DEFINITION OF "GROSS REVENUE. As used in this Agreement, the term "Gross Revenue" means all revenue you derive from operating the BUSINESS, and whether from cash, check, credit, barter, or other transactions, but excluding all federal, state or municipal sales, use or service taxes collected from customers and paid to the appropriate taxing authority and excluding customer refunds, adjustments, credits and allowances actually made by the BUSINESS in compliance with "The Methods of Operation" (defined in Article 4.5).
DEFINITION OF "GROSS REVENUE. For purposes of this Agreement, the term "Gross Revenue" includes the total during any month of all sales, monies, revenues, charges and receipts received by Franchisee or any other person which are derived from services sold at the Fitness Center and from all sales and orders made, solicited or received at the Fitness Center, and from all other business whatsoever conducted at or from the Fitness Center or related in any way to the Fitness Center, whether such revenues are evidenced by cash, credit (and regardless of collection in the case of credit), checks, credit cards, gift certificates, scrip, coupons, services, property or other means of exchange, and whether such sales are of vending or coin operated machine items, services, merchandise or products of any nature whatsoever. However, Gross Revenue shall not include (i) sales taxes or other taxes measured on the basis of the Gross Revenue of the business imposed by governmental authorities directly on sales and collected from clients, provided the taxes are added to the selling price and are in fact paid by Franchisee to the appropriate governmental authorities; and (ii) sales for which refunds have been made to clients to the extent that such sales have been previously included in Gross Revenue for which a Continuing Service Fee was paid.
DEFINITION OF "GROSS REVENUE. “Gross Revenue” means the revenue received by Lessee from Lessee’s operations at the Premises (or the operations of any sublessee occupying the entire Premises for all or substantially all of the remaining term), including, without limitation goods or services sold in or from the Premises by Lessee, whether for cash or for credit, excluding, however, the following: (A) the sales price of all goods returned and accepted for full credit or the amount of the cash refund or allowance made thereon; (B) the sums and credits received in settlement of claims for loss or damage to goods stored at the Premises; (C) sales taxes, cannabis related taxes excise taxes, gross receipt taxes, and other taxes now or hereafter imposed upon the sale or value of goods or services, whether added separately to the selling price of the merchandise or services and collected from customers or included in the retail selling price; (D) Lessee’s accounts receivable, not to exceed two percent (2%) of Gross Revenue, which have been determined to be uncollectible for federal income tax purposes during the Lease Year, provided, however, that if such accounts are actually collected in a later Lease Year, the amount shall be included in the Gross Revenue for such later Lease Year; or (E) rents, subrents or other consideration received in connection with an assignment, sublease, license, concession or other transfer of any portion of the Premises. For avoidance of doubt, Gross Revenue shall in no event include the value of goods or services sold by any sublessee of the Premises, who is not affiliated with Lessee unless the sublease is of the entire Premises, and in the case of affiliates, such Gross Revenue will not be included unless such sublease is entered into in bad faith to avoid or reduce payment of Operating Rent hereunder.
DEFINITION OF "GROSS REVENUE x. Xxxxx revenue. Save as otherwise stated in paragraph 9, gross revenue shall comprise 100% (100%) of any income, money or other consideration (to the extent that a present value can be attributed to such other compensation) actually provided by Disney and its affiliates (including any affiliates acting as subdistributors) of the exploitation of (i) the Image, or elements or parts thereof, in all media and markets throughout the universe (including without limitation) , theatrical, non-theatrical, home video and all forms of television), whether known or conceived below, and (ii) any additional rights relating to such an image or a derivative works based on such an image. Without limiting the generality of the foregoing, gross revenue, but not limited to [*], income from [*] that [*] (or the [*] if they receive more than one [*]) and income for [*] on or in [*] of one of the Images. With regard to [*] which is not yet known or conceived, other [*] or [*] which are not currently [*] or [*] shall be included in the gross revenue if and to the extent that such inclusion complies with the provisions of this Agreement. Gross revenue shall be calculated using the [*] so that [*] (to the extent [*]) [*] [*] are if the [*] Disney has not yet taken place for the [*] Disney can [*] only fix for [*] and [*] for [*] and [*] ] (subject to paragraph 11, (e), provided that (1) such [*] of gross revenue of [*] less [*] or [*] of the gross revenue of [*] minus [*], (2) These [*] are [*] within a reasonable period of time no more than [*] and [*] for [*] , and (3) [*] [*] on each [*] part of [*], at the rate referred to in paragraph 24, from the centre of the applicable ------- [*] certain information on that page has been omitted and submitted separately to the Commission. Confidentiality has been requested in relation to the omitted sections. -12- 17 months or quarter in which [*] until [*] [*] is [*]. To the extent that [*] receives a [*] from the date [*] to [*] in gross revenue, at the rate referred to in paragraph 24. B. Exclusions from gross income. By way of derogation from the contrary to this Agreement, gross revenue does not include: (i) [*] of [*] for [*] of the images [*], (ii) receipts of [*] (including unlimited [*]) for the of the images or [*] thereof [*], (iii) revenue
