Common use of Gross Receipts Clause in Contracts

Gross Receipts. GROSS RECEIPTS", sometimes called Gross Revenues or Gross Sales, shall include all monies paid or payable to Concessionaire for sales made and for services rendered at or from the Premises, to include catering and internet sales, regardless of when or where the order therefor is received (including outside the Premises), and any other receipts, credits, rebates, allowances, or revenues of any type arising out of or in connection with Concessionaire's operations (or those operations of Concessionaire's agents) at the Premises, including, but not limited to, branding fees, marketing fees, merchandising fees, promotional allowances, retail display allowances (RDA), and any type of ancillary advertising or product placement fees/allowances, provided, however, that Gross Receipts shall not include: 1. Any taxes imposed by law which are separately stated to and paid by a customer and directly payable to the taxing authority by Concessionaire; 2. Amounts and credits received in settlement of claims for loss of, or damage to merchandise; 3. Amounts and credits received from suppliers for products and merchandise returned by Concessionaire; 4. Receipts that are later refunded to a customer for merchandise returned; 5. Insurance proceeds; 6. Bulk sales as defined by the U.C.C; 7. Tax rebates; 8. Inter-store transfers; and 9. Amounts for coupons and other forms of discounts (including, but not limited to, complimentary customer and employee meals), such that only the amounts actually received are ultimately included in Gross Receipts. When properly recorded and accounted for, Concessionaire may also deduct from Gross Receipts the Mixed Beverage Gross Receipts Taxes paid to the State of Texas and levied as a percentage of the amounts charged by Concessionaire for mixed beverages, provided Concessionaire lists said Mixed Beverage Gross Receipts Taxes on reports of Gross Receipts submitted to the Board.