Common use of Gross Revenue Clause in Contracts

Gross Revenue. All revenue, as determined in accordance with generally accepted accounting principles, which is derived by the Franchisee or its Affiliates, from the operation of the Cable System to provide Cable Service in the Township, including, but not limited to: (1) Basic Service fees; (2) fees charged to Subscribers for any service tier other than Basic Service; (3) fees charged to Subscribers for premium Cable Services; (4) fees for video-on-demand and pay-per-view; (5) fees charged to Subscribers for any optional, per-channel or per-program Cable Services; (6) revenue from the provision of any other Cable Services; (7) charges for installation, additional outlets, relocation, disconnection, reconnection and change-in-service fees for video programming; (8) fees for changing any level of Cable Service programming; (9) fees for service calls; (10) early termination fees (solely to the extent such early termination fee can be proportionately attributable to Cable Service); (11) fees for leasing of Channels; (12) rental of any and all Subscriber equipment, including digital video recorders, converters and remote control devices; (13) advertising revenues (on a pro rata basis) as set forth herein; (14) revenue from the sale or rental of Subscriber lists; (15) revenues or commissions received from the carriage of home shopping channels (on a pro rata basis as set forth herein) subject to Section 1.18.5 below; (16) fees for music services that are Cable Services over the Cable System; (17) fees for DVR; (18) regional sports programming fees; (19) late payment fees; (20) NSF check charges; (21) Franchise Fees for the provision of Cable Services over the Cable System in the Township; and (22) foregone revenue that the Franchisee chooses not to receive in exchange for trades, barters, services, or other items of value consistent with Section 1.18.8, below. For the avoidance of doubt, advertising revenues shall include the amount of the Franchisee’s gross advertising revenue calculated in accordance with generally accepted accounting principles (i.e., without deducting commissions paid to independent third parties). Advertising and home shopping revenue, as described in Sections 1.18(13) and (15) above, is based upon the ratio of the number of Subscribers as of the last day of the period for which Gross Revenue is being calculated to the number of the Franchisee’s subscribers within all areas covered by the particular revenue source as of the last day of such period. By way of illustrative example, the Franchisee sells two ads: Ad “A” is broadcast nationwide; Ad “B” is broadcast only within Pennsylvania. The Franchisee has 100 Subscribers in the Township, 500 subscribers in Pennsylvania, and 1,000 subscribers nationwide. Gross Revenue as to the Township from Ad “A” is 10% of the Franchisee’s revenue therefrom. Gross Revenue as to the Township from Ad “B” is 20% of the Franchisee’s revenue. Gross Revenue shall not include: 1.18.1 Revenues received by any Affiliate or other Person in exchange for supplying goods or services used by the Franchisee to provide Cable Service over the Cable System; 1.18.2 Bad debts written off by the Franchisee in the normal course of its business, provided, however, that bad debt recoveries shall be included in Gross Revenue during the period collected; parties; 1.18.3 Refunds, rebates, or discounts made to Subscribers or other third 1.18.4 Any revenues classified, in whole or in part, as Non-Cable Services revenue under federal or state law including, without limitation, revenue received from Telecommunications Services; revenue received from Information Services, including, without limitation, Internet Access service, electronic mail service, internet-derived electronic bulletin board service, or similar online computer services; charges made to the public for commercial or cable television that is used for two-way communication that are classified as Non-Cable Services; and any other revenues classified as Non-Cable Services in accordance with applicable laws or regulations; 1.18.5 Any revenue of the Franchisee or any other Person that is received directly from the sale of merchandise through any Cable Service distributed over the Cable System, notwithstanding that portion of such revenue which represents or can be attributed to a Subscriber fee or a payment for the use of the Cable System for the sale of such merchandise, which portion shall be included in Gross Revenue; 1.18.6 The sale of Cable Services on the Cable System for resale in which the purchaser is required to collect cable franchise fees from purchaser’s customer; 1.18.7 Any tax of general applicability imposed upon the Franchisee or upon Subscribers by a local, state, federal, or any other governmental entity and required to be collected by the Franchisee and remitted to the taxing entity (including, but not limited to, sales/use tax, gross receipts tax, excise tax, utility users tax, public service tax, communication taxes, and non-cable franchise fees); 1.18.8 Any forgone revenue that the Franchisee chooses not to receive in exchange for its provision of free or reduced cost cable or other communications services to any Person, including without limitation, employees of the Franchisee and public institutions or other institutions designated in the Franchise; provided, however, that such forgone revenue that the Franchisee chooses not to receive in exchange for trades, barters, services, or other items of value shall be included in Gross Revenue; 1.18.9 Sales of capital assets or sales of surplus equipment that are not deemed to be a Cable Service; 1.18.10 Program launch fees; 1.18.11 Directory or Internet advertising revenue including, but not limited to, yellow page, white page, banner advertisement, and electronic publishing; and 1.18.12 Any fees or charges collected from Subscribers or other third parties for any EG grant.

