Common use of Gross Revenues Clause in Contracts

Gross Revenues. The definition of “Gross Non-Fuel Revenues” shall be replaced with “Gross Revenues” and its definition shall be as follows: with respect to any Property, for each Fiscal Year during the Term, all revenues and receipts (determined on an accrual basis and in all material respects in accordance with GAAP) of every kind derived from renting, using and/or operating such Property and parts thereof, including, but not limited to: all rents and revenues received or receivable for the use of or otherwise by reason of all goods sold, services performed, space or facilities subleased on such Property, or any portion thereof, including, without limitation, any other arrangements with third parties relating to the possession or use of any portion of such Property; and proceeds, if any, from business interruption or other loss of income insurance; provided, however, that Gross Revenues shall not include the following: allowances according to GAAP for uncollectible accounts, including credit card accounts and other administrative discounts; federal, state or municipal excise, sales, use, occupancy or similar taxes included as part of the sales price of any goods or services; insurance proceeds (other than proceeds from business interruption or other loss of income insurance); Award proceeds (other than for a temporary Condemnation); any proceeds from any sale of such Property or from the refinancing of any debt encumbering such Property; proceeds from the disposition of furnishings, fixture and equipment no longer necessary for the operation of the Travel Center located thereon; any security deposits and other advance deposits, until and unless the same are forfeited to Tenant or applied for the purpose for which they were collected; interest income from any bank account or investment of Tenant; any revenues or receipts of every kind derived from the provision, sale or trade of motor fuel and gasoline at such Property (including, without limitation, any amounts that arise out of the Shell Agreement); any revenues or receipts derived from gaming operations (but Gross Revenues shall include any revenue or receipts derived from sales of lottery tickets without adjustment for payouts); or any amount based on the income or profits of any Person if as a consequence thereof the Rent or other amounts payable by Tenant hereunder would fail to qualify, in whole or in part, as “rents from real property” within the meaning of Section 856(d) of the Code.

Gross Revenues. The definition For purposes of “Gross Non-Fuel Revenues” shall be replaced with this Lease, “Gross Revenues” means the aggregate amount received by TESC, its Affiliates or Sub-Distributors from Subscribers in connection with PPV Purchases, Subscription Purchases, VOD Purchases, SVOD Selections and its definition shall be Package Purchases of programming on all of the Services, including any amounts received as follows: with respect to any Property, payment for each Fiscal Year during the Term, all revenues and receipts (determined on an accrual basis and in all material respects in accordance with GAAP) partial months of every kind derived from renting, using and/or operating such Property and parts thereof, includingSubscription Purchases, but shall not limited to: all rents and revenues received or receivable for the use of or otherwise by reason of all goods soldinclude any amounts collected in connection with taxes, services performed, space or facilities subleased on such Propertyassessments, or other fees imposed by any portion thereofgovernmental or quasi-governmental authority. Additionally, includingand without limiting the generality of the foregoing, without limitation, any other arrangements with third the parties relating to the possession or use of any portion of such Property; and proceeds, if any, from business interruption or other loss of income insurance; provided, however, agree that Gross Revenues shall not include *****. The parties agree that TESC may, in its sole discretion, credit the followingaccount of any Subscriber in connection with a cancellation, postponement or delay by the Subscriber, a technical difficulty which impedes or impairs the Subscriber’s reception, or any other problem which adversely affects the quality of the Subscriber’s receipt of a Service (each a “Refund”) and that the amount of any such Refund shall be deducted from Gross Revenues for purposes of calculating Gross Revenues. TESC may in its reasonable discretion reduce Gross Revenues to adjust for ***** from Subscribers, which adjustment may be made in accordance with TESC’s standard accounting practices for recognition of such ***** (i.e. as a percentage of revenue across all pay per view orders and not limited to the Services), but in no event shall such adjustment for ***** exceed *****. TESC will provide Playboy details of such ***** calculation in the reports described in Section 7(a). Under no circumstances will any revenues attributable to the following be regarded as Gross Revenues: allowances according (i) revenues from TESC’s and/or any of its Affiliates’ test sites; provided, that each such test is available for viewing only by requesting age-verified adults and does not violate any and complies with all Laws; and (ii) *****; and (iii) equipment fees or charges, monthly fees or related amounts paid by Subscribers that are not directly attributable to GAAP the viewing of a specific Service (except that monthly subscription fees payable for uncollectible accounts, including credit card accounts and other administrative discounts; federal, state or municipal excise, sales, use, occupancy or similar taxes viewing an Adult Package shall be included as part set forth in this Lease). TESC agrees that it shall, during the Term, provide to one location