Common use of Gross Receipts Clause in Contracts

Gross Receipts. For purposes of this Lease, “Gross Receipts” shall include the amounts generated from the sale of all foods and beverages at the Demised Premises, whether sold for consumption or use in or out of the Demised Premises. Notwithstanding the foregoing, Gross Receipts shall not include refunds to customers, the cost of meals sold to employees of the Lessee, sales taxes, excise taxes or other taxes that are collected from patrons and paid directly to the appropriate governmental agency by the Lessee and the amount of any discount from the regular price of all items sold within the Demised Premises as a result of redemption or honoring of coupons or other similar promotions. However, no franchise or capital stock tax or income or similar tax, measured or based on income or profits to the Lessee, or any tax which forms a part of the cost of Lessee, shall be deducted from Gross Receipts. Gross Receipts shall also not include: taxes or assessments on Rent or other charges, if any paid by the Lessee (Gross Receipts taxes levied on the Lessee in connection with the operations of its business in the Demised Premises); sales of the Lessee’s own fixtures and equipment; deposits from the Lessee’s customers; bad debts; delivery charges or any service rendered at cost or approximately at cost for the convenience of customers; promotional offerings and charitable collections; sums and credits received in the settlement of claims for loss of or damage to the merchandise; charges on credit card sales (not in excess of 2% of Gross Receipts in any one year); gift cards (except if and to the extent redeemed at the Demised Premises); insurance proceeds received from the settlement of claims for loss of or damage of goods, fixtures and other personal property of the Lessee; service charges payable to the Lessee on accounts receivable; and transfers or exchanges of merchandise for the convenience of customers or between stores or warehouses of the Lessee. Separate books and records of account (hereinafter collectively referred to as the “Records”) shall be maintained by the Lessee in an electronic format for its Use in the Demised Premises on a uniform basis in accordance with Generally Accepted Accounting Principles (“GAAP”). The Records must be kept for the balance of the calendar year in which they were made and for six (6) additional years thereafter. The State Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, as well as the agency or agencies involved in this Lease, shall have access to the Records during Normal Business Hours, as that term is defined in Section 14 of this Lease, at an office of the Lessee within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. Notwithstanding anything to the contrary contained in this Lease, the Lessee shall not be required to alter its record-keeping practices or accounting system to conform to the State’s requirements for reporting its sales. In particular, the Lessee shall not be required to keep or produce serially numbered cash register tapes or other voluminous records. The Lessee agrees that it shall keep, at its corporate headquarters (or such other place as the Lessee may designate), accurate records in the computer medium then used by the Lessee showing Lessee’s sales, and the Lessee shall produce computer-generated reports based on such records in accordance with the reporting requirements of this Lease. The Lessee shall make available for inspection and audit by the State or its designee, during Normal Business Hours, as that term is defined in Section 14 of this Lease, separate and uniform books and complete records, in an electronic format, pertaining to the Use in the Demised Premises and shall additionally, on an annual basis, within one hundred twenty (120) days after the conclusion of each annual period of the Term of this Lease Agreement, provide the State with a composite fiscal analysis of the Demised Premises. The Parties understand that the State is subject to the requirements of the Freedom of Information Law (FOIL), and therefore, its records are presumptively subject to disclosure unless specifically exempted by statute. However, in accordance with New York State Public Officers Law §89(5) (a) (3), any information that the Lessee requests be excepted from disclosure pursuant to New York State Public Officer’s Law §87 (2) (d) will be maintained apart from all other records. In the event that a FOIL request is made for such information, the State will contact the Lessee in an effort to determine the extent to which those records might properly be exempted from disclosure under New York State Public Officer’s Law §87 (2)(d).