Gross Revenue. All revenue, as determined in accordance with generally accepted accounting principles, which is derived by the Franchisee or its Affiliates, from the operation of the Cable System to provide Cable Service in the TownshipService Area, includingprovided, but not limited to: (1) Basic Service fees; (2) fees charged to Subscribers for any service tier other than Basic Service; (3) fees charged to Subscribers for premium Cable Services; (4) fees for video-on-demand and pay-per-view; (5) fees charged to Subscribers for any optionalhowever, per-channel or per-program Cable Services; (6) revenue from the provision of any other Cable Services; (7) charges for installation, additional outlets, relocation, disconnection, reconnection and change-in-service fees for video programming; (8) fees for changing any level of Cable Service programming; (9) fees for service calls; (10) early termination fees (solely to the extent such early termination fee can be proportionately attributable to Cable Service); (11) fees for leasing of Channels; (12) rental of any and all Subscriber equipment, including digital video recorders, converters and remote control devices; (13) advertising revenues (on a pro rata basis) as set forth herein; (14) revenue from the sale or rental of Subscriber lists; (15) revenues or commissions received from the carriage of home shopping channels (on a pro rata basis as set forth herein) subject to Section 1.18.5 below; (16) fees for music services that are Cable Services over the Cable System; (17) fees for DVR; (18) regional sports programming fees; (19) late payment fees; (20) NSF check charges; (21) Franchise Fees for the provision of Cable Services over the Cable System in the Township; and (22) foregone revenue that the Franchisee chooses not to receive in exchange for trades, barters, services, or other items of value consistent with Section 1.18.8, below. For the avoidance of doubt, advertising revenues shall include the amount of the Franchisee’s gross advertising revenue calculated in accordance with generally accepted accounting principles (i.e., without deducting commissions paid to independent third parties). Advertising and home shopping revenue, as described in Sections 1.18(13) and (15) above, is based upon the ratio of the number of Subscribers as of the last day of the period for which Gross Revenue is being calculated to the number of the Franchisee’s subscribers within all areas covered by the particular revenue source as of the last day of such period. By way of illustrative example, the Franchisee sells two ads: Ad “A” is broadcast nationwide; Ad “B” is broadcast only within Pennsylvania. The Franchisee has 100 Subscribers in the Township, 500 subscribers in Pennsylvania, and 1,000 subscribers nationwide. Gross Revenue as to the Township from Ad “A” is 10% of the Franchisee’s revenue therefrom. Gross Revenue as to the Township from Ad “B” is 20% of the Franchisee’s revenue. Gross Revenue shall not include: 1.18.1 1.13.1 Revenues received by any Affiliate or other Person in exchange for supplying goods or services used by the Franchisee to provide Cable Service over the Cable System; 1.18.2 1.13.2 Bad debts written off by the Franchisee in the normal course of its business, provided, however, that bad debt recoveries shall be included in Gross Revenue during the period collected; parties; 1.18.3 1.13.3 Refunds, rebates, or discounts made to Subscribers or other thirdthird parties; 1.18.4 1.13.4 Any revenues classified, in whole or in part, as Non-Cable Services revenue under federal or state law including, without limitation, revenue received from Telecommunications Services; revenue received from Information Services, including, without limitation, Internet Access service, electronic mail service, internet-derived electronic bulletin board service, or similar online computer services; charges made to the public for commercial or cable television that is used for two-way communication that are classified as Non-Cable Servicescommunication; and any other revenues classified as attributed by Franchisee to Non-Cable Services in accordance with applicable laws FCC or state public utility regulatory commission rules, regulations, standards, or orders; 1.18.5 1.13.5 Any revenue of the Franchisee or any other Person that is received directly from the sale of merchandise through any Cable Service distributed over the Cable System, notwithstanding that portion of such revenue which represents or can be attributed to a Subscriber fee or a payment for the use of the Cable System for the sale of such merchandise, which portion shall be included in Gross Revenue; 1.18.6 1.13.6 The sale of Cable Services on the Cable System for resale in which the purchaser is required to collect cable franchise fees from purchaser’s customer; 1.18.7 1.13.7 The sale of Cable Services to customers, which are exempt, as required or allowed by LFA including, without limitation, the provision of Cable