of Playboy’s choosing a free feed of the sales price of any goods or services; insurance proceeds (Services and the other than proceeds from business interruption or other loss of income insurance); Award proceeds (other than for a temporary Condemnation); any proceeds from any sale of such Property or from the refinancing of any debt encumbering such Property; proceeds from the disposition of furnishings, fixture and equipment no longer necessary for the operation of the Travel Center located thereon; any security deposits and other advance deposits, until and unless the same are forfeited to Tenant or applied for the purpose for which they were collected; interest income from any bank account or investment of Tenant; any revenues or receipts of every kind derived from the provision, sale or trade of motor fuel and gasoline at such Property (including, without limitation, any amounts that arise out of the Shell Agreement); any revenues or receipts derived from gaming operations (but Gross Revenues shall include any revenue or receipts derived from sales of lottery tickets without adjustment for payouts); or any amount based on the income or profits of any Person if as a consequence thereof the Rent or other amounts payable Adult programming services transmitted by Tenant hereunder would fail to qualify, in whole or in part, as “rents from real property” within the meaning of Section 856(d) of the CodeTESC.

Gross Revenues. The definition of “Gross Non-Fuel Revenues” shall be replaced with term “Gross Revenues” and its definition shall be as follows: with respect to any Propertymean, for each Fiscal Year during the Termany applicable period, all revenues and receipts (determined on an accrual basis and in all material respects in accordance with GAAP) of every kind derived from renting, using and/or operating such Property the Facility and all departments and parts thereof, determined in accordance with GAAP for each Accounting Period including, but not limited to: all rents income (from both cash and revenues received or receivable for the use of or otherwise by reason of all goods soldcredit transactions, services performed, space or facilities subleased on such Property, or any portion thereof, including, without limitation, any other arrangements with third parties relating to the possession or use net of any portion fee therefore) from community fees, monthly occupancy fees, health care fees and any and all other fees and payments whatsoever received from Residents of such Propertythe Facility; income from telephone charges, income from food and beverage and catering sales; income from vending machines; vendor rebates; and proceeds, if any, from business interruption or other loss of income insuranceinsurance (to the extent such insurance either reimburses on the basis of gross revenues or otherwise covers all expenses including Manager’s fees), all determined in accordance with GAAP; provided, however, that Gross Revenues shall not include (i) gratuities to employees at the following: allowances according to GAAP for uncollectible accounts, including credit card accounts and other administrative discountsFacility; (ii) federal, state or municipal excise, sales, use, occupancy sales or use taxes or similar taxes imposed at the point of sale and collected directly from Residents or guests of the Facility or included as part of the sales price of any goods or services; insurance proceeds (other than iii) proceeds from business interruption the sale of FF&E and any other capital asset; (iv) interest received or other accrued with respect to the monies in any operating or reserve accounts of the Facility; (v) proceeds of any financing or refinancing of the Facility or any portion thereof; (vi) proceeds of any insurance policy (except loss of income insurance)insurance as provided above) or condemnation or other taking; Award proceeds (other than for vii) any cash refunds, rebates or discounts to Residents of the Facility, cash discounts and credits of a temporary Condemnation)similar nature, given, paid or returned in the course of obtaining Gross Revenues or components thereof; any (viii) proceeds from any sale of such Property the Facility or from the refinancing of any debt encumbering such Propertyother capital transaction; proceeds from the disposition of furnishings, fixture and equipment no longer necessary for the operation of the Travel Center located thereon; any (ix) Resident funds on deposit or security deposits and other advance deposits, until and unless such time as the same are forfeited applied to Tenant or applied current fees due for services rendered for the purpose Facility; (x) awards of damages, settlement proceeds and other payments received by Tenant in respect of any litigation other than litigation to collect fees due for which they were collected; interest income from any bank account or investment of Tenant; any revenues or receipts of every kind derived services rendered from the provision, sale Facility; (xi) payments under any policy of title insurance; and (xii) proceeds of any condemnation. Any community fees or trade of motor fuel and gasoline at such Property (including, without limitation, any amounts deposits that arise out of the Shell Agreement); any revenues or receipts derived from gaming operations (but are refunded to a Resident shall be credited against Gross Revenues shall include any revenue or receipts derived from sales of lottery tickets without adjustment for payouts); or any amount based on during the income or profits of any Person month in which such refunds are made, if as a consequence thereof the Rent or other amounts payable by Tenant hereunder would fail to qualify, previously included in whole or in part, as “rents from real property” within the meaning of Section 856(d) of the CodeGross Revenues.

