Permissible Deductions Sample Clauses
Permissible Deductions. For the purposes of calculating Net Smelter Returns, “Permissible Deductions” shall mean the following, but only if and to the extent paid or incurred by the Return Entities:
Permissible Deductions. The following items may be deducted from Gross Receipts, but only to the extent that they have been included in Gross Receipts:
i. the amount of any city, county, state, or federal sales, use or excise taxes on sales rendered from the Facilities where such taxes are added to the selling price, are stated separately, and are paid by Caterer directly to the taxing authority.
ii. the net amount of cash refunds made by Caterer of funds previously paid to Caterer and reported in gross sales on account of either; (a) cancellation of a rental reservation, or (b) the food or merchandise, or part of it, returned by the purchaser to, and accepted by, Caterer (but not exceeding in any instance the amount of the selling price of the item in question)
iii. the sums and credits received in the settlement of claims for loss or damage to food and merchandise.
iv. the liquor sales made by caterers that do not possess a liquor license.
v. fees shall be waived for District events catered by Caterer.
vi. no exclusion or deduction shall be allowed for uncollectible accounts-receivable or other extensions of credit.
Permissible Deductions. For the purposes of calculating Net Smelter Returns, “Permissible Deductions” shall mean the following Deductions (without duplication), but only if and to the extent actually incurred and paid by the Royalty Entities in respect of the Monthly Production:
(i) in the case of gold shipped from the Property in the form of doré:
(A) charges levied by a sales agent of doré;
(B) charges and costs, if any, for transportation and insurance of doré from the Royalty Entities’ final mill or other final processing plant to places where such doré is refined (including loading, freight, insurance, security, surveyor fees, handling fees, port fees, demurrage, and forwarding expenses incurred by reason of or in the course of transportation); and
(C) charges imposed by the refiner for refining doré into Refined Gold; and, for greater certainty, no Deductions of the type referred to in (A), (B) or (C) in this clause (i) or in clause 3(b)(ii) below shall be applicable in the case of gold which are shipped from the Property other than in the form of doré;
(ii) in the case of cash payments pursuant to Section 2(b), charges levied by a sales agent, or actual selling, marketing and brokerage costs of Refined Gold, or other Minerals, as applicable, provided that if Minerals are processed on or off the Property in facilities owned or controlled, in whole or in part, by a Royalty Entity, Permissible Deductions will not include any Deductions that are in excess of those that would have been incurred and have been deductible under this Agreement had such processing been carried out at facilities not owned or controlled by a Royalty Entity then offering comparable services for comparable products on prevailing terms.
Permissible Deductions. At the option of the Company, all or part of the amount to be re-paid to the Company may be deducted from any amounts owed by the Company or any of its subsidiaries to you, including without limitation, any amounts owed as wages, salary, bonuses, equity or other incentive compensation or awards, expense reimbursements, and any other remuneration due for or on account of your employment with the Company or any subsidiary, provided, however, that no such deduction shall be made to the extent that it would result in a tax being owed pursuant to Section 409A of the Code.
