Gross Revenues. The term “Gross Revenues,” as used in this Permit, refers to the total amount of money or other consideration charged for or received by the Permittee for (a) all services rendered, (b) all sales made, or (c) all transactions engaged in under the authority of this Permit, and in the case of (a), (b), or (c), such services, sales, or transactions resulted from, or were facilitated by, the activities of the Permittee under this Permit, whether such activities were on the Airport grounds or off the Airport grounds under the conditions set forth in Section C(1) above. The following shall apply to the definition of “Gross Revenues”: (a) The term “Gross Revenues” is intended to be all-encompassing and is intended to apply to the fullest extent of the money or consideration charged by or received by the Permittee for its activities under this Permit or as facilitated by this Permit, and includes, but specifically is not limited to: I. Fees and charges imposed by Permittee upon its customers; II. Opportunity or percentage fees collected by the Permittee from its customers, including any “pass-through” charges to a customer by which the Permittee recovers from the customer the 7% Opportunity Fee, or any portion thereof, payable by the Permittee to MDAD under Section C.1 above; III. Any money or consideration charged to a customer or received by the Permittee from a customer, whether on a cash or credit basis and whether such money or other consideration is actually paid to or is unpaid to the Permittee, with the Permittee being required to pay MDAD the 7% Opportunity Fee on any uncollected charges to Permittee’s customers; and (b) If the Permittee does not charge a customer a cash amount or an amount of stated consideration if other than cash, or if MDAD determines that the amount or consideration charged by a Permittee does not reflect the reasonable value of the services provided by the Permittee, MDAD shall have the right to impute a value for Permittee’s services under this Permit and recover from the Permittee 7% of such imputed value.
Appears in 2 contracts
Samples: Permit Agreement, Permit Agreement
Gross Revenues. The term “Gross Revenues,” as used in this Permit, refers to the total amount of money or other consideration charged for or received by the Permittee for (a) all services rendered, (b) all sales made, or (c) all transactions engaged in under the authority of this Permit, and in the case of (a), (b), or (c), such services, sales, or transactions resulted from, or were facilitated by, the activities of the Permittee under this Permit, whether such activities were on the Airport grounds or off the Airport grounds under the conditions set forth in Section C(1C(3) above. The following shall apply to the definition of “Gross Revenues”:
(a) The term “Gross Revenues” is intended to be all-encompassing and is intended to apply to the fullest extent of the money or consideration charged by or received by the Permittee for its activities under this Permit or as facilitated by this Permit, and includes, but specifically is not limited to:
I. Fees and charges imposed by Permittee upon its customers;
II. Opportunity or percentage fees collected by the Permittee from its customers, including any “pass-through” charges to a customer by which the Permittee recovers from the customer the 7% Opportunity Fee, or any portion thereof, payable by the Permittee to MDAD under Section C.1 above;
III. Any money or consideration charged to a customer or received by the Permittee from a customer, whether on a cash or credit basis and whether such money or other consideration is actually paid to or is unpaid to the Permittee, with the Permittee being required to pay MDAD the 7% Opportunity Fee on any uncollected charges to Permittee’s customers; and
(b) If the Permittee does not charge a customer a cash amount or an amount of stated consideration if other than cash, or if MDAD determines that the amount or consideration charged by a Permittee does not reflect the reasonable value of the services provided by the Permittee, MDAD shall have the right to impute a value for Permittee’s services under this Permit and recover from the Permittee 7% of such imputed value.
