Exclusions from Gross Receipts Sample Clauses

Exclusions from Gross Receipts. Gross Receipts" shall not include the following items; however, such items shall be reported separately to District each month during the term hereof as otherwise provided in this Agreement. i. The net amount of cash or credit refunds or adjustments in fact made upon sales from the Premises, where the merchandise or tickets sold or fees collected or some part of them is returned by the purchaser to and accepted by Lessee (but not exceeding, in any instance, the selling price of the item in question). ii. Exchanges or transfers of merchandise between stores of Lessee, where such exchanges or transfers are made solely for the convenient operation of Lessee’s business and do not have the effect of consummating a sale which has been made in, at, upon or from the Premises or of depriving District of the benefit of a sale which otherwise would have been made at, upon or from the Premises. iii. Returns to shippers or manufacturers. iv. Sales of fixtures, equipment, and other property used after their substantial use in the conduct of Lessee’s business on the Premises. v. The amount of any local, county, state or federal sales, luxury excise or gross receipts taxes now or hereinafter imposed on sales from the Premises where such taxes are paid to the taxing authorities by Lessee (but not by any vendor of Lessee). vi. Interest on deferred payments for merchandise and carrying charges paid by customers were not included in the merchandise sale price. vii. If, after a credit has been included in Gross Receipts, it is written off as a bad debt, the unpaid amount of said credit sale may be deducted from the Gross Receipts made for any calendar year in which said unpaid amount is written off as a bad debt, but any payments thereafter made in connection therewith shall be included in the Gross Receipts for the calendar year in which such payments are made; however, the amount of credit so deducted in any one (1) calendar year may not exceed one percent (1%) of Gross Receipts.
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Exclusions from Gross Receipts. In no event shall the following be ------------------------------ included in Gross Receipts: (a) Advances/Guarantees: Returnable advance payments and security ------------------- deposits, until earned or forfeited, provided, however, that non- returnable advances and guarantees shall be included in Gross Receipts upon receipt.
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Exclusions from Gross Receipts. Notwithstanding anything to the contrary in this Agreement, Gross Receipts shall not include: (i) [*] of any [*] for [*] of the Pictures [*], (ii) receipts of [*] (including without limitation [*]) for the [*] of the Pictures or the [*] thereof [*], (iii) receipts of [*], including without limitation [*] in [*] (as defined in paragraph [*])[*], (iv) receipts from [*] (as defined in paragraph [*]), (v) amounts [*] or for [*] or [*], and similar [*], (vi) amounts [*] on or for [*] or any portion thereof, or the [*] or [*] of [*], including any [*], (vii) receipts from the [*] except as specified in this paragraph or in paragraph [*], (viii) receipts from [*] contributed to [*], and (ix) [*] including [*].
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Exclusions from Gross Receipts. “Gross Receipts” shall not include, or if included, there shall be deducted (but only to the extent they have been included), as the case may be:
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Exclusions from Gross Receipts. Notwithstanding the foregoing, in no event shall Gross Receipts include any of the following: 4.3.2.1 Amounts deposited into the Capital Reserve Fund by Lessee in accordance with Section 5.12 below for the applicable period. 4.3.2.2 Amounts received by Lessee from Sublessees in the form of taxes or governmentally mandated fees, such as, without limitation, sales taxes, excise taxes, rental taxes, City fees, registration fees, rent control or rent stabilization fees, or other amounts collected by Lessee but payable to a governmental agency. 