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 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 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 is thereafter returned by the purchaser and accepted by Tenant. 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" is defined as used herein the entire gross receipts of every kind and nature from sales and services made from the Premises during the Lease Term, including gross receipts from all vending or amusement machines. Any transaction on an installment basis, or otherwise involving the extension of credit, shall be construed treated as a sale for the full price at the time that the goods are delivered to include a customer (or the entire amount services are performed for a customer), irrespective of the actual time of payment or when title passes. Gross Sales shall not include any of the following: (i) credits or refunds to customers for food, beverage or merchandise returned or exchanged; (ii) transfers of food, beverage (including beer) or merchandise from the Premises to other stores or warehouses of Tenant or its affiliated companies; (iii) any sales pricetax or other tax imposed under any laws, ordinances, orders or regulations, whether for cash now or otherwisehereafter in force, upon or based upon the gross receipts of all Tenant or the sale or sales price of food, beverage or merchandise or services and all other receipts whatsoever of all business conducted in or from the leased premises which must be paid by Tenant, whether 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 authorityfrom its customers; (iv) returns of food, nor shall it include the exchange of merchandise between the stores of Tenant, if any, where such exchange of goods beverage 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; and (v) the net amount of discounts allowed to any customer pursuant to any customary and reasonable policy adopted by Tenant. Notwithstanding the above, nor proceeds the value of any food, beverage or merchandise returned to the Premises that was purchased from a catalog or through the sale of trade fixtures. There Internet shall not be deductible deducted from Gross Sales in regards to the amount reporting of any cash or credit refund made upon any sale in or from Gross Sales and the leased premises, previously included in "Gross Sales" hereunder, not to exceed the sum so previously included, where the merchandise sold is thereafter returned by the purchaser and accepted by Tenant. 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 hereofpayment of Percentage Rent.

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 For the purposes of this LeaseFranchise, the term “Gross Sales” shall mean all revenues from sales of the Franchisee based upon all business conducted upon or from the Restaurant, whether such sales be evidenced by check, cash, credit, charge account, exchange, or otherwise, and shall include, but not be limited to, the entire amounts received from the sale of goods, wares, and merchandise, including sales of food, beverages, and tangible property of every kind and nature, promotional or otherwise, and for services performed from or at the Restaurant, together with the amount of all orders taken or received at the Restaurant, whether such orders be filled from the Restaurant or elsewhere. Gross Sales shall not include sales of merchandise for which cash has been refunded, provided that such sales shall have previously been included in Gross Sales. There shall be deducted from Gross Sales the price of merchandise returned by customers for exchange, provided that such returned merchandise shall have been previously included in Gross Sales, and provided that the sales price of merchandise delivered to the customer in exchange 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 any sales tax imposed by any federal, state, municipal, or other governmental authority directly on sales and collected from customers, provided that the amount thereof is added to shippers the selling price or manufacturers, nor proceeds from absorbed therein and actually paid by the Franchisee to such governmental authority. Each charge or sale of trade fixtures. There upon credit shall be deductible from Gross Sales treated as a sale for the amount full price in the month during which such charge or sale shall be made, irrespective of any cash the time when the Franchisee shall receive payment (whether full 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 is thereafter returned by the purchaser and accepted by Tenant. 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 hereofpartial) therefor.