Appears in 2 contracts
Gross Revenues. The term “Gross Revenues,” as used in this Permit, refers to the total amount of money or other consideration charged for or received by the Permittee for (a) all services rendered, (b) all sales made, or (c) all transactions engaged in under the authority of this Permit, and in the case of (a), (b), or (c), such services, sales, or transactions resulted from, or were facilitated by, the activities of the Permittee under this Permit, whether such activities were on the Airport grounds or off the Airport grounds under the conditions set forth in Section C(1) above. The following shall apply to the definition of “Gross Non-Fuel Revenues”:
(a) The term ” shall be replaced with “Gross Revenues” is intended and its definition shall be as follows: with respect to be all-encompassing any Property, for each Fiscal Year during the Term, all revenues and is intended to apply to the fullest extent receipts (determined on an accrual basis and in all material respects in accordance with GAAP) of the money or consideration charged by or received by the Permittee for its activities under this Permit or as facilitated by this Permitevery kind derived from renting, using and/or operating such Property and includesparts thereof, including, but specifically is not limited to:
I. Fees : all rents and charges imposed revenues received or receivable for the use of or otherwise by Permittee upon its customers;
II. Opportunity reason of all goods sold, services performed, space or percentage fees collected by the Permittee from its customers, including any “pass-through” charges to a customer by which the Permittee recovers from the customer the 7% Opportunity Feefacilities subleased on such Property, or any portion thereof, including, without limitation, any other arrangements with third parties relating to the possession or use of any portion of such Property; and proceeds, if any, from business interruption or other loss of income insurance; provided, however, that Gross Revenues shall not include the following: allowances according to GAAP for uncollectible accounts, including credit card accounts and other administrative discounts; federal, state or municipal excise, sales, use, occupancy or similar taxes included as part of the sales price of any goods or services; insurance proceeds (other than proceeds from business interruption or other loss of income insurance); Award proceeds (other than for a temporary Condemnation); any proceeds from any sale of such Property or from the refinancing of any debt encumbering such Property; proceeds from the disposition of furnishings, fixture and equipment no longer necessary for the operation of the Travel Center located thereon; any security deposits and other advance deposits, until and unless the same are forfeited to Tenant or applied for the purpose for which they were collected; interest income from any bank account or investment of Tenant; any revenues or receipts of every kind derived from the provision, sale or trade of motor fuel and gasoline at such Property (including, without limitation, any amounts that arise out of the Shell Agreement); any revenues or receipts derived from gaming operations (but Gross Revenues shall include any revenue or receipts derived from sales of lottery tickets without adjustment for payouts); or any amount based on the income or profits of any Person if as a consequence thereof the Rent or other amounts payable by Tenant hereunder would fail to qualify, in whole or in part, as “rents from real property” within the Permittee to MDAD under meaning of Section C.1 above;
III. Any money or consideration charged to a customer or received by the Permittee from a customer, whether on a cash or credit basis and whether such money or other consideration is actually paid to or is unpaid to the Permittee, with the Permittee being required to pay MDAD the 7% Opportunity Fee on any uncollected charges to Permittee’s customers; and
(b856(d) If the Permittee does not charge a customer a cash amount or an amount of stated consideration if other than cash, or if MDAD determines that the amount or consideration charged by a Permittee does not reflect the reasonable value of the services provided by the Permittee, MDAD shall have the right to impute a value for Permittee’s services under this Permit and recover from the Permittee 7% of such imputed valueCode.
Appears in 2 contracts
Samples: Transaction Agreement (Hospitality Properties Trust), Lease Agreement (Hospitality Properties Trust)
Gross Revenues. (A) Each Borrower shall deliver, or to cause the applicable Tenants to deliver, all Gross Revenues to Lender pursuant to this Agreement.
(B) Concurrently with the mutual execution and delivery of this Agreement, each Borrower shall deliver to each Tenant, as applicable, a written notice in the form annexed hereto as Exhibit A instructing such Tenant to make all payments of Gross Revenues required pursuant to its Lease directly to the post office box established by the Servicer (if paid by check) or directly to the Lockbox Account (if paid by wire transfer). Promptly upon execution of any future Lease for any part of any Property, the applicable Borrower shall also deliver, or cause to be delivered, to the Tenant under such Lease an original written notice in such form instructing such Tenant to make all payments of Gross Revenues required pursuant to its Lease directly to the Lockbox Account. Each such written notice to a Tenant shall be signed by the applicable Borrower and is herein referred to as a “Payment Notice.” Concurrently with the delivery of any Payment Notice directly by Borrower to Tenant, Borrower shall provide Lender a copy of such Payment Notice.
