Tenant’s Records. Tenant shall maintain and keep on the Premises or at Tenant’s principal office in California for a period of not less than three (3) years following the end of each year during the Term, adequate records which show Gross Receipts, inventories and receipts of merchandise at the Premises, and daily receipts from all sales and other transactions on the Premises by Tenant and any other persons conducting any business upon the Premises. Tenant shall record at the time of sale, in the presence of the customer, all receipts from sales or other transactions, whether for cash or credit, in a cash register or in cash registers having a cumulative total which shall be sealed in a reasonable manner, and having such other reasonable features as may be appropriate or required in order to properly account for and record all sales or other transactions in and from the Premises. If upon an audit of Tenant’s books and records by Landlord, Landlord determines that Tenant’s manner of recording sales is inadequate, Tenant agrees to adopt such measures as Landlord may reasonably request to correct such inadequacies. Tenant further agrees to keep on the Premises or at Tenant’s principal office in California for at least three (3) years following the end of each year during the Term all pertinent original sales records. Original sales records may include any or all of the following: (a) cash register tapes, including tapes from temporary registers; (b) serially numbered sales slips; (c) computer printouts and computerized sales slips; (d) the originals of all mail orders at and to the Premises; (e) the original records of all telephone orders at and to the Premises; (f) settlement report sheets of transactions with subtenants, concessionaires and licensees; (g) the original records showing that merchandise returned by customers was purchased at the Premises by such customers; (h) memorandum receipts or other records of merchandise taken out on approval; (i) records of inventory purchases; (j) such other sales records, if any, which would normally be examined by an independent accountant pursuant to generally accepted auditing standards in performing an audit of Tenant’s Gross Receipts; and (k) the records specified in (a) to (j) above for subtenants, assignees, concessionaires or licensees of Tenant.
Tenant’s Records. Tenant shall prepare, keep and maintain at the Premises or at Tenant’s principal office within New York City, for a period of not less than 3 years following the end of each Computation Year and following the Expiration Date (with respect to the final Computation Year), complete and accurate books of account and records of, but not limited to, all purchases and receipts of merchandise, inventories and all sales and other transactions by Tenant from which Tenant’s Gross Revenues from the Music Hall or the Club can be determined. Tenant shall record all sales, at the time each sale is made, whether for cash or credit using either (i) non-resettable electronic cash registers or cash registers containing locked-in cumulative tapes with cumulative capacity, in each case reasonably satisfactory to Landlord, or (ii) a system of duplicate sales slips, invoices or non-resettable cash register receipts, serially numbered, or such other method for recording sales as Landlord approves in its sole judgment. Tenant shall keep for at least 3 years following the end of each Computation Year (or if Landlord and Tenant are disputing the computation of Gross Revenues for any Computation Year, such longer period of time as may be required until the final resolution of such dispute) all pertinent original sales books and records, which records shall include:
Tenant’s Records. Tenant shall keep true, full, and accurate books of account setting forth Gross Receipts, together with any other information which will in any way affect the determination of Percentage Rent payable under this Lease. Landlord shall be allowed after five (5) days prior notice, to inspect Tenant’s books of account at the Premises and to procure audits thereof by a Certified Public Accountant. If in the judgment of such accountant Xxxxxx’s books of account are incomplete or improperly reflect the information necessary to an accurate determination of the rents payable under this Lease, or if the audit shall show that the reports submitted by Tenant understated Tenant’s Gross Receipts by more than three percent (3%) thereof for any year covered by the audit, the costs and fees for such audit shall be paid by Tenant as an Additional Charge. If such audit discloses any willful or intentional effort to understate Gross Receipts, then, at Landlord’s option, Tenant may be required to surrender possession of the Premises. Tenant shall retain all books of accounting and any other information which will in any way affect the determination of Percentage Rent payable under this Lease for a period of six (6) years after the expiration or termination of this Lease, and Tenant shall make them available for inspection at the Premises within ten (10) days of Landlord’s demand therefore. This section shall survive expiration or termination of this Lease.
Tenant’s Records. Tenant shall prepare and keep full, complete and proper books and source documents, in accordance with generally accepted accounting principles, of the Gross Sales, whether for cash, credit or otherwise, of each separate department at any time operated in the leased premises and of the operations of each subtenant, concessionaire, licensee and/or assignee, and shall require and cause all such parties to prepare and keep books, source documents, records and accounts sufficient to substantiate those kept by Tenant. The books and source documents to be kept by Tenant shall include, without limitation, true copies of all Federal, State and local tax returns and reports, records of inventories and receipts of merchandise, daily receipts from all sales and other pertinent original sales records and records of any other transactions conducted in or from the leased premises by Tenant and any other persons conducting business in or from the leased premises. Pertinent original sales records shall include, without limitation: (i) cash register tapes, including tapes from temporary registers, (ii) serially pre-numbered sales slips, (iii) the original records of all mail and telephone orders at and to the leased premises, (iv) settlement report sheets of transactions with subtenants, concessionaires, licensees and assignees, (v) original records indicating that merchandise returned by customers was purchased at the leased premises by such customers, (vi) memorandum receipts or other records of merchandise taken out on approval, (vii) detailed original records of any exclusions or deductions from Gross Sales, (viii) sales tax records, and (ix) such other sales records, if any, which would normally be examined by an independent accountant pursuant to accepted auditing standards in performing an audit of Tenant's sales. Tenant shall record at the time of each sale or other transaction, in the presence of the customer, all receipts from such sale or other transaction, whether for cash, credit or otherwise, in a cash register or cash registers having a cumulative total which shall be sealed in a manner approved by Landlord and which shall possess such other features as shall be required by Landlord. All of the foregoing books, source documents and records shall be retained for a period of at least four (4) years after the expiration of each lease year.