Gross Revenues. The definition of “Gross Non-Fuel Revenues” shall be replaced with “Gross Revenues” shall mean and its definition shall be as followsrefer to all consideration of any kind – whether cash, credit or in kind – received, derived and/or billed by the Concessionaire for: with respect to any Property, for each Fiscal Year during the Term, (a) all revenues and receipts (determined on an accrual basis and in all material respects in accordance with GAAP) of every kind derived from renting, using and/or operating such Property and parts thereofcharges, including, but not limited to: , time and mileage charges and separately stated fees for rental of vehicles and other related or incidental services or merchandise, and any other items or services, made at or from Concessionaire‟s Rental Car Concession, regardless of where the vehicles or services are delivered to or returned; (b) all rents amounts charged to the customer for insurance offered by Concessionaire incidental to the rental of such vehicles, including but not limited to personal accident insurance; (c) all charges attributable to any vehicle originally rented at Concessionaire‟s Rental Car Concession which is exchanged at any other location; (d) all proceeds from the long-term lease of vehicles from Concessionaire‟s Rental Car Concession; (e) all amounts charged to Concessionaire‟s customers and revenues received which are separately stated on the rental agreement as an optional charge for waiver by Concessionaire of its right to recover from customer for damage to or receivable loss of the vehicle rented; (f) all amounts charged by Concessionaire for items of personal property (including, but not limited to, mobile phones, child seats, ski racks, etc.), (g) all amounts charged to Concessionaire‟s customers at the commencement or the conclusion of the rental transaction for the use cost of furnishing and/ or otherwise replacing fuel provided by reason of Concessionaire; (h) all goods soldmonies, services performed, space or facilities subleased on such Propertyfees, or any portion thereofother consideration received from airlines, including, without limitation, any other arrangements with third parties relating to the possession or use of any portion of such Property; and proceeds, if any, from business interruption travel agents or other loss of income insurance; provided, however, that Gross Revenues shall not include the following: allowances according to GAAP for uncollectible accounts, including credit card accounts and other administrative discounts; federal, state or municipal excise, sales, use, occupancy or similar taxes included consolidators/organizers as part of the sales price any package and/or promotion that features Concessionaire‟s services, fees or rates as part of any goods or services; insurance proceeds (other than proceeds from business interruption or other loss of income insurance); Award proceeds (other than for a temporary Condemnation); any proceeds from any sale of such Property or from the refinancing of any debt encumbering such Property; proceeds from the disposition of furnishings, fixture and equipment no longer necessary for the operation of the Travel Center located thereon; any security deposits and other advance deposits, until and unless the same are forfeited to Tenant or applied for the purpose for which they were collected; interest income from any bank account or investment of Tenant; any revenues or receipts of every kind derived from the provision, sale or trade of motor fuel and gasoline at such Property (including, without limitation, any amounts that arise out of the Shell Agreement); any revenues or receipts derived from gaming operations (but Gross Revenues shall include any revenue or receipts derived from sales of lottery tickets without adjustment for payouts); or any amount based on the income or profits of any Person if as a consequence thereof the Rent or other amounts payable by Tenant hereunder would fail to qualify, in whole or in part, as “rents from real property” within the meaning of Section 856(d) of the Code.package,