(C) The term “Payment Notices furnished to the Tenants pursuant to the foregoing and all other persons shall for all purposes be deemed given pursuant to the applicable Mortgage. Payment Notices shall be deemed sufficient authorization for any such Tenant or other person to make all payments of Gross Revenues directly to the Lockbox Account, and each such Tenant or other person shall be entitled to rely on this Agreement in making such payments and shall have no liability to any Borrower for any Gross Revenues duly and punctually paid to the Lockbox Account in accordance with the terms of such Tenant’s Lease or other agreement. Borrower shall not give any instructions to any Tenant for any payments that are inconsistent with the requirements of this Agreement or with the Payment Notice delivered to such Tenant.
(D) If any Borrower shall receive, directly or indirectly through its managers, agents or partners, any cash or Checks or other payments from any Tenant or other person in payment of Gross Revenues,” as used in this Permit, refers to the total amount of money or other consideration charged for or received by the Permittee for (a) all services rendered, (b) all sales made, or (c) all transactions engaged in under the authority of this Permit, and in the case of (a), (b), or (c), such services, sales, or transactions resulted from, or were facilitated by, Borrower shall immediately endorse (if applicable) and deposit same into the activities of the Permittee under this Permit, whether such activities were on the Airport grounds or off the Airport grounds under the conditions set forth in Section C(1) above. The following shall apply to the definition of “Gross Revenues”:
(a) The term “Gross Revenues” is intended to be all-encompassing and is intended to apply to the fullest extent of the money or consideration charged by or received by the Permittee for its activities under this Permit or as facilitated by this Permit, and includes, but specifically is not limited to:
I. Fees and charges imposed by Permittee upon its customers;
II. Opportunity or percentage fees collected by the Permittee from its customers, including any “pass-through” charges to a customer by which the Permittee recovers from the customer the 7% Opportunity Fee, or any portion thereof, payable by the Permittee to MDAD under Section C.1 above;
III. Any money or consideration charged to a customer or received by the Permittee from a customer, whether on a cash or credit basis and whether such money or other consideration is actually paid to or is unpaid to the Permittee, with the Permittee being required to pay MDAD the 7% Opportunity Fee on any uncollected charges to Permittee’s customers; and
(b) If the Permittee does not charge a customer a cash amount or an amount of stated consideration if other than cash, or if MDAD determines that the amount or consideration charged by a Permittee does not reflect the reasonable value of the services provided by the Permittee, MDAD shall have the right to impute a value for Permittee’s services under this Permit and recover from the Permittee 7% of such imputed valueLockbox Account.
Appears in 1 contract
Gross Revenues. The term “Gross Revenues,” as (i) As used in this PermitAgreement, refers subject to the total amount of money or other consideration charged for or received by the Permittee for (a) all services rendered, (b) all sales made, or (c) all transactions engaged in under the authority of this Permit, and in the case of (aSection 3.1(d)(ii), (b), or (c), such services, sales, or transactions resulted from, or were facilitated by, the activities of the Permittee under this Permit, whether such activities were on the Airport grounds or off the Airport grounds under the conditions set forth in Section C(1) above. The following shall apply to the definition of “Gross Revenues”:
