Common use of Gross Sales Clause in Contracts

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. The term "Gross Sales" as used herein shall be construed to include the entire amount of the actual sales price, whether for cash, credit, trade-ins, cash or otherwise, of all sales and leases of merchandise (including gift or services and merchandise certificates), food, beverages, services, and all other receipts whatsoever of all business conducted at, in or from the Demised Premisesleased premises by Tenant, including or by all concessionaires (as defined in Section 3.02 hereof) or otherwise, including, without limitation, mail mail, catalogue or telephone orders received or filled at the Demised Premisesleased premises, all deposits not refunded to purchasers, and orders taken, although said orders may be filled elsewhere, catalog sales, sales . A "sale" shall be deemed to employees, sales through vending machines or other deviceshave been consummated for the purposes of this Lease, and the entire amount of the 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 price shall be treated as a sale for included in Gross Sales, at such time that (i) the full price transaction is initially reflected in the month during which books or records of Tenant or a concessionaire (if a concessionaire makes the sale), or (ii) Tenant or such sale was made irrespective concessionaire receives all or any portion of the time when Tenant receives payment from its customer. Each lease of sales price, or (iii) the applicable goods or services by Tenant shall be treated as a sale in are delivered to the month during which such lease customer, whichever first occurs, irrespective of whether payment is made in an amount equal installments, the sale is for cash or for credit, or otherwise, or all or any portion of the sales price has actually been paid at the time of inclusion in Gross Sales or at any other time. No deduction shall be allowed for direct or indirect discounts, rebates, or other reductions on sales to employees or others, unless generally offered to the total rent or other consideration payable during the term thereofpublic on a uniform basis. In addition, irrespective of the time when Tenant shall receive payment from its customer. No no deduction shall be allowed for uncollected or uncollectible credit accounts, or for trade-ins or other credits on sales to employees or others. The term "Gross Sales Sales" shall not include, however, any sums collected and paid out by Tenant for any sales or excise tax imposed by and accounted for by Tenant to any duly constituted governmental authority where the amount of such tax is separately charged to the customerauthority, nor shall it include the exchange of merchandise between the stores of Tenant, if any, where such exchanges are 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 at, in or from the Demised Premises leased 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 Premisesleased premises, nor shall the term include the amount of returns to shippers or manufacturers, nor proceeds from the sale of trade fixtures. There shall also be excluded from Gross Sales (i) receipts from public telephones, cigarette vending machines and jukeboxes approved by Landlord, to the extent such receipts are paid to an unaffiliated third party owner of such machines; (ii) gift certificates or like vouchers until such time as the same shall have been redeemed; (iii) tips collected by employees of Tenant; and (iv) the amount of the discount allowed on employee meals, provided the same shall not exceed three percent (3%) of Tenant's Gross Sales during any lease year. There shall be deductible from Gross Sales the amount of any cash or credit refund made upon any sale in or from the leased premises, previously included in "Gross Sales" hereunder, not to exceed the sum so previously included, where the merchandise sold, or some part thereof, sold is thereafter returned by the purchaser and accepted by Tenant, nor sales of Tenant's fixtures. The term "merchandise" as used in this Lease shall include food and beverages if Tenant is permitted to sell such items in Section 7.01 hereof.