Services to public institutions as required or permitted herein; 1.13.8 Any tax of general applicability imposed upon the Franchisee or upon Subscribers by a localcity, state, federal, or any other governmental entity and required to be collected by the Franchisee and remitted to the taxing entity (including, but not limited to, sales/use tax, gross receipts tax, excise tax, utility users tax, public service tax, communication taxes, and non-cable franchise fees); 1.18.8 1.13.9 Any forgone revenue that the Franchisee chooses not to receive in exchange for its provision of free or reduced cost cable or other communications services to any Person, including without limitation, employees of the Franchisee and public institutions or other institutions designated in the Franchise; provided, however, that such forgone foregone revenue that the Franchisee chooses not to receive in exchange for trades, barters, services, or other items of value shall be included in Gross Revenue; 1.18.9 1.13.10 Sales of capital assets or sales of surplus equipment that are not deemed to be a Cable Serviceequipment; 1.18.10 1.13.11 Program launch fees; 1.18.11 1.13.12 Directory or Internet advertising revenue including, but not limited to, yellow page, white page, banner advertisement, and electronic publishing; and 1.18.12 Any fees or charges collected from Subscribers or other third parties for any EG grant.

Gross Revenue. All revenue, as determined in accordance with generally accepted accounting principles, which is derived by the Franchisee or its Affiliates, from the operation of the Cable System to provide Cable Service in the TownshipBorough, including, but not limited to: (1) Basic Service fees; (2) fees charged to Subscribers for any service tier other than Basic Service; (3) fees charged to Subscribers for premium Cable Services; (4) fees for video-on-demand and pay-per-view; (5) fees charged to Subscribers for any optional, per-channel or per-program Cable Services; (6) revenue from the provision of any other Cable Services; (7) charges for installation, additional outlets, relocation, disconnection, reconnection and change-in-service fees for video programming; (8) fees for changing any level of Cable Service programming; (9) fees for service calls; (10) early termination fees (solely to the extent such early termination fee can be proportionately attributable to Cable Service); (11) fees for leasing of Channels; (12) rental of any and all Subscriber equipment, including digital video recorders, converters and remote control devices; (13) advertising revenues (on a pro rata basis) as set forth herein; (14) revenue from the sale or rental of Subscriber lists; (15) revenues or commissions received from the carriage of home shopping channels (on a pro rata basis as set forth herein) subject to Section 1.18.5 below; (16) fees for music services that are Cable Services over the Cable System; (17) fees for DVR; (18) regional sports programming fees; (19) late payment fees; (20) NSF check charges; (21) Franchise Fees for the provision of Cable Services over the Cable System in the TownshipBorough; and (22) foregone revenue that the Franchisee chooses not to receive in exchange for trades, barters, services, or other items of value consistent with Section 1.18.8, below. For the avoidance of doubt, advertising revenues shall include the amount of the Franchisee’s gross advertising revenue calculated in accordance with generally accepted accounting principles (i.e., without deducting commissions paid to independent third parties). Advertising and home shopping revenue, as described in Sections 1.18(13) and (15) above, is based upon the ratio of the number of Subscribers as of the last day of the period for which Gross Revenue is being calculated to the number of the Franchisee’s subscribers within all areas covered by the particular revenue source as of the last day of such period. By way of illustrative example, the Franchisee sells two ads: Ad “A” is broadcast nationwide; Ad “B” is broadcast only within Pennsylvania. The Franchisee has 100 Subscribers in the TownshipBorough, 500 subscribers in Pennsylvania, and 1,000 subscribers nationwide. Gross Revenue as to the Township Borough from Ad “A” is 10% of the Franchisee’s revenue therefrom. Gross Revenue as to the Township Borough from Ad “B” is 20% of the Franchisee’s revenue. Gross Revenue shall not include: 1.18.1 Revenues received by any Affiliate or other Person in exchange for supplying goods or services used by the Franchisee to provide Cable Service over the Cable System; 1.18.2 Bad debts written off by the Franchisee in the normal course of its business, provided, however, that bad debt recoveries shall be included in Gross Revenue during the period collected; parties; 1.18.3 Refunds, rebates, or discounts made to Subscribers or other third 1.18.4 Any revenues classified, in whole or in part, as Non-Cable Services revenue under federal or state law including, without