Definition of Gross Revenues. The term "
Definition of Gross Revenues. The definition of “Gross Revenues” in Article II of the Franchise Agreement is hereby deleted in its entirety and replaced with the following: Gross Revenues means all money or things of value, calculated at their market value in United States currency, received or receivable (earned but not yet received), by Franchisee, directly or indirectly, in connection with the Franchised Business (earned in compliance with all laws) including transactions and services that require a real estate license and/or in which Franchisee uses the Service Marks or the System in any manner. “Gross Revenue” shall be accounted and booked in accordance with United States Generally Accepted Accounting Principles. “Gross Revenue” will include all such revenue before the deduction of any fees, costs or expenses Franchisee incur (including, without limitation, commissions, referral fees or other things of value, without deducting Franchisee’s costs or expenses, multiple listing fees, commissions, salaries, overrides or bonuses payable to its salespersons or employees), except that “Gross Revenues” shall specifically exclude: (a) commissions from Residential Property Management Activities, subject to the terms of Section 18.10, (b) “Agent Fees” paid directly by Franchisee’s own independent contractor sales agents to Franchisee (that do not decrease or otherwise affect the amount of any commission Franchisee receives from closed transactions), and (c) referral fees Franchisee pays to: (I) other licensed brokers operating under a Berkshire Hathaway HomeServices brand or Prudential Real Estate brand franchise agreement; (II) any referral networks owned or operated by BHH Affiliates, LLC ; or (III) brokers or referral networks not related to BHH Affiliates, LLC (“Out-of-Network Referral Fees”).
Definition of Gross Revenues x. Xxxxx Revenues shall mean, for all purposes in this Agreement, all monies paid to LESSEE or considerations of determinable value received from customers and clients by LESSEE, and any affiliate or subsidiary companies, concessionaires, licensees, permitees or sub-lessees conducting any business from or upon the Premises, after discounts and coupons deducted at the time of sale, for:
1) Lodging;
2) Sales of all food and beverages, including catering;
3) Meeting room rentals;
4) Vehicle parking for hotel guests;
5) Any and all additional sales or services not expressly excluded in this Section.
b. Only the following shall be excluded from the term “Gross Revenues”:
1) Packaged food and beverage products dispensed from vending machines;
2) Credits or refunds made to customers;
3) Insurance proceeds received by LESSEE in settlement of claims for loss or damage to the Premises or personal property;
4) Sales taxes or other taxes of a similar or equivalent nature paid to or collected by LESSEE on behalf of any taxing governmental agency.
Definition of Gross Revenues. For purposes of this Agreement, the following definitions shall be applicable:
Definition of Gross Revenues. “Gross Revenues” means the aggregate amount of (i) all fees and other revenue that Purchaser actually receives from any source following the Closing Date, (ii) the then-current fair market value of (x) the Purchased Assets, or (y) the Business (as a going concern) or portion thereof sold or otherwise transferred to an Affiliate of Purchaser and/or Xxxx Xxxxxxxx, and (iii) the proceeds from the sale or other disposition by Purchaser to any other third party of all or any portion of (x) the Purchased Assets and/or (y) the Business as a going concern following the Closing Date
Definition of Gross Revenues. Gross revenues shall be determined pursuant to generally accepted accounting principles and shall include revenues from operations but exclude capital contributions and borrowed funds.
Definition of Gross Revenues. “Gross Revenue” or “Gross Revenues” shall mean any and all revenues or receipts derived from the Cable System or the operation thereof to provide Cable Services within the Franchise Area, including cash, credits, property or other consideration of any kind or nature, and collected by Grantee. Gross Revenues shall be recognized according to GAAP, to include, without limitation, recurring monthly charges for Cable Services; event-based charges for video services including, but not limited to, Pay-Per-View Event(s), Pay-Per-View Movie(s), Premium Channels and video-on-demand charges; charges for the rental or sale of set top boxes and other Cable Services or video service related equipment; service charges related to the provision of Cable Services, including, but not limited to, service order, installation, connection and service termination charges; and advertising revenue. Gross Revenue shall include any such revenue or receipts received by any Affiliate of the Grantee where such revenue or receipts in the ordinary course of business should have, according to existing practices, been paid to Grantee in connection with the operation of its Cable System within Grantor’s Franchise Area. Gross Revenues shall not include the following:
Definition of Gross Revenues. “Gross Revenue” or “Gross Revenues” shall mean any and all revenues or receipts derived from the Cable System or the operation thereof to provide Cable Services within the Franchise Area, including cash, credits, property or other consideration of any kind or nature, and collected by Grantee. Gross Revenues shall be recognized according to GAAP, to include, without limitation, recurring monthly charges for Cable Services; event-based charges for video services including, but not limited to, Pay-Per-View Event(s), Pay-Per-View Movie(s), Premium Channels and video-on-demand charges; charges for the rental or sale of set top boxes and other Cable Services or video service related equipment; service charges related to the provision of Cable Services, including, but not limited to, service order, installation, connection and service termination charges; and advertising revenue. Gross Revenue shall include any such revenue or receipts received by any Affiliate of the Grantee where such revenue or receipts in the ordinary course of business should have, according to existing practices, been paid to Grantee in connection with the operation of its Cable System within Grantor’s Franchise Area. Gross Revenues shall not include the following: (1) any taxes, fees, or assessments that are collected by the video service provider from video service Subscribers for pass-through to any federal, state, or local government agency, including the Franchise Fee authorized under Article II, Sections 10.A (Franchise Fee), 10.C (Opt-Out Applications – Franchise Fee) and 10.D (Payment of Franchise Fee); (2) uncollectible charges, except that uncollectible charges, all or part of which are written off as bad debt but subsequently collected, less the expenses of their collection shall be included in gross revenue in the quarter collected; (3) late payment charges; (4) maintenance charges; (5) charges for services other than Cable Service, reasonably identifiable on books or records the Grantee kept in the regular course of business or by other reasonable means, that are aggregated or bundled with amounts billed to Cable Service Subscribers, including, but not limited to, any revenue received by Grantee or its Affiliates for Non-Cable Services or the provision of directory or internet advertising, including yellow pages, white pages, banner advertising, and electronic publishing; and (6) reimbursement by programmers of marketing costs actually incurred by the video service provider.
Definition of Gross Revenues. The provisions of this Section shall commence and apply to vehicle reservations made in the course of Tenant’s business (the “Reservations”) made or booked after the Commencement Date.
Definition of Gross Revenues. The following definition of Gross Revenues shall be used for purposes of calculating Percentage Rent pursuant to Section 4.2.