Gross Revenues. The definition of “Gross Non-Fuel Revenues” shall be replaced with term “Gross Revenues” and its definition shall be as follows: with respect to any Propertymeans, for each Fiscal Year during the TermAccounting Period, all revenues and receipts (determined on an accrual basis and in all material respects in accordance with GAAP) of every kind derived from renting, using and/or operating such Property the Facility and all departments and parts thereof, includingincluding income (from both cash and credit transactions, but not limited to: all rents and revenues received or receivable for the use of or otherwise by reason of all goods sold, services performed, space or facilities subleased on such Property, or any portion thereof, including, without limitation, any other arrangements with third parties relating to the possession or use net of any portion fees charged therefor) from monthly occupancy fees, health care fees and ancillary services fees received pursuant to various agreements with residents of such Propertythe Facility; income from food and beverage and catering sales; income from telephone charges; income from vending machines; and proceeds, if any, from business interruption or other loss of income insuranceinsurance (to the extent such insurance either reimburses on the basis of gross revenues or otherwise covers all expenses including Manager’s fees), all determined in accordance with GAAP; provided, however, that Gross Revenues shall not include include: (i) gratuities to employees at the following: allowances according to GAAP for uncollectible accountsFacility [FOR CANADIAN FACILITIES, including credit card accounts and other administrative discountsreplace “employees at the Facility” with “Facility Employees”]; (ii) federal, state [provincial] or municipal excise, salesgoods and services, use, occupancy sales or use taxes or similar taxes imposed at the point of sale and collected directly from residents or guests of the Facility or included as part of the sales price of any goods or services; insurance proceeds (other than iii) proceeds from business interruption the sale of FF&E and any other capital asset; (iv) interest received or other loss accrued with respect to the monies in any operating or reserve accounts of income insurance)the Facility; Award proceeds (other than for v) any cash refunds, rebates or discounts to residents of the Facility, or cash discounts and credits of a temporary Condemnation)similar nature, given, paid or returned in the course of obtaining Gross Revenues or components thereof; any (vi) proceeds from any sale of such Property the Facility, or from the refinancing any other Capital Transaction; (vii) proceeds of any debt encumbering financing transaction affecting the Facility; (viii) security or resident fee deposits until such Property; proceeds from the disposition of furnishings, fixture and equipment no longer necessary for the operation of the Travel Center located thereon; any security deposits and other advance deposits, until and unless time as the same are forfeited applied to Tenant or applied current fees and other charges due and payable; (ix) awards of damages, settlement proceeds and other payments received by Owner in respect of any litigation other than litigation to collect fees due for the purpose for which they were collected; interest income from any bank account or investment of Tenant; any revenues or receipts of every kind derived services rendered from the provisionFacility; (x) proceeds of any condemnation; (xi) proceeds of any casualty or other insurance, sale other than loss of income or trade of motor fuel and gasoline at such Property business interruption insurance (including, without limitation, any amounts that arise out of the Shell Agreementwhich is included in Gross Revenues); and (xii) payments under any revenues policy of title insurance. Any Bad Debt, or receipts derived from gaming operations (but any community fees or deposits that are refunded to residents, shall be credited against Gross Revenues shall include any revenue during the Accounting Period in which such Bad Debt is recognized or receipts derived from sales of lottery tickets without adjustment for payouts); or any amount based on the income or profits of any Person if as a consequence thereof the Rent or other amounts payable by Tenant hereunder would fail to qualify, in whole or in partsuch refunds are made, as “rents from real property” within the meaning of Section 856(d) of the Codecase may be, if such amounts were previously included in Gross Revenues. Any Bad Debt which is recognized but is later collected shall be added to Gross Revenues.