Gross Sales. The term phrase "Gross Sales" as used herein shall be construed to include mean all revenues from sales resulting from all business conducted upon or from the entire amount of the actual sales priceSonic Restaurant, whether for cash evidenced by check, cash, credit, charge account, exchange or otherwise, and shall include (without limitation) the amounts received from the sale of all goods, wares and merchandise, including sales of merchandise food, beverages and tangible property of every kind and nature, promotional or otherwise (excluding restaurant equipment) and for services and all other receipts whatsoever of all business conducted in performed from or at the Sonic Restaurant, whether Licensee fills the orders from the leased premises by Tenant, Sonic Restaurant 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" Each charge or sale upon credit shall be deemed to have been consummated constitute a sale for the purposes of this Leasefull price in the month during which the charge or sale occurs, and the entire amount regardless of the sales price shall be included time when Licensee receives payment (in Gross Sales, at such time that (iwhole or in part) for the transaction is initially reflected in the books charge 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 phrase "Gross Sales" shall not include, however, any sums collected and paid out by Tenant for any include (a) 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 Tenantfor which Licensee makes a cash refund, if anypreviously included in Gross Sales; (b) the price of merchandise returned by customers for exchange, where such exchange of goods or merchandise is made solely for if Licensee previously included the convenient operation sales price of the business merchandise returned by the customer in Gross Sales and includes the sales price of Tenant and not for merchandise delivered to the purpose of consummating a sale which has theretofore been made customer 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 exchange in or from the leased premises, nor shall the term include the amount of returns to shippers or manufacturers, nor proceeds Gross Sales; (c) amounts received from the sale of trade fixtures. There shall be deductible from Gross Sales tobacco products; (d) the amount of any cash sales tax imposed by any governmental authority directly on sales and collected from customers, if Licensee adds the amount of the tax to the sales price or credit refund made upon any sale absorbs the amount of the sales tax in the sales price and Licensee actually pays the tax to the governmental authority; and (e) amounts not received for menu items because of discounts or from the leased premisescoupons, previously included in if properly documented. The phrase "Gross Sales" hereunder, also shall not include any proceeds received by Licensee pursuant to exceed an assignment made in accordance with the sum so previously included, where the merchandise sold is thereafter returned by the purchaser and accepted by Tenant. The term "merchandise" as used in this Lease shall include food and beverages if Tenant is permitted to sell such items in provisions of Section 7.1 hereof13.

Gross Sales. The For the purposes of this Frachise, the term "Gross Sales" as used herein shall be construed to include the entire amount mean all revenues from sales of the actual sales priceFranchisee based upon all business conducted upon or from the Restauant, whether for cash such sales be evidenced by check, cash, credit, charge account, exchange, or otherwise, and shall include, but not be limited to, the amounts received from the sale of goods, wares, and merchandise, including sales of food, beverages, and tangible property of every kind and nature, promotional or otherwise, and for services peifoimed from or at the Restaurant, together with the amount of all orders taken or received at the Restaurat, whether such orders be tiled from the Restaurant or elsewhere. Gross Sales shall not include sales of merchandise or services and all other receipts whatsoever for which cash has been refunded, provided that such sales shall have previously been included in Gross Sales. There shall be deducted from Gross Sales the pnce of all business conducted merchandise returned by customers for exchange, provided that such returned merchandise shall have been previously included 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 purchasersGross Sales, 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 provided thÍ1 the sales price pnce of merchandise delivered to the customer in exchange 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 any sales tax imposed by any federal, state, municipal, or other governmental authonty directly on sales and collected from customers, provided that the amount thereof is added to shippers the sellng pnce or manufacturers, nor proceeds from absorbed therein and actually paid by the Franchisee to such governmental authonty. Eah charge or sale of trade fixtures. There upon credit shall be deductible from Gross Sales treated as a sale for the amount full pnce in the month during which such charge or sale shall be made, irrespective of any cash the time when the Franchisee shall receive payment (whether full 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 is thereafter returned by the purchaser and accepted by Tenantpartial) therefor. 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 hereof4 8.

Gross Sales. The term "Gross Sales" as used herein shall is hereby defined to mean Gross Sales of Lessee, from all business conducted upon or from the Demised Premises, and whether such business be construed to include the entire amount conducted by Lessee or by any licensees, concessionaires or sublessees of the actual Lessee, and whether such sales pricebe evidenced by check, whether for cash credit, charge account, exchange or otherwise, and shall include, but not be limited to, the amount received from the sale of goods, wares and merchandise and for services performed on or at the Demised Premises together with the amount of all orders taken or received at the Demised Premises, whether such order be filled from the Demised Premises or elsewhere, and whether such sales be made by means of merchandise or services and all other receipts whatsoever of all business conducted vending devices in or from the leased premises by TenantDemised Premises, or by all concessionaires sidewalk sales from outside the Demised Premises. If any one (as defined in Section 3.2 hereof1) or otherwise, including, without limitation, mail, catalogue more departments or telephone orders received or filled at other divisions of the leased premises, all deposits not refunded to purchasers, and orders taken, although said orders may be filled elsewhere. A "sale" Lessee's business shall be deemed to have been consummated for the purposes of this Leasesublet by Lessee or conducted by any person, and the entire amount of the sales price firm or corporation other than Lessee, then there 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 fixing the Percentage Rent payable hereunder all the Gross Sales of such departments or divisions, the same manner and with the same effect as if the business or sales of such departments and divisions of Lessee's business had been conducted by Lessee itself. Gross Sales shall not include sales of merchandise for which cash has theretofore been refunded, or allowances made on merchandise claims to be defective or unsatisfactory provided they shall have been included 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 Gross Sales; and there shall be deductible deducted 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 is thereafter returned by the purchaser and accepted by Tenant. 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.price of