4.3.2.3 Security deposits, cleaning deposits, and the like received by Lessee, except that at such time as any security deposit, or any portion thereof, is applied by Lessee to compensate Lessor for amounts that, if timely paid by Sublessees of the Project, would be included in Gross Receipts pursuant to the foregoing (e.g., unpaid rental, unpaid parking fees), provided the retention of cleaning and/or security deposits for the express purpose of paying for expenses incurred due to a Sublessee’s failure to surrender its premises in the condition required by its Sublease shall not be included in Gross Receipts; 4.3.2.4 Settlements or payments in satisfaction of claims for damage to property, injury or death to persons, faulty construction or maintenance, or other claims or actions (e.g., antitrust, defamation, malicious prosecution) (except for amounts received by Lessee in connection with a Sublessee’s failure to pay rent or any other amounts which would otherwise be included in Gross Receipts, subject to the limitation set forth in Section 4.3.2.13 below); 4.3.2.5 Amounts refunded by Lessee to Sublessees of the Project, such as, by way of example but not limitation, refunds of monthly rent or other deposits. Gross Recipes shall be reduced by any refunds to Sublessees of amounts previously paid to Lessee and included in Gross Receipts; 4.3.2.6 Amounts received from the sales of personal property, fixtures, equipment including, without limitation, equipment, furniture, appliances, etc.; 4.3.2.7 Amounts received from insurance claims, other than rental interruption insurance received by Lessee for the specific purpose of replacing rental amounts which are otherwise included within Gross Receipts; 4.3.2.8 Condemnation proceeds, financing proceeds, and proceeds earned from any assignment of Lessee’s interest in this Lease or in the Premises or from entering into a Major Sublease of the Premises or a portion thereof; 4.3.2.9 ...
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Exclusions from Gross Receipts. Gross Receipts shall exclude: (a) All sales and excise taxes payable by Tenant to Federal, State, County, or municipal governments as a direct result of operations under this Lease; (b) All refunds for goods returned, and refundable deposits; (c) All gift certificates (until and unless redeemed); (d) Any donation of merchandise to benefit charitable organizations; (e) Insurance proceeds, except to the extent such proceeds derive from business interruption or similar insurance that is intended by the parties to cover the Rent payments; (f) Tips and gratuities; (g) Amounts paid to financial institutions or other credit card issuers or facilitators in connection with credit card sales or electronic payments of any kind; (h) Sums deposited in vending machines maintained on the Property, regardless of the ownership of the machine, or whether such sums are removed or counted by Tenant or others; (i) Charge backs for bad debts on non-cash transactions in the year claimed by Tenant for federal income tax purposes, provided that any amount subsequently collected shall be included in the appropriate category of Gross Receipts when collected; (j) Amounts earned by Tenant from activities taking place on the Fee Property but not on the Property, unless otherwise explicitly included in Gross Receipts as defined herein; and (k) Amounts received by Tenant from its subtenants or licensees as reimbursement for Utility Charges, Real Property Taxes and other common area charges.
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Exclusions from Gross Receipts. “Gross Receipts” does not include the following: X. Xxxxx Receipts shall exclude all sales and excise taxes payable by Tenant to Federal, State, and County, CPUC tax or municipal governments as a direct result of operations under this Lease. Refunds for goods returned and deposits shall be deducted from current Gross Receipts upon return. Bad debt losses shall not be deducted from Gross Receipts. X. Xxxxx Receipts derived from particular activities not otherwise provided for above, including but not limited to the sale of goods and services via television, mail order, and/or Internet or similar electronic communications networks, originating (I) from the Premises or (2) from outside the Premises, unless specifically identified with another site owned and operated by the Tenant and disclosed in writing and subject to the approval of the County.
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Related to Exclusions from Gross Receipts

