Definition of Gross Sales. The term "
Definition of Gross Sales. Gross Sales shall mean the amount of sales of all products and services sold in, on, about or from the Restaurant, together with any other revenues derived from the operation of the Restaurant, whether by Franchisee or by any other person, whether or not in accordance with the terms hereof, and whether for cash or on a charge, credit, barter or time basis, including, but not limited to, all such sales and services (i) where orders originate and/or are accepted by Franchisee in the Restaurant but delivery or performance thereof is made from or at any place other than the Restaurant or (ii) pursuant to telephone or other similar orders received or filled at or in the Restaurant. For purposes of determining the Royalty Fee and Advertising Fee, there shall be deducted from Gross Sales: (a) the amount of refunds, allowances or discounts to customers (including coupon sales) up to 5% of the Gross Sales, provided the related sales have previously been included in Gross Sales; and (b) the amount of any excise or sales tax levied upon retail sales and paid over to the appropriate governmental authority.
Definition of Gross Sales. The term "Gross Sales" shall mean and include the entire amount of the sales price, whether for cash or otherwise, of all sales of merchandise (including gift and merchandise certificates), services and all other receipts whatsoever of all business conducted in or from the Premises, whether by Tenant or a subtenant, assignee, concessionaire or other occupant, including mail or telephone orders received or filled at the Premises, deposits not refunded to purchasers, orders taken at the Premises (although such orders may be filled elsewhere), sales to employees, sales through vending machines or other mechanical devices or which Tenant in its normal and customary course of business would credit or attribute to its business in the Premises. Each installment or credit sale 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 from its customer. No deduction shall be allowed for uncollected or uncollectible credit accounts. Gross Sales shall not include (1) any sums collected and paid for any sales or excise tax imposed by any duly constituted governmental authority where the amount of such tax is separately charged to the customer, (2) the exchange of merchandise between the stores of Tenant, if any, where such exchanges of goods or merchandise are 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 at, in, from or upon the Premises and/or for the purpose of depriving Landlord of the benefit of a sale which otherwise would be made at, in, from or upon the Premises, (3) the amount of returns to shippers or manufacturers, (4) the amount of any cash or credit refund made upon any sale where the merchandise sold, or some part thereof, is thereafter returned by the purchaser and accepted by Tenant or (5) sales of Tenant's fixtures. Gross Sales shall exclude complimentary food and beverage for the manager, employees and partners of Tenant, but not to exceed in the aggregate 2% of Gross Sales.
Definition of Gross Sales. The term "Gross Sales" as used in this Lease means the actual sale price of all goods, wares and merchandise sold in, upon or from any part of the Premises, including actual receipts from services rendered by Tenant as well as the total actual sales and services rendered by any licensee, subtenant or concessionaire occupying any portion of the Premises, all of which Tenant covenants shall be recorded on the books of Tenant provided, however, that the term "Gross Sales" shall not be deemed to mean and there shall be deducted or excluded, as the case may be, from "Gross Sales" amounts representing: 7.
Definition of Gross Sales. As used in this Agreement, the term “Gross Sales” means the total actual gross charges for all products (food and non-food) and services sold to customers of the Restaurant for cash or credit, whether these sales are made at or from the Restaurant premises, or any other location. Gross Sales also includes any remuneration or monies you receive from the sale, lease, barter or creation of any products or services bearing our Marks or which are directly or indirectly related to the Restaurant, regardless from where such activities take place (i.e., internet sales, etc.). However, any amounts that you collect and transmit to state or local authorities as sales, use or other similar taxes are excluded from the definition of Gross Sales.
Definition of Gross Sales. The term “Gross Sales,” as used in this Agreement, shall mean the total revenues derived by Franchisee in and from all IHOP restaurants in the Franchised Area, operated by virtue of this Agreement whether operated by Franchisee or a subfranchisee (which restaurants are hereinafter referred to as “Franchised Restaurants”), whether for cash sales of food and other merchandise or otherwise (whether or not payment is received
(a) all refunds and allowances, if any; (b) any sales or excise taxes which are separately stated and which the Franchisee or its subfranchisees collects from customers and pays to any federal, state or local taxing authority; and (c) any amounts deposits in any vending machines or pay telephones which are located in or about the Franchised Restaurants.
Definition of Gross Sales. For the purpose of determining the Percentage Rent to be paid hereunder, "Gross Sales" shall mean the total receipts (determined at the time of sale) from all merchandise and services sold or rendered in the Premises by Tenant or any subtenant, concessionaire, or licensee, whether for cash or on a charge, credit or time basis (without reserve or deduction for inability or failure to collect), less the selling price of any goods returned by any customer (to the extent that the selling price of any such returned goods has been included in Gross Sales) and less that part of the sales price of merchandise which is paid by the trading in of other merchandise of the customer (although the proceeds from the subsequent sale of such trade-in merchandise shall be included in Gross Sales hereunder) and further expressly excluding the following:
Definition of Gross Sales. “Gross Sales” shall mean the entire amount of the sales prices of all goods and merchandise sold (including gift and merchandise certificates when redeemed), and the charges for all services and all other receipts in, on or from any part of the Leased Premises, whether for cash or credit, and shall include telephone orders received or filled at the Leased Premises, orders taken from the Leased Premises, although the orders may be filled elsewhere, and all monies or other things of value which Tenant is entitled to receive from food and beverage sales from the Leased Premises. The following shall be deducted or excluded, as the case may be, from Gross Sales: (a) refunds to customers; (b) sales, use, excise, retailer’s, occupation, alcoholic beverage or similar taxes imposed in a specific amount, or percentage upon, or determined by, the amount of sales if actually paid to the taxing authority; (c) returns to shippers and manufacturers; (d) sales not in the ordinary course of Tenant’s business, or machinery, furnishings or equipment which Tenant removes from the Leased Premises; and (e) the value of any exchange or transfer of merchandise between stores of Tenant if it is made solely for the convenient operation of Tenant’s business and not for consummating a sale made at the Leased Premises.
Definition of Gross Sales. Gross Sales" is defined as all sales generated through the Franchised Business including fees for any and all services you perform, whether for cash or credit (regardless of collectability), and xxxxxxxx of every kind or nature related to the Franchised Business; provided, however, that "Gross Sales" shall not include any sales tax or other taxes collected from your customers for transmittal to the appropriate taxing authority.
Definition of Gross Sales. The term "Gross Sales" as used herein shall mean the total amount of the actual total sales price (whether for cash or on credit or partly on credit) of all sales or rentals of goods, wares, merchandise, services, and all credit charges and all other receipts and revenues from business conducted in or from the Retail Space, including, but not limited to, all sales to employees of Tenant, all mail or telephone orders received or filed at or from the Retail Space, all deposits not refunded to purchasers, all orders taken at the Retail Space whether or not said orders are filled elsewhere, all receipts or sales through any vending machine or other coin operated machine or device, and all sales and revenues by any sublessee, occupant, concessionaire, licensee and any other party or parties in any way using the Retail Space. Gross Sales shall not include any sums collected and actually paid by Tenant for any sales or retail excise tax imposed by any duly constituted governmental authority, refunds, returns and allowances; amounts received for merchandise transferred to any other place of business of Tenant and service charges on credit card sales. Each sale upon installment or credit shall be treated as a sale for the full price in the month in which such sale shall be made, irrespective of the time when Tenant shall receive payment.