limitation, revenue received from Telecommunications Services; revenue received from Information Services, including, without limitation, Internet Access service, electronic mail service, internet-derived electronic bulletin board service, or similar online computer services; charges made to the public for commercial or cable television that is used for two-way communication that are classified as Non-Cable Services; and any other revenues classified as Non-Cable Services in accordance with applicable laws or regulations; 1.18.5 Any revenue of the Franchisee or any other Person that is received directly from the sale of merchandise through any Cable Service distributed over the Cable System, notwithstanding that portion of such revenue which represents or can be attributed to a Subscriber fee or a payment for the use of the Cable System for the sale of such merchandise, which portion shall be included in Gross Revenue; 1.18.6 The sale of Cable Services on the Cable System for resale in which the purchaser is required to collect cable franchise fees from purchaser’s customer; 1.18.7 Any tax of general applicability imposed upon the Franchisee or upon Subscribers by a local, state, federal, or any other governmental entity and required to be collected by the Franchisee and remitted to the taxing entity (including, but not limited to, sales/use tax, gross receipts tax, excise tax, utility users tax, public service tax, communication taxes, and non-cable franchise fees); 1.18.8 Any forgone revenue that the Franchisee chooses not to receive in exchange for its provision of free or reduced cost cable or other communications services to any Person, including without limitation, employees of the Franchisee and public institutions or other institutions designated in the Franchise; provided, however, that such forgone revenue that the Franchisee chooses not to receive in exchange for trades, barters, services, or other items of value shall be included in Gross Revenue; 1.18.9 Sales of capital assets or sales of surplus equipment that are not deemed to be a Cable Service; 1.18.10 Program launch fees; 1.18.11 Directory or Internet advertising revenue including, but not limited to, yellow page, white page, banner advertisement, and electronic publishing; and 1.18.12 Any fees or charges collected from Subscribers or other third parties for any EG grant.

Gross Revenue. All revenue, as determined in accordance with generally accepted accounting principlesprinciples (GAAP), which is derived by the Franchisee or and its Affiliates, directly or indirectly, from the operation of the Cable System to provide Cable Service in the TownshipCity, including, but not limited to, such revenues for or consisting of: (1) Basic Service fees; (2) fees charged to Subscribers for any cable service tier other than Basic Service; (3) fees charged to Subscribers for premium Cable Servicescable services, e.g. HBO, Cinemax, or Showtime; (4) fees for video-on-demand and pay-per-view; (5) fees charged to Subscribers for any optional, per-channel channel, or per-program Cable Servicescable services; (65) revenue from the provision of any other Cable Services; (76) charges for installation, additional outlets, relocation, disconnection, reconnection reconnection, and change-in-service fees for video programmingCable Service; (8) 7) fees for changing downgrading any level of Cable Service programming; (9) 8) fees for cable service calls; (109) early termination revenues and fees (solely to from the extent such early termination fee can be proportionately attributable to Cable Service)sale or lease of channels or channel capacity; (1110) fees for leasing of Channels; (12) rental or sales of any and all Subscriber customer Cable Service equipment, including digital video recorders, converters converters, and remote control devices; (13) advertising revenues (on a pro rata basis) as set forth herein; (14) revenue from the sale or rental of Subscriber lists; (15) revenues or commissions received from the carriage of home shopping channels (on a pro rata basis as set forth herein11) subject to Section 1.18.5 below; (16) fees for music services that are Cable Services over the Cable System; (17) fees for DVR; (18) regional sports programming fees; (19) late payment fees; (20) NSF check charges; (21) Franchise Fees for the provision 1.22.1.8 of Cable Services over the Cable System in the Township; and (22) this Agreement, foregone revenue that the Franchisee chooses not to receive in exchange for trades, barters, services, or other items of value consistent with Section 1.18.81.22.1.8 below; (12) all revenues received by Franchisee or its Affiliates from advertising that is made available to Subscribers through the Cable System, below. For the avoidance of doubtwhether sold by Franchisee or others, advertising but subject to Section 1.21.1.1; (13) revenues shall include the amount of the Franchisee’s gross advertising revenue calculated in accordance with generally accepted accounting principles (i.e., without deducting or commissions paid to independent third parties). Advertising and from home shopping revenue, as described in Sections 1.18(13channels subject to Section 1.22.1. 