  • Exclusions from Coverage The Long-Term Disability Plan does not cover total disabilities resulting from: A) war, insurrection, rebellion, or service in the armed forces of any country; B) voluntary participation in a riot or civil commotion, except while an employee is in the course of performing the duties of her regular occupation; C) intentionally self-inflicted injuries or illness.

  • EXCLUSIONS FROM WARRANTY This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond Microsoft’s reasonable control.

  • Exclusions from Operating Expenses Notwithstanding any term or condition set forth in this Exhibit or the provisions of the Master Lease or Sublease to the contrary, Operating Expenses shall not include any of the following: (a) Any ground lease rental. (b) Costs incurred by Landlord with respect to goods and services (including utilities sold and supplied to tenants and occupants of the Building) to the extent that Landlord is entitled to direct reimbursement for such costs other than through the operating expense pass-through provisions of such tenants’ leases or which Landlord provides selectively to one or more, but not all, tenants without reimbursement. (c) Costs incurred by Landlord for the repair of damage to the Building and/or the Land to the extent that Landlord is reimbursed by insurance or condemnation proceeds or by tenants, warrantors or other third parties. (d) Costs, including permit, license and inspection costs, incurred with respect to the installation of tenant improvements made for any tenants in the Building or incurred in renovating or otherwise improving, decorating, painting or redecorating vacant space for tenants or other occupants of the Building. (e) Salaries and bonuses of officers, executives and employees of Landlord not employed exclusively at the Building or who are above the level of Building Manager. (f) Depreciation and amortization of any type except on materials, tools and supplies purchased by Landlord to enable Landlord to supply services Landlord might otherwise contract for with a third party, all as determined in accordance with generally accepted accounting practices, consistently applied, and when depreciation or amortization is permitted or required, the item shall be amortized over its useful life. (g) Attorneys’ fees and other costs and expenses incurred in connection with negotiations or disputes with present or prospective tenants or other occupants of the Building (including costs incurred due to violations by tenants of the terms and conditions of their leases). (h) Costs of a capital nature, including, without limitation, capital improvements, capital replacements, capital repairs, capital equipment and capital tools, and any improvements or alterations incurred to comply with any applicable Legal Requirements as set forth in Article 5 of the Master Lease all as determined in accordance with generally accepted accounting practices, consistently applied. (i) Brokerage commissions, finders’ fees, attorneys’ fees and other costs incurred by Landlord in leasing or attempting to lease space in the Building. (j) Expenses in connection with services or other benefits, which are not offered to Tenant, or for which Tenant is charged for directly but which are provided to another tenant or occupant of the Building. (k) Costs incurred by Landlord due to the violation by Landlord of the terms and conditions of any lease of space in the Building. (l) Any cost representing an amount paid to any person, firm, corporation or other entity related to or affiliated with Landlord, which amount is in excess of the amount which would have reasonably been paid in the absence of such relationship for comparable work or services involving the Building or comparable buildings in the general vicinity of the Building. (m) Interest, points, and fees on debt or amortization on any mortgage or mortgages encumbering the Building and/or the Land. (n) Landlord’s general corporate overhead. (o) Subject to the provision set forth in subparagraph (h) above, rental payments incurred in leasing air conditioning systems, elevators or other equipment ordinarily considered to be of a capital nature, except equipment not affixed to the Building which is used in providing janitorial, parking lot maintenance, window washing or similar services. (p) Advertising and promotional expenditures and, except for the Building directory and interior signs identifying retail use tenants and signage for various equipment room and common areas, costs of signs in or on the Building and/or the Land identifying the owner or any tenant of the Building. (q) Costs of overtime or other extraordinary expense to Landlord in performing work which Landlord is obligated to perform under any leases which reasonably could have been avoided through the exercise of ordinary diligence. (r) Taxes and assessments attributable to the tenant improvements of tenants or occupants of the Building which are assessed at a valuation higher than the valuation at which Building standard tenant improvements are assessed to the extent that such taxes or assessments for excess valuation are directly billed to and collected from such tenant or occupants. (s) Penalties and interest incurred as a result of Landlord’s negligence or inability or unwillingness to make tax payments when due including tax penalties and interest, so long as such penalties or interest do not result from Tenant’s breach of this Sublease or Tenant’s failure to make timely payment of any sum due under this Sublease. (t) Any charge or expense to the extent that it is materially in excess of that charged by landlords for similar buildings in the general vicinity of the Premises. (u) Costs due to violation of law. (v) The amount of any deductible with respect to Sublandlord’s insurance, the costs of self insurance or any risk which Landlord has elected to self insure against and premiums for any insurance not carried as of the commencement of the Master Lease or Sublease, but subsequently obtained by Master Landlord or Sublandlord. (w) Any increase of, or reassessment in, real estate taxes and assessments resulting from a sale, transfer or other change in ownership of the Building and/or the Land during the lease term or from any major alterations, improvements, modifications or renovations to the Building and/or the Land or from the addition of additional land area to the project or from Landlord’s failure to secure a property tax reduction to the extent such a reduction was obtained for purposes of establishing the base year or expense stop tax component. (x) Income, profit, franchise, rent, sales, gift, estate, succession, inheritance, foreign ownership, foreign control, transfer, capital levy, and/or personal property taxes payable by Landlord. (y) Costs of correcting defects in construction or equipment or in replacing defective equipment. (z) Any and all costs of Landlord in complying with its obligations under Article 5(b) (entitled “Compliance with Law”) of this Lease. (aa) Any and all costs of Landlord in complying with its obligations under Article 26 (entitled “Environmental Matters”) of this Sublease including, but not limited to, the costs and expenses of clean up, remediation, environmental surveys/assessments, compliance with Environmental Laws (as hereinafter defined), consulting fees, treatment and monitoring charges, transportation expenses and disposal fees, etc. (bb) Any and all costs of Landlord for repairs resulting from damage, destruction or condemnation covered by other provisions of this Sublease. (cc) Any and all costs incurred by Landlord in connection with the transfer or disposition of Landlord’s interest in the Property. (dd) Any and all costs incurred by Landlord in the operation of any specialty operations or facilities at the Building such as any health or exercise club, broadcast facility, rooftop antenna facility, helicopter pad, concierge or any luncheon or other restaurant, club, concession or facility. (ee) If Tenant’s responsibility for Operating Expenses is based upon a “base year” or “expense stop”, any new item or category of expense not included in the base year or expense stop shall not be included in Operating Expenses. (ff) Parking area maintenance, operating costs and real estate taxes for any such parking areas to the extent such costs are offset by parking area revenues. (gg) Initial cost and replacement costs of any permanent landscaping, water features, fountains, artwork, sculptures and other decorative treatments. (hh) Contributions to Operating Expense Reserves. (ii) Any other cost or expense which, under generally accepted accounting principles consistently applied, would not be considered to be an operating expense of the Building or any comparable building.

