Reporting of Gross Sales. Tenant agrees to furnish to Landlord a statement of Gross Sales within twenty (20) days after the close of each calendar month, and an annual statement, including a monthly breakdown of Gross Sales, within forty-five (45) days after the close of each calendar year during the Lease Term and any partial calendar year at the beginning or end of the Lease Term; provided, however, that Tenant shall cause its store manager to orally transmit to Landlord monthly Gross Sales within ten (10) days after the close of each calendar month and annual Gross Sales within thirty (30) days after the close of each calendar year. It is agreed, however, that should Tenant fail twice during the Lease Term to submit its written report of monthly and/or annual Gross Sales within the time periods as provided for herein, then Tenant shall, for the remainder of the Lease Term, be required to submit its written monthly statements of Gross Sales within ten (10) days after the close of each calendar month and to submit its written annual statements of Gross Sales within thirty (30) days after the close of each calendar year. Such statements shall itemize all elements of Gross Sales and Gross Sales Adjustments, and shall be certified as true and correct by a Responsible Officer of Tenant. The receipt by Landlord of any statement or any payment of Percentage Rent for any period shall not bind Landlord as to the correctness of such statement or payment. Upon request, Xxxxxx agrees to furnish to Landlord a copy of Xxxxxx's state and local sales and use tax returns, if required in the state where the Shopping Center is located, but only to the extent such returns are limited to the business conducted upon the Premises. Tenant shall record at the time of sale, in the presence of the customer, all receipts from sales or other transactions using a cash register or computer system that cumulatively numbers and records all receipts. Tenant and its subtenants, licensees, and concessionaires, shall keep (i) full and accurate books of account and records in accordance with generally accepted accounting principles consistently applied, including without limitation, a sales journal, general ledger, and all bank account statements showing deposits of Gross Sales revenue, (ii) all cash register detail tapes with regard to all transactions of Gross Sales, and (iii) detailed original records of all Gross Sales Adjustments. Such books, receipts, and records shall be kept by Tenant for a period of three (3...
Reporting of Gross Sales. Tenant shall furnish Landlord with a weekly report of its daily sales at the times and in the manner that Landlord may request. If Landlord develops an automated mechanism (by computer or otherwise) to collect such daily sales reports, Tenant shall cooperate with Landlord's introduction of such automated mechanism and shall furnish such daily sales reports using such automated mechanism; provided, however, that Tenant will not be required to introduce such automated mechanism to the extent the cost thereof would be greater than One Thousand Dollars ($1,000).
Reporting of Gross Sales. In the event Tenant is not required to report gross sales in connection with the payment of percentage rent hereunder, Tenant shall be required to report Gross Sales in accordance with this Section 23.4. Within fifteen (15) days after the end of each calendar month of the term hereof, commencing with the fifteenth (15th) day of the month following the Commencement Date, and ending with the fifteenth (15th) day of the month next succeeding the last month of the Lease Term, Tenant shall furnish to Landlord a statement in writing in a form approved by Landlord, certified by Tenant to be correct, showing the total gross sales made in, upon, or from the Premises during the preceding calendar month (or fractional month at the beginning of the term if the Commencement Date is other than the first (1st) day of a month). Tenant agrees that each such statement shall be and is hereby certified to be true and correct. The term "Gross Sales" as used herein means the total gross receipts of all goods, wares and merchandise sold and leased, including the actual charges for all services performed by Tenant and fees charged by Tenant and by anyone, including any subtenant, licensee or concessionaire in, at, from, or arising out of the use of the Premises, whether wholesale or retail, whether for cash or credit, or otherwise, and including the value of all consideration other than money received for any of the foregoing, without reserve or deduction or inability or failure to collect, including, but not limited to, sales, leases and services: (i) where the orders therefor originate in, at, from, or arising out of the use in whole or in part of any portion of the Premises, whether delivery or performance is made from the Premises or from some other place and regardless of the place of bookkeeping for, payment of, or collection of any accounts; or (ii) made or performed by mail, telephone, or telegraph orders received or filled in, at, or from the Premises; or (iii) made or performed by means of mechanical or other vending machines in the Premises; or (iv) which Tenant, or any subtenant, licensee or concessionaire, in the normal and customary course of its business, would credit or attribute to its operations at the Premises, or any part thereof. [DELETE IF PERCENTAGE RENT PROVISION IS INCLUDED.]
Reporting of Gross Sales. Tenant shall submit to Landlord on or before the fifteenth (15th) day of each calendar month a complete and accurate record of Tenant's gross sales for the preceding calendar month. On or before the thirtieth (30th) day of the month following the end of each Lease Year, Tenant shall furnish to Landlord a statement certified by Tenant's corporate financial officer of the Gross Sales for the preceding Lease Year.