5 below; (14) fees for any and all music services that are deemed to be a Cable Service over the Cable System; (15) abovelate payment fees; (16) NSF check charges; (17) Franchise Fees; (18) revenues from sales of program guides; (19) fees for video-on-demand; (20) revenues from the sale or rental of Subscriber lists; (21) PEG fees (i.e. fees collected by Franchisee from Subscribers for the purpose of recovering PEG payments, is based upon the ratio of the number of Subscribers as of the last day of the period for which Gross Revenue is being calculated to the number of the Franchisee’s subscribers within all areas covered I-Net costs or in-kind services provided under this Agreement); and (22) Regulatory fees imposed by the particular revenue source as of the last day of such period. By way of illustrative example, the Franchisee sells two ads: Ad “A” is broadcast nationwide; Ad “B” is broadcast only within Pennsylvania. The Franchisee has 100 Subscribers in the Township, 500 subscribers in Pennsylvania, and 1,000 subscribers nationwide. Gross Revenue as to the Township from Ad “A” is 10% of the Franchisee’s revenue therefrom. Gross Revenue as to the Township from Ad “B” is 20% of the Franchisee’s revenue. FCC or any other state or federal agency on Cable Service. 1.22.1 Gross Revenue shall not include: 1.18.1 1.22.1.1 Revenues received by any Affiliate or other Person in exchange for supplying goods or services used by the Franchisee to provide Cable Service over the Cable System; 1.18.2 1.22.1.2 Bad debts written off by the Franchisee in the normal course of its business, provided, however, that bad debt recoveries and revenues from the sale of bad debts to any third party shall be included in Gross Revenue during the period collected; parties; 1.18.3 1.22.1.3 Refunds, rebates, or discounts made to Subscribers or other third 1.18.4 Any revenues classified, in whole or in part, as Non-Cable Services revenue third parties; under federal or state law including, without limitation, revenue received from Telecommunications Services; revenue received from Information Services, including, without limitation, Internet Access service, electronic mail service, internet-derived electronic bulletin board service, or similar online computer services; charges made to the public for commercial or cable television that is used for two-way communication that are classified as Non-Cable Services; and any other law; 1.22.1.4 Any revenues classified as Non-Cable Services in accordance with applicable laws or regulations;revenue 1.18.5 1.22.1.5 Any revenue of the Franchisee or any other Person that is received directly from the sale of merchandise through any Cable Service distributed over the Cable System, notwithstanding except that portion of such revenue which represents or can be attributed to a Subscriber fee or to a payment for the use of the Cable System for the sale of such merchandise, which portion shall be included in Gross Revenue; 1.18.6 1.22.1.6 The sale of Cable Services on the Cable System for resale in which the purchaser is required to collect cable franchise fees from purchaser’s customercustomer and pay them to the City or to another local franchise authority; 1.18.7 1.22.1.7 Any tax of general applicability imposed upon the Franchisee or upon Subscribers by a localcity, state, federal, or any other governmental entity and required to be collected by the Franchisee and remitted to the taxing entity (including, but not limited to, sales/use tax, gross receipts tax, excise tax, utility users tax, public service tax, communication taxes, and non-cable franchise fees); 1.18.8 1.22.1.8 Any forgone revenue that the Franchisee chooses not to receive in exchange for its provision of free or reduced cost cable or other communications services to any Person, including without limitation, employees of the Franchisee and public institutions or other institutions designated in the Franchise; provided, however, that such forgone revenue that the Franchisee chooses not to receive in exchange for trades, barters, services, or other items of value shall be included in Gross Revenue; 1.18.9 1.22.1.9 Sales of capital assets or sales of surplus equipment that are not deemed to be a Cable Serviceequipment; 1.18.10 1.22.1.10 Program launch fees; 1.18.11 1.22.1.11 Directory or Internet advertising revenue including, but not limited to, yellow page, white page, banner advertisement, and electronic publishing; and 1.18.12 Any fees 1.22.1.12 Advertising sales commissions retained by or charges collected from Subscribers or other paid to unaffiliated third parties and not received by or inuring to the benefit of Franchisee (for any EG grantexample, a commission the advertising purchaser owes its agent).