Gross Sales. The term "“Gross Sales" ”, as such term is used herein herein, shall be construed to include the entire amount of the actual sales pricereceipts, whether for cash or otherwise, of all sales of merchandise merchandise, service or services and all any other receipts receipt whatsoever of all business conducted in or from the leased premises by Tenantat, in, from, about, or by all concessionaires (as defined in Section 3.2 hereof) or otherwiseupon the Premises, including, without limitationbut not limited to, mailmail orders, catalogue telephone orders, Internet orders, and/or other orders in whatever manner received, placed or telephone orders received filled, whether in whole or filled in part, at the leased premisesPremises, and including all deposits not refunded to purchasers, and orders taken, taken (although said orders may be filled elsewhere. A "sale" shall be deemed ), sales to have been consummated for the purposes of this Leaseemployees, sales through vending machines or other devices, and sales by any subtenant, concessionaire or licensee or otherwise at, in, from, about or upon the entire amount of Premises, provided that nothing herein shall permit Tenant to sublet the sales price shall be included in Gross Sales, at such time that (i) the transaction is initially reflected in the books Premises or records of Tenant grant any license 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 concession except as expressly permitted pursuant to the customer, whichever first occurs, irrespective terms 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 timeArticle 23. 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 (i) uncollected or uncollectible credit accounts, (ii) any income or similar tax based on income, (iii) any gross receipts tax, or (iv) any cash or credit refund given for trade-ins any sale made via the Internet and not originating with an Internet order placed in the Premises. Each sale upon installments or other credits on sales to employees or otherscredit shall be treated as a sale for the full price in the month during which such sale is made, irrespective of the time when Tenant shall receive payment therefor. The term "Gross Sales" Sales shall not includeinclude (i) any sales tax, howeveruse tax, or any sums other tax separately collected by Tenant 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 (ii) the exchange of merchandise between the stores of Tenant, if any, where such exchange of goods or merchandise is are made solely for the convenient operation of the business of Tenant and not for the purpose of consummating a sale which has had theretofore been made in at, in, from, about or from upon the leased premises Premises and/or for the purpose of depriving Landlord of the benefit of a sale which otherwise would be made in at, in, from, about or from upon the leased premisesPremises, nor shall the term include (iii) the amount of returns to shippers or manufacturers, nor proceeds and (iv) sales of Tenant’s store fixtures which are not a part of Tenant’s stock in trade and which Tenant has a right to remove from the sale of trade fixturesPremises. There shall be deductible Tenant may deduct from Gross Sales the actual net amount of any cash refunds, credits or credit refund allowances made or allowed by Tenant in accordance with reasonable business practices upon any sale in or from the leased premises, transactions previously included within Gross Sales (not exceeding in "Gross Sales" hereunder, not to exceed amount the sum so previously included, selling price of the item in question) where the merchandise sold item is thereafter returned by the purchaser and accepted by Tenant (provided that anything given in exchange for returned items and any such credits to customers shall be included in Gross Sales). Tenant’s right not to include the items set forth (in Sections i through iv) above in Gross Sales shall be subject to the condition that Tenant shall furnish to Landlord together with Tenant’s annual statement of Gross Sales an itemization by category of the total amount not included within Gross Sales. The term "merchandise" Tenant shall maintain itemized records in accordance with generally accepted accounting principles (“GAAP”) in connection with each category as used in this Lease shall include food and beverages if Tenant is permitted to sell such items in Section 7.1 hereofhereunder. 704. Intentionally Deleted.