Gross Receipts. For purposes of this Lease, “Gross Receipts” shall include be defined as the amounts generated from the sale of all foods and beverages at the Demised Premises, whether sold for consumption or use in or out of the Demised Premises. Notwithstanding the foregoing, Gross Receipts shall not include refunds to customers, the cost of meals sold to employees of the Lessee, sales taxes, excise taxes or other taxes that are collected from patrons and paid directly to the appropriate governmental agency by the Lessee and the amount of any discount from the regular price of all items sold within the Demised Premises as a result of redemption or honoring of coupons or other similar promotions. However, no franchise or capital stock tax or income or similar tax, measured or based on income or profits to the Lessee, or any tax which forms a part of the cost of Lessee, shall be deducted from Gross Receipts. Gross Receipts shall also not include: taxes or assessments on Rent or other charges, if any paid by the Lessee (Gross Receipts taxes levied on the Lessee in connection with the operations of its business in the Demised Premises); sales of the Lessee’s own fixtures and equipment; deposits from the Lessee’s customers; bad debts; delivery charges or any service rendered at cost or approximately at cost for the convenience of customers; promotional offerings and charitable collections; sums and credits received in the settlement of claims for loss of or damage to the merchandise; charges on credit card sales (not in excess of 2% of Gross Receipts in any one year); gift cards (except if and to the extent redeemed at the Demised Premises); insurance proceeds received from the settlement of claims for loss of or damage of goods, fixtures and other personal property of the Lessee; service charges payable to the Lessee on accounts receivable; and transfers or exchanges of merchandise for the convenience of customers or between stores or warehouses of the Lessee. Separate books and records of account (hereinafter collectively referred to as the “Records”) shall be maintained by the Lessee in an electronic format for its Use Use, as that term is defined in Section 4 of this Lease, in the Demised Premises on a uniform basis in accordance with Generally Accepted Accounting Principles (“GAAP”). The Records must be kept for the balance of the calendar year in which they were made and for six (6) additional years thereafter. The State Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, as well as the agency or agencies involved in this Lease, shall have access to the Records during Normal Business Hours, as that term is defined in Section 14 of this Lease, at an office of the Lessee within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. Notwithstanding anything to the contrary contained in this Lease, the Lessee shall not be required to alter its record-keeping practices or accounting system to conform to the State’s requirements for reporting its sales. In particular, the Lessee shall not be required to keep or produce serially numbered cash register tapes or other voluminous records. The Lessee agrees that it shall keep, at its corporate headquarters (or such other place as the Lessee may designate), accurate records in the computer medium then used by the Lessee showing Lessee’s sales, and the Lessee shall produce computer-generated reports based on such records in accordance with the reporting requirements of this Lease. The Lessee shall make available for inspection and audit by the State or its designee, during Normal Business Hours, as that term is defined in Section 14 of this Lease, separate and uniform books and complete records, in an electronic format, pertaining to the Use Use, as that term is defined in Section 4 of this Lease, in the Demised Premises and shall additionally, on an annual basis, within one hundred twenty (120) days after the conclusion of each annual period of the Term of this Lease Agreement, provide the State with a composite fiscal analysis of sales made from the Demised Premises. The Parties understand that the State is subject to the requirements of the Freedom of Information Law (FOIL), and therefore, its records are presumptively subject to disclosure unless specifically exempted by statute. However, in accordance with New York State Public Officers Law §89(5) (a) (3), any information that the Lessee requests be excepted from disclosure pursuant to New York State Public Officer’s Law §87 (2) (d) will be maintained apart from all other records. In the event that a FOIL request is made for such information, the State will contact the Lessee in an effort to determine the extent to which those records might properly be exempted from disclosure under New York State Public Officer’s Law §87 (2)(d).

Gross Receipts. For purposes of this Lease, “Gross Receipts” shall include the amounts generated from the sale of all foods and beverages at the Demised Premises, whether sold for consumption or use in or out of the Demised Premises. Notwithstanding the foregoing, Gross Receipts shall not include refunds to customers, the cost of meals sold to employees of the Lessee, sales taxes, excise taxes or other taxes that are collected from patrons and paid directly to the appropriate governmental agency by the Lessee and the amount of any discount from the regular price of all items sold within the Demised Premises as a result of redemption or honoring of coupons or other similar promotions. However, no franchise or capital stock tax or income or similar tax, measured or based on income or profits to the Lessee, or any tax which forms a part of the cost of Lessee, shall be deducted from Gross Receipts. Gross Receipts shall also not include: taxes or assessments on Rent or other charges, if any paid by the Lessee (Gross Receipts taxes levied on the Lessee in connection with the operations of its business in the Demised Premises); sales of the Lessee’s own fixtures and equipment; deposits from the Lessee’s customers; bad debts; delivery charges or any service rendered at cost or approximately at cost for the convenience of customers; promotional offerings and charitable collections; sums and credits received in the settlement of claims for loss of or damage to the merchandise; charges on credit card sales (not in excess of 2% of Gross Receipts in any one year); gift cards (except if and to the extent redeemed at the Demised Premises); insurance proceeds received from the settlement of claims for loss of or damage of goods, fixtures and other personal property of the Lessee; service charges payable to the Lessee on accounts receivable; and transfers or exchanges of merchandise for the convenience of customers or between stores or warehouses of the Lessee. Separate books and records of account (hereinafter collectively referred to as the “Records”) shall be maintained by the Lessee in an electronic format for its Use Use, as that term is defined in Section 4 of this Lease, in the Demised Premises on a uniform basis in accordance with Generally Accepted Accounting Principles (“GAAP”). The Records must be kept for the balance of the calendar year in which they were made and for six (6) additional years thereafter. The State Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, as well as the agency or agencies involved in this Lease, shall have access to the Records during Normal Business Hours, as that term is defined in Section 14 of this Lease, at an office of the Lessee within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. Notwithstanding anything to the contrary contained in this Lease, the Lessee shall not be required to alter its record-keeping practices or accounting system to conform to the State’s requirements for reporting its sales. In particular, the Lessee shall not be required to keep or produce serially numbered cash register tapes or other voluminous records. The Lessee agrees that it shall keep, at its corporate headquarters (or such other place as the Lessee may designate), accurate records in the computer medium then used by the Lessee showing Lessee’s sales, and the Lessee shall produce computer-generated reports based on such records in accordance with the reporting requirements of this Lease. The Lessee shall make available for inspection and audit by the State or its designee, during Normal Business Hours, as that term is defined in Section 14 of this Lease, separate and uniform books and complete records, in an electronic format, pertaining to the Use Use, as that term is defined in Section 4 of this Lease, in the Demised Premises and shall additionally, on an annual basis, within one hundred twenty (120) days after the conclusion of each annual period of the Term of this Lease Agreement, provide the State with a composite fiscal analysis of the Demised Premises. The Parties understand that the State is subject to the requirements of the Freedom of Information Law (FOIL), and therefore, its records are presumptively subject to disclosure unless specifically exempted by statute. However, in accordance with New York State Public Officers Law §89(5) (a) (3), any information that the Lessee requests be excepted from disclosure pursuant to New York State Public Officer’s Law §87 (2) (d) will be maintained apart from all other records. In the event that a FOIL request is made for such information, the State will contact the Lessee in an effort to determine the extent to which those records might properly be exempted from disclosure under New York State Public Officer’s Law §87 (2)(d).