  • When Must Distributions from a Xxxx XXX Begin Unlike Traditional IRAs, there is no requirement that you begin distribution of your account during your lifetime at any particular age.

  • Gross Receipts The entire amount of all receipts, determined on a cash basis, from (a) tenant rentals collected pursuant to tenant leases of apartment units, for each month during the term hereof; provided that there shall be excluded from tenant rentals any tenant security deposits (except as provided below); (b) cleaning, tenant security and damage deposits forfeited by tenants in such period; (c) laundry and vending machines income; (d) any and all other receipts from the operation of the Project received and relating to the period in question; (e) proceeds from rental interruption insurance, but not any other insurance proceeds or proceeds from third-party damage claims, and (f) any other sums and charges collected in connection with termination of the tenant leases. Gross Receipts also does not include the proceeds of (i) any sale, exchange, refinancing, condemnation, or other disposition of all or any part of the Project, (ii) any loans to Owner whether or not secured by all or any part of the Project, (iii) any capital expenditures or funds deposited to cover costs of operations made by Owner, and (iv) any insurance policy (other than rental interruption insurance or proceeds from third-party damage claims).

  • Exclusions from Indemnification Notwithstanding anything in this Agreement to the contrary, the Company shall not be obligated to: (a) indemnify or advance funds to Indemnitee for Expenses or Losses with respect to proceedings initiated by Xxxxxxxxxx, including any proceedings against the Company or its directors, officers, employees or other indemnitees and not by way of defense, except: (i) proceedings referenced in Section 4 above (unless a court of competent jurisdiction determines that each of the material assertions made by Indemnitee in such proceeding was not made in good faith or was frivolous); or (ii) where the Company has joined in or the Board has consented to the initiation of such proceedings; (b) indemnify Indemnitee if a final decision by a court of competent jurisdiction determines that such indemnification is prohibited by applicable law; (c) indemnify Indemnitee for the disgorgement of profits arising from the purchase or sale by Indemnitee of securities of the Company in violation of Section 16(b) of the Exchange Act, or any similar successor statute; or (d) indemnify or advance funds to Indemnitee for Indemnitee’s reimbursement to the Company of any bonus or other incentive-based or equity-based compensation previously received by Indemnitee or payment of any profits realized by Indemnitee from the sale of securities of the Company, as required in each case under the Exchange Act (including any such reimbursements under Section 304 of the Xxxxxxxx-Xxxxx Act of 2002 in connection with an accounting restatement of the Company or the payment to the Company of profits arising from the purchase or sale by Indemnitee of securities in violation of Section 306 of the Xxxxxxxx-Xxxxx Act).