Gross Revenues. The definition term "Gross Revenues" shall mean all revenues, receipts and income of “Gross Non-Fuel Revenues” any kind derived directly or indirectly by the Lessee in the form of cash, property or services (i.e., barter, "contra", accounts, and such alternatives to cash payments, which together with property and services, shall be replaced valued at their fair market value) from or in connection with “Gross Revenues” the Hotel or the Tennis Center (including any loss of income insurance proceeds paid to the Lessee or the Lessor in the event of casualty to the Hotel, or as a result of the occurrence of any other event making use of all or a portion of the Hotel impossible or impractical), and its definition shall be as follows: with respect to rentals or other payments under the Amendment and Restatement of Tennis Operating Agreement and/or the Golf Course Use Agreement, and from any Propertycondominium units managed by the Lessee in the Kapalua Resort Area, for each Fiscal Year during the Termand from Concessionaires (but not including their gross receipts), all revenues and receipts (whether on a cash basis or credit, paid or collected, determined on an accrual basis and in all material respects in accordance with GAAP) of every kind derived from renting, using and/or operating such Property generally accepted accounting principles and parts thereof, including, but not limited to: all rents and revenues received or receivable for the use of or otherwise by reason of all goods sold, services performed, space or facilities subleased on such Property, or any portion thereof, including, without limitation, any other arrangements with third parties relating to the possession or use of any portion of such PropertyUniform System; and proceeds, if any, from business interruption or other loss of income insurance; providedexcluding, however: (i) funds furnished by the Owner under the Hotel Operating Agreement, that Gross Revenues shall not include (ii) interest accrued on amounts in the following: allowances according to GAAP for uncollectible accountsreserve under the Hotel Operating Agreement, including credit card accounts and other administrative discounts; (iii) federal, state or and municipal excise, sales, use, occupancy use and room taxes collected directly from patrons and guests or similar taxes included as part of the sales price of any goods foods, services or services; displays, such as gross receipts, admissions, cabaret or similar or equivalent taxes and paid over to federal, state or municipal governments, (iv) gratuities, (v) proceeds of insurance proceeds (other than proceeds from business interruption or other excluding loss of income insurance); Award insurance proceeds which shall be included as a part of Gross Revenues) and condemnation, (other than for a temporary Condemnation); vi) value of free or any proceeds from discounted portion of rooms or services under the Amendment and Restatement of Tennis Operating Agreement and/or the Golf Course Use Agreement or complimentary policies of the Hotel approved by the Lessor, (vii) any sale of such Property or from the refinancing of any debt encumbering such Property; loan proceeds, and (viii) proceeds from the disposition sale of furnishingsthe Hotel or the improvements and furniture, fixture fixtures and equipment no longer necessary for owned by the operation Lessee. When there are Affiliated Concessionaires operating at the Hotel, if the rental rate to any Affiliated Concessionaire is lower than the rental rate which is being charged another third party, non-Affiliated Concessionaires operating a business similar to those of the Travel Center located thereon; any security deposits and other advance depositsAffiliated Concessionaires in a location at the Hotel similar to that of the Affiliated Concessionaire, until and unless the Gross Revenues from such Affiliated Concessionaire shall be deemed to be the same are forfeited to Tenant or applied for as the purpose for which they were collected; interest income from any bank account or investment of Tenant; any revenues or receipts of every kind derived from the provisionrental rate being charged such other Concessionaire, sale or trade of motor fuel and gasoline at such Property (including, without limitation, any amounts that arise out of the Shell Agreement); any revenues or receipts derived from gaming operations (but Gross Revenues shall be computed as so determined. If there is no third party non-Affiliated Concessionaire operating a similar business in a similar location to that of an Affiliated Concessionaire, then for purposes of determining Gross Revenues, the Gross Revenues from such Affiliated Concessionaire shall be determined according to rental rates that would have been charged to a non-Affiliated Concessionaire in an "arm's length" negotiation to acquire the same concession for the same business in the same location as given such Affiliated Concessionaire. Gross Revenues shall be reduced for actual bad debts reasonably determined to be uncollectible by the Lessee, which reduction shall not include payments for any revenue bad debt reserve or receipts derived from sales of lottery tickets without adjustment sinking fund or similar fund or reserve, for payouts); or bad debts. If any amount based on debts previously deducted as uncollectible shall subsequently be collected, such collected amounts shall be included in Gross Revenues in the income or profits of any Person if as a consequence thereof the Rent or other amounts payable by Tenant hereunder would fail to qualify, in whole or in part, as “rents from real property” within the meaning of Section 856(d) of the Codefiscal year collected after deducting reasonable collection expenses actually incurred.