Gross Sales. The term "Gross Sales" as used herein shall be construed to include mean the entire amount of the sales priceSubtenant's actual receipts, whether for cash, credit, trade-ins, cash or otherwise, of from all sales and leases of merchandise (including gift and merchandise certificates), food, beverages, servicesmerchandise, and services or sales from mechanical or other receipts whatsoever of all business conducted atvending devices placed or made in, in on or from the Demised Subleased Premises, including without limitationsubject to the adjustments and exclusions described below). Notwithstanding the foregoing, mail Gross Sales shall not include (or telephone orders if included there shall be deducted, but only to the extent previously included) the amount of (i) customer and employee discounts; (ii) bottle refunds, trading stamps and all trade or discount coupons; (iii) returns of overstock, defective or otherwise unsold merchandise for credit to shippers, suppliers, purveyors, distributors or manufacturers; (iv) any cash or credit refunds, uncollectible credit card charges, bank charge backs for counterfeit currency or unnegotiable checks (provided that if such losses are actually collected in a later year, the amount recovered shall be included in Gross Sales for such later year), or any sale made where the merchandise sold or some part thereof is thereafter returned by the purchaser and accepted by Subtenant; (v) automated teller machine proceeds and receipts for the cashing of checks or negotiable instruments; (vi) sale of incidental services (e.g.shipping or delivery charges) provided to customers on a non-profit basis by Subtenant or by unaffiliated licensees or concessionaires of Subtenant but only to the extent that such licensees or concessionaires retain the proceeds of such sale; (vii) sales of equipment, furniture or trade fixtures not in the ordinary course of business; (viii) any interest, delivery or service charges received with respect to sales of merchandise or filled at service; (ix) sales taxes, based upon present or future laws, collected directly from customers by Subtenant, and any other tax, excise or duty which is levied or assessed against Subtenant by any governmental authority based on sales of specific merchandise sold on, or the Demised privilege or license to sell or distribute specific merchandise from the Subleased Premises, deposits whether or not refunded the amount thereof is passed on to purchasersor collected by Subtenant from any purchaser thereof; (x) lottery ticket, orders taken, although said orders may be filled elsewhere, catalog admission ticket and other ticket sales, except to the extent of the amount of commissions received thereon; (xi) receipts from postage machines and public telephones; (xii) direct expenses of credit card and debit card sales paid by Subtenant to employeesthe issuers of such cards; (xiii) sales discounts, sums raised for donations or donations to nonprofit, charitable or religious organizations; (xiv) wholesale and/or bulk sales through vending machines of merchandise or services to other devicesretail stores operated by Subtenant or an affiliate of Subtenant; (xv) transfers by Subtenant from the Subleased Premises to another place of business owned or operated by Subtenant (where such transfers are made solely for the convenient operation of Subtenant's business and not for the purpose of consummating a sale which has theretofore been made in, and sales by any sublessee, concessionaire or licensee or otherwise in said Demised Premises, sales made at, in on or from other premises more particularly described the Subleased Premises or for the purpose of depriving Sublandlord of the benefit of a sale which otherwise would be made in, on or from the Subleased Premises); and (xvi) any sums or credits received in Section 24.1, if any, and insurance proceeds and/or condemnation awards received settlement of claims for loss or damage to merchandise which is not part of sale, profits or businessSubtenant's actual receipts set forth above. Each charge or sale upon installment or credit shall be treated as a sale for the full price in the month during which such charge or sale was shall be made irrespective (and the direct expenses of such credit card sales shall be deducted in such month), regardless 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 Subtenant shall receive payment from its customer(whether full or partial) therefor. No deduction As used in this Paragraph, the term "Subtenant" shall be allowed for uncollected include any subsidiary, subtenant, concessionaire 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 licensee of Subtenant conducting business at 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 Subleased 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 Tenantwith Subtenant's fixturesapproval.