  • Exclusions from General Release Excluded from the Release are any claims or rights that cannot be waived by law, as well as Executive’s right to file a charge with an administrative agency or participate in any agency investigation. Executive is, however, waiving the right to recover any money in connection with a charge or investigation. Executive is also waiving the right to recover any money in connection with a charge filed by any other individual or by the Equal Employment Opportunity Commission or any other federal or state agency.

  • Exceptions from Liability Without limiting the generality of any other provisions hereof, neither the Custodian nor any Domestic Subcustodian shall be under any duty or obligation to inquire into, nor be liable for:

  • EXCLUSIONS FROM THE BARGAINING UNIT The parties agree that the positions identified as excluded shall be excluded positions for the life of this agreement. Decisions related to additional excluded positions shall be by mutual agreement or shall be resolved by SERB.

  • How Are Distributions from a Xxxx XXX Taxed for Federal Income Tax Purposes Amounts distributed to you are generally excludable from your gross income if they (i) are paid after you attain age 59½, (ii) are made to your beneficiary after your death, (iii) are attributable to your becoming disabled, (iv) subject to various limits, the distribution is used to purchase a first home or, in limited cases, a second or subsequent home for you, your spouse, or you or your spouse’s grandchild or ancestor, or (v) are rolled over to another Xxxx XXX. Regardless of the foregoing, if you or your beneficiary receives a distribution within the five-taxable-year period starting with the beginning of the year to which your initial contribution to your Xxxx XXX applies, the earnings on your account are includable in taxable income. In addition, if you roll over (convert) funds to your Xxxx XXX from another individual retirement plan (such as a Traditional IRA or another Xxxx XXX into which amounts were rolled from a Traditional IRA), the portion of a distribution attributable to rolled-over amounts which exceeds the amounts taxed in connection with the conversion to a Xxxx XXX is includable in income (and subject to penalty tax) if it is distributed prior to the end of the five-tax-year period beginning with the start of the tax year during which the rollover occurred. An amount taxed in connection with a rollover is subject to a 10% penalty tax if it is distributed before the end of the five-tax-year period. As noted above, the five-year holding period requirement is measured from the beginning of the five-taxable-year period beginning with the first taxable year for which you (or your spouse) made a contribution to a Xxxx XXX on your behalf. Previously, the law required that a separate five-year holding period apply to regular Xxxx XXX contributions and to amounts contributed to a Xxxx XXX as a result of the rollover or conversion of a Traditional IRA. Even though the holding period requirement has been simplified, it may still be advisable to keep regular Xxxx XXX contributions and rollover/ conversion Xxxx XXX contributions in separate accounts. This is because amounts withdrawn from a rollover/conversion Xxxx XXX within five years of the rollover/conversion may be subject to a 10% penalty tax. As noted above, a distribution from a Xxxx XXX that complies with all of the distribution and holding period requirements is excludable from your gross income. If you receive a distribution from a Xxxx XXX that does not comply with these rules, the part of the distribution that constitutes a return of your contributions will not be included in your taxable income, and the portion that represents earnings will be includable in your income. For this purpose, certain ordering rules apply. Amounts distributed to you are treated as coming first from your non-deductible contributions. The next portion of a distribution is treated as coming from amounts which have been rolled over (converted) from any non-Xxxx IRAs in the order such amounts were rolled over. Any remaining amounts (including all earnings) are distributed last. Any portion of your distribution which does not meet the criteria for exclusion from gross income may also be subject to a 10% penalty tax. Note that to the extent a distribution would be taxable to you, neither you nor anyone else can qualify for capital gains treatment for amounts distributed from your account. Similarly, you are not entitled to the special five- or ten- year averaging rule for lump-sum distributions that may be available to persons receiving distributions from certain other types of retirement plans. Rather, the taxable portion of any distribution is taxed to you as ordinary income. Your Xxxx XXX is not subject to taxes on excess distributions or on excess amounts remaining in your account as of your date of death. You must indicate on your distribution request whether federal income taxes should be withheld on a distribution from a Xxxx XXX. If you do not make a withholding election, we will not withhold federal or state income tax. Note that, for federal tax purposes (for example, for purposes of applying the ordering rules described above), Xxxx IRAs are considered separately from Traditional IRAs.

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