Gross Revenues. The definition of “Gross Non-Fuel Revenues” shall be replaced with (i) As used in this Agreement, subject to Section 3.1(d)(ii), the “Gross Revenues” of the Xxxxxxx/Xxxxx/Xxxxxxx Assets shall mean and include all fees, charges and other revenues, computed without duplication, generated by or otherwise (x) received by or payable to Lessee in connection with or which are the result of the operation of the Xxxxxxx/Xxxxx/Xxxxxxx Assets (and any assets related to the Xxxxxxx/Xxxxx/Xxxxxxx Assets owned by Lessee), as set forth in the FERC Uniform System of Accounts or such other accounts as may be applicable from time to time in which Lessee records its definition revenues from operation of the Xxxxxxx/Xxxxx/Xxxxxxx Assets; (y) received by or payable to Lessee from other opportunities and uses of the Xxxxxxx/Xxxxx/Xxxxxxx Assets pursuant to Section 1.2(b) hereof; or (z) arising from insurance proceeds for business income lost from an insured event related to the Xxxxxxx/Xxxxx/Xxxxxxx Assets; provided that, “Gross Revenues” shall be not include (1) any payment received by Lessee as follows: with respect CIAC; (2) any items which are of a pure pass-through nature where such items are charged to any Property, for each Fiscal Year during the Term, all revenues and receipts (determined on an accrual basis and in all material respects in accordance with GAAP) collected from customers of every kind derived from renting, using and/or operating Lessee but which carry regulatory responsibility to remit such Property and parts thereofcollections without offset or deduction to a third party, including, but not limited to, items such as: all rents (A) sales taxes or other charges collected by Lessee on behalf of a taxing authority; (B) fees, charges and other revenues received collected by Lessee that can be specifically traced to any regulatory approved costs incurred by Lessee that have been ordered or receivable for permitted by the use of PUCT to be recovered through Lessee’s rates such as system benefit fund and transmission cost recovery factor; (C) fees, charges and other revenues collected by Lessee that can be specifically traced to any deferred costs funded by Lessee that have been ordered or otherwise permitted by reason of all goods sold, services performed, space or facilities subleased the PUCT to be recovered through a tariff rider; and (D) such other items that Lessor and Lessee agree to in good faith are consistent with the foregoing and should be included prospectively in the list set forth in this clause (2) and in the event the Lessor and Lessee cannot agree on what items should be included on such Propertylist, then either Lessor or any portion thereofLessee may submit such matter to arbitration pursuant to Section 13.7, includingpursuant to which the Arbitration Panel shall be empowered to determine which such items shall be included on such list, without limitation, any other arrangements with third parties relating to based on submissions by each of the possession or use of any portion of such PropertyLessee and the Lessor; and proceeds, if any, from business interruption or other loss of income insurance; provided, however, that Gross (3) Revenues shall not include the following: allowances according Attributable to GAAP for uncollectible accounts, including credit card accounts and other administrative discounts; federal, state or municipal excise, sales, use, occupancy or similar taxes included as part of the sales price of any goods or services; insurance proceeds (other than proceeds from business interruption or other loss of income insurance); Award proceeds (other than for a temporary Condemnation); any proceeds from any sale of such Property or from the refinancing of any debt encumbering such Property; proceeds from the disposition of furnishings, fixture and equipment no longer necessary for the operation of the Travel Center located thereon; any security deposits and other advance deposits, until and unless the same are forfeited to Tenant or applied for the purpose for which they were collected; interest income from any bank account or investment of Tenant; any revenues or receipts of every kind derived from the provision, sale or trade of motor fuel and gasoline at such Property (including, without limitation, any amounts that arise out of the Shell Agreement); any revenues or receipts derived from gaming operations (but Gross Revenues shall include any revenue or receipts derived from sales of lottery tickets without adjustment for payouts); or any amount based on the income or profits of any Person if as a consequence thereof the Rent or other amounts payable by Tenant hereunder would fail to qualify, in whole or in part, as Lessee CapEx. The term “rents from real property” within the meaning of Section 856(d) of the Code.