Tenant’s Records. For the purpose of permitting verification by Landlord of any amounts due as Rental, Tenant will (i) cause the business upon the Premises to be operated so that a duplicate sales slip, invoice or non-resettable cash register receipt, serially numbered, or such other device for recording sales as Landlord approves, shall be issued with each sale or transaction, whether for cash, credit or exchange, and (ii) preserve for at least three (3) years, and during the Term shall keep at the Tenant Notice Address or the Premises, a general ledger, required receipts and disbursement journals and such sales records and other supporting documentation, together with original or duplicate books and records, which shall disclose all information required to determine Tenant's Gross Sales and which shall conform to and be in accordance with generally accepted accounting principles. At any time or from time to time after advance notice to Tenant, Landlord or any Mortgagee, their agents and accountants, shall have the right during business hours to make any examination or audit of such books and records which Landlord or such Mortgagee may desire. If such audit shall disclose a liability in any Rental Year for Rental in excess of the Rental theretofore paid by Tenant for such period, Tenant shall promptly pay such liability. Should any such liability for Rental equal or exceed three percent (3%) of Annual Percentage Rental previously paid for such Rental Year, or if such audit shall disclose that Tenant has underreported Gross Sales by five percent (5%) or more during any Rental Year, (a) Tenant shall promptly pay the cost of audit and interest at the Default Rate on all additional Annual Percentage Rental then payable, accounting from the date such additional Annual Percentage Rental was due and payable, and (b) an Event of Default shall be deemed to exist unless, within ten (10) days after Landlord shall have given Tenant notice of such liability, Tenant shall furnish Landlord with evidence satisfactorily demonstrating to Landlord that such liability for additional Annual Percentage Rental was the result of good faith error on Tenant's part. If such audit shall disclose that Tenant's records, in Landlord's opinion, are inadequate to accurately reflect Tenant's Gross Sales, Landlord shall have the right to retain a consultant to prepare and establish a proper recording system for the determination of Tenant's Gross Sales and Tenant agrees that it shall use the system, books ...
Tenant’s Records. 24 Tenant shall prepare and keep full, complete and proper books and source documents, in 25 accordance with Generally Accepted Accounting Principles, of the Gross Sales, whether for cash, credit 26 or otherwise, of each separate department at any time operated within the Premises and of the operations 27 of each subtenant, concessionaire, licensee and/or assignee, and shall require and cause all such parties to 28 prepare and keep books, source documents, records and accounts sufficient to substantiate those kept by 29 Tenant (“Records”). The Records to be kept by Tenant shall include, without limitation, true copies of all 30 state and local sales and use tax returns and reports, records of inventories and receipts of merchandise, 31 records of bank deposits of the entire receipts from transactions at the Premises, daily receipts from all 32 sales (including those from mail or telephone orders), and other pertinent sales records and records of any 33 other transactions conducted in or from the Premises by Xxxxxx and any other persons conducting 34 business from the Premises. Pertinent sales records shall include, without limitation, a point of sale 35 system of record keeping and such other reasonable documentation which would normally be examined 36 by an independent accountant pursuant to Generally Accepted Auditing Standards in performing an audit 37 of Tenant's sales sufficient to provide determination and verification of Gross Sales and the exclusions 38 and deductions therefrom. Tenant’s Records shall be preserved by Tenant at the Premises for at least three 39 (3) years after expiration of each lease year or partial lease year (or, if less than three (3) lease years 40 remain in the Term, until one (1) year following the expiration of the Term). All of books, source 41 documents, records and documentation maintained pursuant hereto shall at all reasonable times be open to 42 the inspection of, and may be copied or extracted from, in whole or in part, by Landlord or Landlord's 43 authorized representative or agent for a period of at least four (4) years after the expiration of each lease 44 year (or, if less than four (4) lease years remain in the Term, until one (1) year following the expiration of 45 the Term), provided that such inspection or copying does not occur more than once every 12 calendar 46 months.
Tenant’s Records. Tenant shall furnish such financial statements, invoices, records, papers and documents relating to the Capitalized Repair and Maintenance as Landlord may reasonably require.
Tenant’s Records. All business upon the Premises shall be operated so that duplicate, dated sales slips, dated invoices, register receipts or similar evidence of payment serially numbered, shall be issued with each sale, transaction or other event resulting in Gross Sales or Permitted Exclusions (“Tenant’s Receipts”). For the purpose of permitting verification by Landlord of any amounts due as Percentage Rent, Tenant shall keep and preserve at all times during the period required, at the Premises, Tenant’s Receipts, a general ledger, sales receipts and disbursements journals, sales records and other supporting documentation and full, complete and accurate non-consolidated books of account (i.e., books and records reflecting Tenant’s operations solely at the Premises) (collectively “Tenant’s Records”). Tenant’s Records shall (a) disclose in detail all information reasonably required to permit Landlord to verify Tenant’s Gross Sales, (b) conform to and be in accordance with generally accepted accounting principles consistently applied with respect to all operations of the business conducted from the Premises, (c) be maintained in the English language and (d) be kept and preserved for at least thirty-six (36) months following the end of the Lease Year for which the same pertain (or such longer period, if and while the same may need to be consulted in reference to any dispute or audit, until such dispute or audit has been finally resolved).
Tenant’s Records. 7 SECTION 3.02.
Tenant’s Records. Tenant shall maintain and keep on the Premises or at Tenant’s principal office in California for a period of not less than three (3) years following the end of each year during the Term, adequate records which show Gross Receipts, inventories and receipts of merchandise at the Premises, and daily receipts