Gross Sales. The term "Gross Sales" as used herein shall be construed to include Sales means the entire amount selling price of all merchandise or services sold, leased, licensed, or delivered in or from the actual Premises, including orders and sales pricemade using electronic media, by Tenant, its subtenants, licensees, franchisees or concessionaires, whether for cash or otherwiseon credit (whether collected or not), including the amount received by reason of all orders taken on the Premises although filled elsewhere, and whether made by store personnel or vending machines. All sales originating at the Premises shall be considered as made and completed therein, even though bookkeeping and collection of merchandise or services the account may be transferred to another place and all even though orders may be filled and deliveries may be made from a place other receipts whatsoever of all business conducted in or than the Premises. All deliveries to customers made from the leased premises by TenantPremises, or by all concessionaires (as defined prepared at the Premises, shall be considered to be made in Section 3.2 hereof) or otherwiseand from the Premises even though orders may be taken elsewhere. Any transaction on an installment basis, including, without limitation, mailany “lay-away” sale or like transaction, catalogue or telephone orders received or filled at otherwise involving the leased premisesextension of credit, 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 treated as a sale for the purposes of this Lease, and the entire amount of the sales full 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 the transaction, irrespective of the time of payment or when title passes. Notwithstanding the foregoing, 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, howeveror if included there shall be deducted (but only to the extent they have been included), any sums collected the following: The selling price of all merchandise returned by customers and paid out by Tenant accepted for any sales full credit, 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 discounts, refunds, and allowances made on such returned merchandise, but the use of any such credit or discounts to shippers purchase other merchandise shall not be excluded, and this exclusion shall not include any amounts paid or manufacturerspayable for trading stamps; Merchandise returned to suppliers or transferred in original packages without any processing or preparation to another store or warehouse owned by or affiliated with Tenant; Sums and credits received in the settlement of claims for loss of or damage to merchandise; To the extent that same are actually paid (but excluding any and all interest and penalties assessed thereon), nor proceeds from sales and use taxes, so-called luxury taxes, consumers excise taxes, gross receipts taxes and other similar taxes now or in the future imposed on the sale of trade fixtures. There shall be deductible from Gross Sales merchandise or services, but only if such taxes are added to the amount of any cash or credit refund made upon any sale in or selling price, separately stated, collected separately from the leased premisesselling price of merchandise or services, previously included and collected from customers; and Sales of fixtures, equipment or personal property that are not stock in "Gross Sales" hereunder, not to exceed the sum so previously included, where the merchandise sold is thereafter returned by the purchaser and accepted by Tenant. 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 hereoftrade.

Gross Sales. The term phrase "Gross Sales" as used herein shall be construed to include mean all revenues from sales resulting from all business conducted upon or from the entire amount of the actual sales priceSonic Restaurant, whether for cash evidenced by check, cash, credit, charge account, exchange or otherwise, and shall include (without limitation) the amounts received from the sale of all goods, wares and merchandise, including sales of merchandise food, beverages and tangible property of every kind and nature, promotional or otherwise (excluding restaurant equipment) and for services and all other receipts whatsoever of all business conducted in performed from or at the Sonic Restaurant, whether the Licensee fills the orders from the leased premises by Tenant, Sonic Restaurant 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" Each charge or sale upon credit shall be deemed to have been consummated constitute a sale for the purposes of this Leasefull price in the month during which the charge or sale occurs, and the entire amount regardless of the sales price shall be included time when the Licensee receives payment (in Gross Sales, at such time that (iwhole or in part) for the transaction is initially reflected in the books charge 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 phrase "Gross Sales" shall not include, however, any sums collected and paid out by Tenant for any include (a) 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 for which the stores of TenantLicensee makes a cash refund, if anypreviously included in Gross Sales; (b) the price of merchandise returned by customers for exchange, where such exchange of goods or merchandise is made solely for if the convenient operation Licensee previously included the sales price of the business merchandise returned by the customer in Gross Sales and includes the sales price of Tenant and not for merchandise delivered to the purpose of consummating a sale which has theretofore been made customer 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 exchange in or from the leased premises, nor shall the term include the amount of returns to shippers or manufacturers, nor proceeds Gross Sales; (c) amounts received from the sale of trade fixtures. There shall be deductible from Gross Sales tobacco products; (d) the amount of any cash sales tax imposed by any governmental authority directly on sales and collected from customers, if the Licensee adds the amount of the tax to the sales price or credit refund made upon any sale absorbs the amount of the sales tax in the sales price and the Licensee actually pays the tax to the governmental authority; and (e) amounts not received for menu items because of discounts or from the leased premisescoupons, previously included in if properly documented. The phrase "Gross Sales" hereunder, also shall not to exceed the sum so previously included, where the merchandise sold is thereafter returned include any proceeds received by the purchaser and accepted by Tenant. The term "merchandise" as used Licensee pursuant to an assignment made in this Lease shall include food and beverages if Tenant is permitted to sell such items in accordance with the provisions of Section 7.1 hereof13.