Gross Revenues. The definition of “Gross Non-Fuel Revenues” shall be replaced with “term "Gross Revenues” and its definition " shall be as follows: with respect to any Property, for each Fiscal Year during the Term, mean all revenues and receipts (determined on an accrual basis and in all material respects in accordance with GAAP) of every kind derived from renting, using and/or operating such Property the Facility and all departments and parts thereof, determined in accordance with GAAP for each Accounting Period (with the exception of any pass-through fees) including, but not limited to: all rents income (from both cash and revenues received or receivable for the use of or otherwise by reason of all goods soldcredit transactions, services performed, space or facilities subleased on such Property, or any portion thereof, including, without limitation, any other arrangements with third parties relating to the possession or use net of any portion fee therefor) from community fees, monthly occupancy fees, health care fees and any and all other fees and payments whatsoever received from Residents of such Propertythe Facility; income from food and beverage and catering sales; income from vending machines; and proceeds, if any, from business interruption (but only to the extent it reimburses Owner for lost income and not for additional or other expenses) or other loss of income insurance, all determined in accordance with GAAP; provided, however, that Gross Revenues shall not include (i) gratuities to employees at the following: allowances according to GAAP for uncollectible accounts, including credit card accounts and other administrative discountsFacility; (ii) federal, state or municipal excise, sales, use, occupancy sales or use taxes or similar taxes imposed at the point of sale and collected directly from Residents or guests of the Facility or included as part of the sales price of any goods or services; insurance proceeds (other than iii) proceeds from business interruption the sale of FF&E and any other capital asset; (iv) interest received or other accrued with respect to the monies in any operating or reserve accounts of the Facility; (v) proceeds of any financing or refinancing of the Facility or any portion thereof; (vi) proceeds of any insurance policy (except loss of income insurance)insurance as provided above) or condemnation or other taking; Award proceeds (other than for vii) any cash refunds, rebates or discounts to Residents of the Facility, cash discounts and credits of a temporary Condemnation)similar nature, given, paid or returned in the course of obtaining Gross Revenues or components thereof; any (viii) proceeds from any sale of such Property the Facility or from the refinancing of any debt encumbering such Propertyother capital transaction; proceeds from the disposition of furnishings, fixture and equipment no longer necessary for the operation of the Travel Center located thereon; any (ix) Resident funds on deposit or security deposits and other advance deposits, until and unless such time as the same are forfeited applied to Tenant or applied current fees due for services rendered for the purpose Facility; (x) awards of damages, settlement proceeds and other payments received by Owner in respect of any litigation other than litigation to collect fees due for which they were collected; interest income from any bank account or investment of Tenant; any revenues or receipts of every kind derived services rendered from the provision, sale Facility; and (xi) payments under any policy of title insurance. Any community fees or trade of motor fuel and gasoline at such Property (including, without limitation, any amounts deposits that arise out of the Shell Agreement); any revenues or receipts derived from gaming operations (but are refunded to a Resident shall be credited against Gross Revenues shall include any revenue or receipts derived from sales of lottery tickets without adjustment for payouts); or any amount based on during the income or profits of any Person month in which such refunds are made, if as a consequence thereof the Rent or other amounts payable by Tenant hereunder would fail to qualify, previously included in whole or in part, as “rents from real property” within the meaning of Section 856(d) of the CodeGross Revenues.