Gross Receipts. For purposes of this Lease, “Gross Receipts” shall include the amounts generated from the sale of all foods and beverages at the Demised Premises, whether sold for consumption or use in or out of the Demised Premises. Notwithstanding the foregoing, Gross Receipts shall not include refunds to customers, the cost of meals sold to employees of the Lessee, sales taxes, excise taxes or other taxes that are collected from patrons and paid directly to the appropriate governmental agency by the Lessee and the amount of any discount from the regular price of all items sold within the Demised Premises as a result of redemption or honoring of coupons or other similar promotions. However, no franchise or capital stock tax or income or similar tax, measured or based on income or profits to the Lessee, or any tax which forms a part of the cost of Lessee, shall be deducted from Gross Receipts. Gross Receipts shall also not include: taxes or assessments on Rent or other charges, if any paid by the Lessee (Gross Receipts taxes levied on the Lessee in connection with the operations of its business in the Demised Premises); sales of the Lessee’s own fixtures and equipment; deposits from the Lessee’s customers; bad debts; delivery charges or any service rendered at cost or approximately at cost for the convenience of customers; promotional offerings and charitable collections; sums and credits received in the settlement of claims for loss of or damage to the merchandise; charges on credit card sales (not in excess of 2% of Gross Receipts in any one year); gift cards (except if and to the extent redeemed at the Demised Premises); insurance proceeds received from the settlement of claims for loss of or damage of goods, fixtures and other personal property of the Lessee; service charges payable to the Lessee on accounts receivable; and transfers or exchanges of merchandise for the convenience of customers or between stores or warehouses of the Lessee. Separate books and records of account (hereinafter collectively referred to as the “Records”) shall be maintained by the Lessee in an electronic format for its Use in the Demised Premises on a uniform basis in accordance with Generally Accepted Accounting Principles (“GAAP”). The Records must be kept for the balance of the calendar year in which they were made and for six (6) additional years thereafter. The State Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, as well as the agency or agencies involved in this Lease, shall have access to the Records during Normal Business Hours, as that term is defined in Section 14 of this Lease, at an office of the Lessee within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. Notwithstanding anything to the contrary contained in this Lease, the Lessee shall not be required to alter its record-keeping practices or accounting system to conform to the State’s requirements for reporting its sales. In particular, the Lessee shall not be required to keep or produce serially numbered cash register tapes or other voluminous records. The Lessee agrees that it shall keep, at its corporate headquarters (or such other place as the Lessee may designate), accurate records in the computer medium then used by the Lessee showing Lessee’s sales, and the Lessee shall produce computer-generated reports based on such records in accordance with the reporting requirements of this Lease. The Lessee shall make available for inspection and audit by the State or its designee, during Normal Business Hours, as that term is defined in Section 14 of this Lease, separate and uniform books and complete records, in an electronic format, pertaining to the Use in the Demised Premises and shall additionally, on an annual basis, within one hundred twenty (120) days after the conclusion of each annual period of the Term of this Lease Agreement, provide the State with a composite fiscal analysis of the Demised Premises. The Parties understand that the State is subject to the requirements of the Freedom of Information Law (FOIL), and therefore, its records are presumptively subject to disclosure unless specifically exempted by statute. However, in accordance with New York State Public Officers Law §89(5) (a) (3), any information that the Lessee requests be excepted from disclosure pursuant to New York State Public Officer’s Law §87 (2) (d) will be maintained apart from all other records. In the event that a FOIL request is made for such information, the State will contact the Lessee in an effort to determine the extent to which those records might properly be exempted from disclosure under New York State Public Officer’s Law §87 00 (2)(d0)(x).