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 3.02 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 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 is thereafter returned by the purchaser and accepted by Tenant. 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 7.01 hereof.

Gross Sales. The term "“Gross Sales" ”, as such term is used herein herein, shall be construed to include the entire amount of the actual sales pricereceipts, whether for cash or otherwise, of all sales of merchandise merchandise, service or services and all any other receipts receipt whatsoever of all business conducted in or from the leased premises by Tenantat, in, from, about, or by all concessionaires (as defined in Section 3.2 hereof) or otherwiseupon the Premises, including, without limitationbut not limited to, mailmail orders, catalogue telephone orders, Internet orders, and/or other orders in whatever manner received, placed or telephone orders received filled, whether in whole or filled in part, at the leased premisesPremises, and including all deposits not refunded to purchasers, and orders taken, taken (although said orders may be filled elsewhere. A "sale" shall be deemed ), sales to have been consummated for the purposes of this Leaseemployees, sales through vending machines or other devices, and sales by any subtenant, concessionaire or licensee or otherwise at, in, from, about or upon the entire amount of Premises, provided that nothing herein shall permit Tenant to sublet the sales price shall be included in Gross Sales, at such time that (i) the transaction is initially reflected in the books Premises or records of Tenant grant any license 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 concession except as expressly permitted pursuant to the customer, whichever first occurs, irrespective terms 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 timeArticle 23. 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 (i) uncollected or uncollectible credit accounts, (ii) any income or similar tax based on income, (iii) any gross receipts tax, or (iv) any cash or credit refund given for trade-ins any sale made via the Internet and not originating with an Internet order placed in the Premises. Each sale upon installments or other credits on sales to employees or otherscredit shall be treated as a sale for the full price in the month during which such sale is made, irrespective of the time when Tenant shall receive payment therefor. The term "Gross Sales" Sales shall not includeinclude (i) any sales tax, howeveruse tax, or any sums other tax separately collected by Tenant 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 (ii) the exchange of merchandise between the stores of Tenant, if any, where such exchange of goods or merchandise is are made solely for the convenient operation of the business of Tenant and not for the purpose of consummating a sale which has had theretofore been made in at, in, from, about or from upon the leased premises Premises and/or for the purpose of depriving Landlord of the benefit of a sale which otherwise would be made in at, in, from, about or from upon the leased premisesPremises, nor shall the term include (iii) the amount of returns to shippers or manufacturers, nor proceeds and (iv) sales of Tenant’s store fixtures which are not a part of Tenant’s stock in trade and which Xxxxxx has a right to remove from the sale of trade fixturesPremises. There shall be deductible Tenant may deduct from Gross Sales the actual net amount of any cash refunds, credits or credit refund allowances made or allowed by Tenant in accordance with reasonable business practices upon any sale in or from the leased premises, transactions previously included within Gross Sales (not exceeding in "Gross Sales" hereunder, not to exceed amount the sum so previously included, selling price of the item in question) where the merchandise sold item is thereafter returned by the purchaser and accepted by Xxxxxx (provided that anything given in exchange for returned items and any such credits to customers shall be included in Gross Sales). Tenant’s right not to include the items set forth (in Sections i through iv) above in Gross Sales shall be subject to the condition that Tenant shall furnish to Landlord together with Tenant’s annual statement of Gross Sales an itemization by category of the total amount not included within Gross Sales. The term "merchandise" Tenant shall maintain itemized records in accordance with generally accepted accounting principles (“GAAP”) in connection with each category as used in this Lease shall include food and beverages if Tenant is permitted to sell such items in Section 7.1 hereofhereunder. 704. Intentionally Deleted.