Gross Revenues. The definition of “Gross Non-Fuel Revenues” shall be replaced with (i) As used in this Agreement, subject to Section 3.1(d)(ii), the “Gross Revenues” of the CREZ Assets shall mean and include all fees, charges and other revenues, computed without duplication, generated by or otherwise (x) received by or payable to Lessee in connection with or which are the result of the operation of the CREZ Assets (and any assets related to the CREZ Assets owned by Lessee), as set forth in the FERC Uniform System of Accounts or such other accounts as may be applicable from time to time in which Lessee records its definition revenues from operation of the CREZ Assets; (y) received by or payable to Lessee from other opportunities and uses of the CREZ Assets pursuant to Section 1.2(b) hereof; or (z) arising from insurance proceeds for business income lost from an insured event related to the CREZ Assets; provided that “Gross Revenues” shall be not include (1) any payment received by Lessee as follows: with respect CIAC; (2) any items which are of a pure pass-through nature where such items are charged to any Property, for each Fiscal Year during the Term, all revenues and receipts (determined on an accrual basis and in all material respects in accordance with GAAP) collected from customers of every kind derived from renting, using and/or operating Lessee but which carry regulatory responsibility to remit such Property and parts thereofcollections without offset or deduction to a third party, including, but not limited to, items such as: all rents (A) sales taxes or other charges collected by Lessee on behalf of a taxing authority; (B) fees, charges and other revenues received collected by Lessee that can be specifically traced to any regulatory approved costs incurred by Lessee that have been ordered or receivable for permitted by the use of PUCT to be recovered through Lessee’s rates such as system benefit funds; (C) fees, charges and other revenues collected by Lessee that can be specifically traced to any deferred costs funded by Lessee that have been ordered or otherwise permitted by reason of all goods sold, services performed, space or facilities subleased the PUCT to be recovered through a tariff rider; and (D) such other items that Lessor and Lessee agree to in good faith are consistent with the foregoing and should be included prospectively in the list set forth in this clause (2) and in the event the Lessor and Lessee cannot agree on what items should be included on such Propertylist, then either Lessor or any portion thereofLessee may submit such matter to arbitration pursuant to Section 13.7, includingpursuant to which the Arbitration Panel shall be empowered to determine which such items shall be included on such list, without limitation, any other arrangements with third parties relating to based on submissions by each of the possession or use of any portion of such PropertyLessee and the Lessor; and proceeds, if any, from business interruption or other loss of income insurance; provided, however, that Gross (3) Revenues shall not include the following: allowances according Attributable to GAAP for uncollectible accounts, including credit card accounts and other administrative discounts; federal, state or municipal excise, sales, use, occupancy or similar taxes included as part of the sales price of any goods or services; insurance proceeds (other than proceeds from business interruption or other loss of income insurance); Award proceeds (other than for a temporary Condemnation); any proceeds from any sale of such Property or from the refinancing of any debt encumbering such Property; proceeds from the disposition of furnishings, fixture and equipment no longer necessary for the operation of the Travel Center located thereon; any security deposits and other advance deposits, until and unless the same are forfeited to Tenant or applied for the purpose for which they were collected; interest income from any bank account or investment of Tenant; any revenues or receipts of every kind derived from the provision, sale or trade of motor fuel and gasoline at such Property (including, without limitation, any amounts that arise out of the Shell Agreement); any revenues or receipts derived from gaming operations (but Gross Revenues shall include any revenue or receipts derived from sales of lottery tickets without adjustment for payouts); or any amount based on the income or profits of any Person if as a consequence thereof the Rent or other amounts payable by Tenant hereunder would fail to qualify, in whole or in part, as Lessee CapEx. The term “rents from real property” within the meaning of Section 856(d) of the Code.