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, trade-ins, cash or otherwise, of all sales and leases of merchandise (including gift or services and merchandise certificates), food, beverages, services, and all other receipts whatsoever of all business conducted at, in or from the Demised Premisesleased premises by Tenant, including or by all concessionaires (as defined in Section 3.2 hereof) or otherwise, including, without limitation, mail mail, catalogue or telephone orders received or filled at the Demised Premisesleased premises, all deposits not refunded to purchasers, and orders taken, although said orders may be filled elsewhere, catalog sales, sales . A "sale" shall be deemed to employees, sales through vending machines or other deviceshave been consummated for the purposes of this Lease, and the entire amount of the 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 price shall be treated as a sale for included in Gross Sales, at such time that (i) the full price transaction is initially reflected in the month during which books or records of Tenant or a concessionaire (if a concessionaire makes the sale), or (ii) Tenant or such sale was made irrespective concessionaire receives all or any portion of the time when Tenant receives payment from its customer. Each lease of sales price, or (iii) the applicable goods or services by Tenant shall be treated as a sale in are delivered to the month during which such lease customer, whichever first occurs, irrespective of whether payment is made in an amount equal installments, the sale is for cash or for credit, or otherwise, or all or any portion of the sales price has actually been paid at the time of inclusion in Gross Sales or at any other time. No deduction shall be allowed for direct or indirect discounts, rebates, or other reductions on sales to employees or others, unless generally offered to the total rent or other consideration payable during the term thereofpublic on a uniform basis. In addition, irrespective of the time when Tenant shall receive payment from its customer. No no deduction shall be allowed for uncollected or uncollectible credit accounts, or for trade-ins or other credits on sales to employees or others. The term "Gross Sales Sales" shall not include, however, any sums collected and paid out by Tenant for any sales or excise tax imposed by and accounted for by Tenant to any duly constituted governmental authority where the amount of such tax is separately charged to the customerauthority, nor shall it include the exchange of merchandise between the stores of Tenant, if any, where such exchanges are 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 at, in or from the Demised Premises leased 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 Premisesleased premises, nor shall 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 the leased premises, previously included in "Gross Sales" hereunder, not to exceed the sum so previously included, where the merchandise sold, or some part thereof, sold is thereafter returned by the purchaser and accepted by Tenant, nor sales of Tenant's fixtures. The term "merchandise" as used in this Lease shall include food and beverages if Tenant is permitted to sell such items in Section 7.1 hereof.

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, trade-ins, cash or otherwise, of all sales and leases of merchandise (including gift or services and merchandise certificates), food, beverages, services, and all other receipts whatsoever of all business conducted at, in or from the Demised Premisesleased premises by Tenant, including or by all concessionaires (as defined in Section 3.02 hereof) or otherwise, including, without limitation, mail mail, catalogue or telephone orders received or filled at the Demised Premisesleased premises, all deposits not refunded to purchasers, and orders taken, although said orders may be filled elsewhere, catalog sales, sales . A "sale" shall be deemed to employees, sales through vending machines or other deviceshave been consummated for the purposes of this Lease, and the entire amount of the 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 price shall be treated as a sale for included in Gross Sales, at such time that (i) the full price transaction is initially reflected in the month during which books or records of Tenant or a concessionaire (if a concessionaire makes the sale), or (ii) Tenant or such sale was made irrespective concessionaire receives all or any portion of the time when Tenant receives payment from its customer. Each lease of sales price, or (iii) the applicable goods or services by Tenant shall be treated as a sale in are delivered to the month during which such lease customer, whichever first occurs, irrespective of whether payment is made in an amount equal installments, the sale is for cash or for credit, or otherwise, or all or any portion of the sales price has actually been paid at the time of inclusion in Gross Sales or at any other time. No deduction shall be allowed for direct or indirect discounts, rebates, or other reductions on sales to employees or others, unless generally offered to the total rent or other consideration payable during the term thereofpublic on a uniform basis. In addition, irrespective of the time when Tenant shall receive payment from its customer. No no deduction shall be allowed for uncollected or uncollectible credit accounts, or for trade-ins or other credits on sales to employees or others. The term "Gross Sales Sales" shall not include, however, any sums collected and paid out by Tenant for any sales or excise tax imposed by and accounted for by Tenant to any duly constituted governmental authority where the amount of such tax is separately charged to the customerauthority, nor shall it include the exchange of merchandise between the stores of Tenant, if any, where such exchanges are 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 at, in or from the Demised Premises leased 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 Premisesleased premises, nor shall 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 the leased premises, previously included in "Gross Sales" hereunder, not to exceed the sum so previously included, where the merchandise sold, or some part thereof, sold is thereafter returned by the purchaser and accepted by Tenant, nor sales of Tenant's fixtures. The term "merchandise" as used in this Lease shall include food and beverages if Tenant is permitted to sell such items in Section 7.01 hereof.