Gross Receipts Defined. As used herein, the term “Gross Receipts” shall include all revenue derived from the sale of products, services, merchandise and all revenue transactions from Leased Premises, whether delivered on or off the Airport, and whether paid for in cash or credit, and regardless of when or whether paid for or not, except only as explicitly excluded hereunder. Excluded from Gross Receipts shall be:
a) Federal, state, county, and municipal sales taxes or other taxes separately stated and collected from customers;
b) Actual credit card transaction fees not to exceed three percent (3%) for any given transaction;
c) Receipts from the sale of or the trade-in value of any Trade Fixtures;
d) Receipts from, the value of, or the sale of, any supplies or equipment to another operation or affiliate of Company, whether or not located at the Airport; provided such sale is incidental to or not made for the purpose of circumventing the fee provisions of this Agreement.
e) Receipts in the form of refunds from or the value of merchandise, supplies, or equipment returned to shippers, suppliers, or manufacturers;
f) Cost or value of meals provided without charge to employees of Company or the amount of any discount ,if any, given to Airport employees, employees of Company or employees of other tenants of the Airport;
g) The amounts of any gratuities paid or given by patrons or customers to employees of Company, so long as such gratuities are voluntary and not included in the invoices to such patrons or customers.
h) Receipts from the sale of uniform or clothing to Company’s employees whether such uniforms or clothing are required to be worn by said employees. Except as herein above specified, if any charge for any of the products or services provided hereunder is not assessed, charged, or collected, irrespective of the reason therefore, the proper amount of such charge shall, nevertheless, be included in the term “Gross Receipts” as the same is used in this section. Further, no deduction shall be made from Gross Receipts by reason of any credit loss, charge, or deduction that may be incurred by reason of the acceptance or use of credit cards or other charge or charge arrangements.
Gross Receipts Defined. The term “Gross Receipts” as used herein is hereby defined to mean receipts from gross sales net any applicable sales or use tax and returns and Virtual Print Fees from all business conducted at, in, on, from or arising out of the Premises by Tenant and all others (including all licensees, concessionaires and tenants of Tenant), regardless of whether delivery or performance is made from the Premises or from some other place and whether made or performed by mail, telephone, internet or other electronic means and whether such sales be evidenced by check, credit, charge account, exchange or otherwise, and shall include, but not be limited to, the amounts received from the sale of food items, concessions, tickets and for services performed on or off the Premises, together with the amount of all orders taken or received at the Premises, whether such orders be filled from the Premises or elsewhere, and whether such sales be made by means of merchandise or other vending devices in the Premises. Gross Receipts shall not include: (i) sales of trade fixtures after use thereof, which are not part of Tenant’s stock in trade and not sold in the regular course of Tenant’s business; (ii) cash or credit refunds to purchasers returning merchandise purchased at the Demised Premises (but not for returns of merchandise sold at any other store, by catalog or over the internet) but not exceeding the selling price of the merchandise returned by the purchaser and accepted by Tenant; and (iii) the amount of any local, county, state or federal sales, luxury or excise tax on such sales, provided such tax is paid to the taxing authority by Tenant (but not by any vendor of Tenant); provided, however, no franchise or capital stock tax and no income or similar tax based upon income, profits or gross sales as such, shall be deducted from Gross Sales in any event whatsoever.
Gross Receipts Defined. As used in this Agreement, "Gross Receipts" ---------------------- shall include all amounts received by Franchise Owner in connection with the operation of the Franchised Business other than amounts collected from compounding services rendered for other franchise owners of Franchisor. "Gross Receipts" includes, without limitation, amounts collected for Core Therapies and Permitted Therapies, even if such Therapies are added to the System subsequent to the execution of this Agreement. "Gross Receipts" also include, without limitation, all amounts collected, regardless of whether the patient to whom goods or services were provided resided within or outside of the Territory. "Gross Receipts" shall also include, without limitation, all payments to Franchise Owner under any business interruption insurance or similar insurance policy, and income of every kind and nature related to the Franchised Business. "Gross Receipts" shall not, however, include any taxes collected by Franchise Owner for transmittal to appropriate taxing authorities.
Gross Receipts Defined. The term “
Gross Receipts Defined. Deleted.
Gross Receipts Defined. The term "gross receipts," as used herein, shall include all charges, sales, fees and commissions made or earned by Tenant, its assignees, sublessees, licensees and permittees, whether collected or accrued, from any business, use or operation, or any combination thereof, originating, transacted or performed, in whole or in part, on Parcels Nos. 1 and 4 of the premises pursuant to this Agreement. "Gross receipts" includes, but is not limited to, monies collectible from rentals, services, and the sale or delivery of goods, wares and merchandise, exclusive of retail sales taxes, excise taxes and other direct taxes on the consumer. Gross receipts shall not include the amount of any sale of trade fixtures or operating equipment after use thereof in the conduct of Tenant's business at the premises; all sums and credits received in the settlement of claims for loss or damage to merchandise; the proceeds of casualty insurance; and contingent revenues as defined in subparagraph (e) below from claims arising prior to the effective date of this amendment. No set off or deduction against gross receipts is permitted unless provided herein.
Gross Receipts Defined. Gross Receipts" shall include all receipts, whether by coin or currency, on account, by check or credit card, collected or uncollected, whether conducted on or off airport, derived by Concessionaire as a result of its operation of the concession rights herein granted, without any exclusion whatever, except those expressly permitted under Sections 4.9.A. through 4.
Gross Receipts Defined. (Intentionally Omitted) ----------------------
Gross Receipts Defined. For the purposes of subsections 6.1(a), (b) and above, “gross receipts” means all amounts derived, received, or charged by any sublessee, subtenant, concessionaire, licensee, or any other person, firm or corporation (herein called “subtenant”) or by Tenant, for fish purchased, or for sales, charges for service, for the use of space made in or on the Premises, or from any and all sources of income derived in whole or in part from any business transacted in, at or from the Premises, whether from subtenants, customers, or otherwise, both for cash and on credit, and in cases of sales or charges on credit, whether or not payment is actually made. Gross Receipts shall include, without limitation, all:
(i) Deposits not refunded;
(ii) Orders taken on or from the Premises to be filled or paid for elsewhere;
(iii) Sales or charges for all services performed, whether such sales are made or such services are rendered at or arranged through the occupied space at the Premises by long distance communication and whether initiated, performed, or completed at another location;
(iv) Consideration received by Tenant for value directly from customers, and from subtenants, including subrents;
(v) Income from off-site processing of fish unloaded at the Premises. Each sale or charge for service or use of space on credit or in installments shall be treated as a sale or charge for the total price in the calendar year for which the sale or charge is made whether or not any payments are made within that year.
Gross Receipts Defined. For all purposes hereof, the term "
