge account, debit card, stored-value card, exchange, or otherwise, and shall include, but not be limited to, 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 otherwiseotherwise (excluding restaurant equipment), and for services performed from or at the Restaurant, together with the amount of all orders taken or received at the Sonic Restaurant, whether such the Licensee fills the orders be filled from the Sonic Restaurant or elsewhere. Each charge or sale via credit, debit card, stored-value card, or other payment means 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 Sales” shall not include (a) sales of merchandise for which the Licensee makes a cash has been refundedrefund, provided that such sales shall have if previously been included in Gross Sales. There shall be deducted from Gross Sales ; (b) the price of merchandise returned by customers for exchange, provided that such returned merchandise shall have been if the Licensee previously included the sales price of the merchandise returned by the customer in Gross Sales, Sales and provided that includes the sales price of merchandise delivered to the customer in exchange shall be included in Gross Sales. Gross Sales shall not include ; (c) 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 if the Licensee adds the amount thereof is added of the tax to the selling sales price or absorbed therein absorbs the amount of the sales tax in the sales price and the Licensee actually paid pays the tax to the governmental authority; (d) amounts not received for menu items because of discounts or coupons, if properly documented; and (e) amounts received from the sale of Sonic-approved stored-value cards. The phrase “Gross Sales” also shall not include any proceeds received by the Franchisee Licensee pursuant to such governmental authorityan assignment made in accordance with the provisions of Section 13. 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. For the purposes of this Franchise, the term “The phrase "Gross Sales” " shall mean all revenues from sales of the Franchisee based upon resulting from all business conducted upon or from the Sonic Restaurant, whether such sales be evidenced by check, cash, credit, charge account, exchange, exchange or otherwise, and shall include, but not be limited to, include (without limitation) the amounts received from the sale of goods, wares, wares and merchandise, including sales of food, beverages, beverages and tangible property of every kind and nature, promotional or otherwise, otherwise (excluding restaurant equipment) and for services performed from or at the Restaurant, together with the amount of all orders taken or received at the Sonic Restaurant, whether such the Licensee fills the orders be filled from the Sonic Restaurant 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 Sales" shall not include (a) sales of merchandise for which the Licensee makes a cash has been refundedrefund, provided that such sales shall have if previously been included in Gross Sales. There shall be deducted from Gross Sales ; (b) the price of merchandise returned by customers for exchange, provided that such returned merchandise shall have been if the Licensee previously included the sales price of the merchandise returned by the customer in Gross Sales, Sales and provided that includes the sales price of merchandise delivered to the customer in exchange shall be included in Gross Sales. Gross Sales shall not include ; (c) amounts received from the sale of tobacco products; (d) 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 if the Licensee adds the amount thereof is added of the tax to the selling sales price or absorbed therein absorbs the amount of the sales tax in the sales price and the Licensee actually paid 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 Franchisee Licensee pursuant to such governmental authority. Each charge or sale upon credit shall be treated as a sale for an assignment made in accordance with the full price in the month during which such charge or sale shall be made, irrespective provisions of the time when the Franchisee shall receive payment (whether full or partial) thereforSection 13.

Gross Sales. For 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 Franchise, Lease. and 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 entire 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. , 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 any sales tax imposed by any federalreturns to shippers or manufacturers, state, municipal, or other governmental authority directly on sales and collected nor proceeds from customers, provided that the sale of trade fixtures. There shall be deductible from Gross Sales the amount thereof of any cash or credit refund made upon any sale in or from Leased premises where the merchandise sold is added to the selling price or absorbed therein and actually paid thereafter returned 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) thereforpurchaser and accepted by Tenant.

Gross Sales. For the purposes of this Franchise, the The term “"Gross Sales” shall mean all revenues from sales of " is defined as 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 entire gross receipts of every kind and nature, promotional or otherwise, nature from sales 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 made from the Restaurant Premises during the Lease Term, including gross receipts from all vending or elsewhereamusement machines. 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, municipalAny transaction on an installment basis, or other governmental authority directly on sales and collected from customersotherwise involving the extension of credit, 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 at the month during which such charge time that the goods are delivered to a customer (or sale shall be madethe services are performed for a customer), irrespective of the time of payment or when title passes. Gross Sales shall not include any of the Franchisee following: (i) credits or refunds to customers for food, beverage or merchandise returned or exchanged; (ii) transfers of food, beverage (including beer) or merchandise from the Premises to other stores or warehouses of Tenant or its affiliated companies; (iii) any sales tax or other tax imposed under any laws, ordinances, orders or regulations, whether now or hereafter in force, upon or based upon the gross receipts of Tenant or the sale or sales price of food, beverage or merchandise and which must be paid by Tenant, whether or not collected by Tenant from its customers; (iv) returns of food, beverage or merchandise to shippers or manufacturers; and (v) the net amount of discounts allowed to any customer pursuant to any customary and reasonable policy adopted by Tenant. Notwithstanding the above, the value of any food, beverage or merchandise returned to the Premises that was purchased from a catalog or through the Internet shall receive not be deducted from Gross Sales in regards to the reporting of Gross Sales and the payment (whether full or partial) thereforof Percentage Rent.