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 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 Lease. and the entire amount of the sales price 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 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 Leased premises where the merchandise sold is thereafter returned by the purchaser and accepted by Tenant.

Gross Sales. The term "Gross Sales" as used herein shall be construed to include mean the entire amount of the Subtenant's actual sales pricereceipts, whether for cash, credit cash or otherwise, from all sales of food, beverages, merchandise, services or sales from mechanical or other vending devices placed or made in, on or from the Subleased Premises, subject to the adjustments and exclusions described below). Notwithstanding the foregoing, Gross Sales shall not include (or 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 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 privilege or license to sell or distribute specific merchandise from the Subleased Premises, whether or not the amount thereof is passed on to or collected by Subtenant from any purchaser thereof; (x) lottery ticket, 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 the 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 of merchandise or services and all to other receipts whatsoever retail stores operated by Subtenant or an affiliate of all business conducted in or Subtenant; (xv) transfers by Subtenant from the leased premises, including mail, telephone. telegraph. closed-circuit television, dial-a-buy, and/or other devices, automated Subleased Premises to another place of business owned 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 operated 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 Lease. and the entire amount of the sales price shall be included in Gross Sales, at such time as Subtenant (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 transfers are made solely for the convenient operation of the Subtenant's business of Tenant and not for the purpose of consummating a sale which has theretofore been made in in, on or from the leased premises and/or Subleased Premises or for the purpose of depriving Landlord Sublandlord of the benefit of a sale which otherwise would be made in in, on or from the leased premisesSubleased Premises); and (xvi) any sums or credits received in settlement of claims for loss or damage to merchandise which is not part of Subtenant's actual receipts set forth above. nor 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 shall be made (and the direct expenses of such credit card sales shall be deducted in such month), regardless of the time when Subtenant shall receive payment (whether full or partial) therefor. As used in this Paragraph, the term "Subtenant" shall include any subsidiary, subtenant, concessionaire or licensee of Subtenant conducting business at 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 Leased premises where the merchandise sold is thereafter returned by the purchaser and accepted by TenantSubleased Premises with Subtenant's approval.

Gross Sales. (a) The term "Gross Sales" as used herein shall be construed to include the entire amount of the actual sales price, price (including all finance charges by Tenant or anyone on Tenant's behalf) whether for cash, credit or otherwise, of all sales sales, rentals, leases, licenses or other transfer of merchandise or services and all other receipts whatsoever of all business conducted in or from the leased premisesPremises, including by Tenant, all subtenants, assignees, licensees, concessionaires or otherwise, including, without limitation: mail, telephone. telegraph. closed-catalogue; closed circuit television, dial-a-buycomputer, and/or other devices, automated electronic or otherwise, whereby telephone orders are received or filled at the leased premises, and including Premises; all deposits not refunded to purchasers, ; orders taken, although said orders may be filled elsewhere; gross receipts from vending machines, electronic games or similar devices, whether coin-operated or otherwise; and including the entire amount of the actual sales price and all other receipts for sales and services by Tenant, any sublesseesubtenants, concessionaireassignees, licensee licensees, concessionaires or otherwise in or from the leased premisesPremises. 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 as (i) the transaction is initially reflected in the books or records of Tenant, Tenant or any sublesseesubtenant, assignee assignee, licensee or concessionaire of Tenant(if a concessionaire makes the sale), or (ii) Tenant or such other entity any subtenant, assignee, licensee or 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 credit or otherwisefor credit, 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 Subject to Section 2.03(b) below, no deduction shall be allowed for uncollected direct or uncollectible credit accounts. Said term shall not includeindirect discounts, howeverrebates, any sums collected by Tenant and paid out by Tenant for any sales credits or excise tax imposed by constituted governmental authority and which other reductions to employees or others, unless such discounts, rebates, credits or other reductions are separately stated and in addition generally offered 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 public on 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 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 Leased premises where the merchandise sold is thereafter returned by the purchaser and accepted by Tenantuniform basis.

Gross Sales. The term "“Gross Sales" ” as used herein shall be construed to include the entire amount of the actual sales price, price (including all finance charges by Tenant or anyone on Tenant's behalf) whether for cash, credit or otherwise, of all sales sales, rentals, leases, licenses or other transfer of merchandise or services and all other receipts whatsoever of all business conducted in or from the leased premisesPremises, including by Tenant, all subtenants, assignees, licensees, concessionaires or otherwise, including, without limitation: mail, telephone. telegraph. closed-catalogue, closed circuit television, dial-a-buycomputer, and/or other devices, automated electronic or otherwise, whereby telephone orders are received or filled at the leased premises, and including Premises; all deposits not refunded to purchasers, ; orders taken, although said orders may be filled elsewhere; gross receipts from vending machines, electronic games or similar devices, whether coin- operated or otherwise; and including the entire amount of the actual sales price and all other receipts for sales and services by Tenant, any sublesseesubtenants, concessionaireassignees, licensee licensees, concessionaires or otherwise in or from the leased premisesPremises. A "“sale" ” shall be deemed to have been consummated for the purposes of this Lease. Agreement, and the entire amount of the sales price shall be included in Gross Sales, at such time as (i) the transaction is initially reflected in the books or records of Tenant, Tenant or any sublesseesubtenant, assignee assignee, licensee or concessionaire of Tenant(if a concessionaire makes the sale), or (ii) Tenant or such other entity any subtenant, assignee, licensee or 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 credit or otherwisefor credit, 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 Except as set forth below, no deduction shall be allowed for uncollected direct or uncollectible credit accountsindirect discounts, rebates, credits or other reductions to employees or others, unless such discounts, rebates, credits or other reductions are generally offered to the public on a uniform basis. Said The term “Gross Sales” shall not includeinclude (or if included, 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 there shall be deducted to the purchase price nor include extent of such inclusion) only 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 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 Leased premises where the merchandise sold is thereafter returned by the purchaser and accepted by Tenant.following: