Gross Sales. Notwithstanding anything in the Lease to the contrary the definition of Gross Sales shall be as follows:
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 or otherwise, of all sales of merchandise or services and all other receipts whatsoever of all business conducted in or from the leased premises by Tenant, or by all concessionaires (as defined in Section 3.2 hereof) or otherwise, including, without limitation, mail, catalogue or telephone orders received or filled at the leased premises, all deposits not refunded to purchasers, and orders taken, although said orders may be filled elsewhere. A "sale" shall be deemed to have been consummated for the purposes of this Lease, and the entire amount of the sales price shall be included in Gross Sales, at such time that (i) the transaction is initially reflected in the books or records of Tenant or a concessionaire (if a concessionaire makes the sale), or (ii) Tenant or such concessionaire 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 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 public on a uniform basis. In addition, 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" 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, nor shall it 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 of depriving Landlord of the benefit of a sale which otherwise would be made in or from the leased 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 r...
Gross Sales. Less Allowances (On a separate page, please indicate the reasons for returns or other adjustments if significant.) • Net Sales • Royalty Rate (Please note any unusual occurrences that affected royalty amounts during this period. To assist UFRF’s forecasting, please comment on any market variables that would impact future royalties). • Total Royalty due this period • Total Royalty paid last period *** Confidential Treatment Requested
Gross Sales. The term “Gross Sales,” as used herein, shall be construed to mean the aggregate amount of all sales made and services rendered at or from the Premises, and any other revenues of any type arising out of or in connection with Lessee’s operation under this Lease on the Premises, regardless of when or where the order therefore is received, where performed by Lessee or its Partners, from the Premises for cash or credit or otherwise, of every kind, name, and nature, regardless of when or whether collected or not, as if the same had been sold for cash, or the fair and reasonable value thereof, whichever is greater. Only the following shall be excluded or deducted from the computation of Gross Sales:
Gross Sales. The phrase “
Gross Sales. The term "
Gross Sales. 4 1.19 Improvements................................................................................. 5 1.20 Know-How..................................................................................... 5 1.21 Parties...................................................................................... 5 1.22 Patents...................................................................................... 5 1.23
Gross Sales. “Gross Sales” shall mean the aggregate compensation the LICENSEE, or its subsidiaries, or mutually agreed joint ventures, receives for goods sold under the Patent Rights without a reduction for taxes, transportation, returns, depreciation or other expenses.
Gross Sales. For any period controlled by this Agreement, the total of all sales of units of Licensed Product during the period at invoiced prices, not reduced by discounts allowances or other adjustments other than defective returns. For purposes of this definition, a transfer of a completed unit will be deemed a sale hereunder and the invoice price will be the amount actually billed but will be no less than the LICENSEE's wholesale list price for such a unit of the Licensed Products as published and distributed to the trade.
Gross Sales. The term “Gross Sales” includes all moneys or things of value received or receivable, including lease or rental revenue (without deductions for uncollectibles), by Tenant, its sublessees, licensees or concessionaires or others, for merchandise sold or services performed or equipment, merchandise or other inventory items leased or rented or business conducted (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 Demised Premises (including, without limitation, orders received in person or by mail, telephone or telegraph, and services performed by Tenant away from the 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 deposits not refunded to purchasers. The term “Gross Sales” shall not include (i) governmental excise or sales taxes added to the 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 to another of Tenant’s stores made in the regular course of Tenant’s business and not for the purpose of avoiding consummation of a sale in the Demised Premises, or (iv) returns to shippers or manufacturers, or (v) sales of Tenant’s “Removable Trade Fixtures” (as defined in the Lease) 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, capital stock tax, income tax or similar or dissimilar tax based upon Tenant’s income, capital structure, or profits. All Gross Sales will be recorded so that each transaction is 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 period of three (3) years after preparation, and will be open to inspection by Landlord (or it...