(a) The term “Gross Revenues” is intended of the Xxxxxxx/Xxxxx/Xxxxxxx Assets shall mean and include all fees, charges and other revenues, computed without duplication, generated by or otherwise (x) received by or payable to be all-encompassing Lessee in connection with or which are the result of the operation of the Xxxxxxx/Xxxxx/Xxxxxxx Assets (and is intended to apply any assets related to the fullest extent Xxxxxxx/Xxxxx/Xxxxxxx Assets owned by Lessee), as set forth in the FERC Uniform System of Accounts or such other accounts as may be applicable from time to time in which Lessee records its revenues from operation of the money or consideration charged Xxxxxxx/Xxxxx/Xxxxxxx Assets; (y) received by or payable to Lessee from other opportunities and uses of the Xxxxxxx/Xxxxx/Xxxxxxx Assets pursuant to Section 1.2(b) hereof; or (z) arising from insurance proceeds for business income lost from an insured event related to the Xxxxxxx/Xxxxx/Xxxxxxx Assets; provided that, “Gross Revenues” shall not include (1) any payment received by the Permittee for its activities under this Permit Lessee as CIAC; (2) any items which are of a pure pass-through nature where such items are charged to and collected from customers of Lessee but which carry regulatory responsibility to remit such collections without offset or as facilitated by this Permitdeduction to a third party, and includesincluding, but specifically is not limited to:
I. Fees and , items such as: (A) sales taxes or other charges imposed by Permittee upon its customers;
II. Opportunity or percentage fees collected by Lessee on behalf of a taxing authority; (B) fees, charges and other revenues collected by Lessee that can be specifically traced to any regulatory approved costs incurred by Lessee that have been ordered or permitted by the Permittee from its customersPUCT to be recovered through Lessee’s rates such as system benefit fund and transmission cost recovery factor; (C) fees, including charges and other revenues collected by Lessee that can be specifically traced to any “pass-through” charges deferred costs funded by Lessee that have been ordered or permitted by the PUCT to be recovered through a customer by tariff rider; and (D) such other items that Lessor and Lessee agree to in good faith are consistent with the foregoing and should be included prospectively in the list set forth in this clause (2) and in the event the Lessor and Lessee cannot agree on what items should be included on such list, then either Lessor or Lessee may submit such matter to arbitration pursuant to Section 13.7, pursuant to which the Permittee recovers from Arbitration Panel shall be empowered to determine which such items shall be included on such list, based on submissions by each of the customer Lessee and the 7% Opportunity FeeLessor; and (3) Revenues Attributable to Lessee CapEx. The term “Unadjusted Gross Revenues” means the amount of Gross Revenue, or any portion thereofcalculated in accordance with this Section 3.1(d)(i), payable by the Permittee to MDAD under Section C.1 above;
III. Any money or consideration charged to a customer or received by the Permittee from a customer, whether on a cash or credit basis and whether such money or other consideration is actually paid to or is unpaid without giving effect to the Permitteeoffset set forth in clause (3), with the Permittee being required above, related to pay MDAD the 7% Opportunity Fee on any uncollected charges Revenues Attributable to Permittee’s customers; and
(b) If the Permittee does not charge a customer a cash amount or an amount of stated consideration if other than cash, or if MDAD determines that the amount or consideration charged by a Permittee does not reflect the reasonable value of the services provided by the Permittee, MDAD shall have the right to impute a value for Permittee’s services under this Permit and recover from the Permittee 7% of such imputed value.Lessee CapEx. XXXXXXX/XXXXX/XXXXXXX ASSETS LEASE AGREEMENT
Appears in 1 contract
Samples: Lease Agreement (InfraREIT, Inc.)
Gross Revenues. The term “Gross Revenues,” as (i) As used in this PermitAgreement, refers subject to the total amount of money or other consideration charged for or received by the Permittee for (a) all services rendered, (b) all sales made, or (c) all transactions engaged in under the authority of this Permit, and in the case of (aSection 3.1(d)(ii), (b), or (c), such services, sales, or transactions resulted from, or were facilitated by, the activities of the Permittee under this Permit, whether such activities were on the Airport grounds or off the Airport grounds under the conditions set forth in Section C(1) above. The following shall apply to the definition of “Gross Revenues”:
(a) The term “Gross Revenues” is intended of the CREZ Assets shall mean and include all fees, charges and other revenues, computed without duplication, generated by or otherwise (x) received by or payable to be all-encompassing Lessee in connection with or which are the result of the operation of the CREZ Assets (and is intended to apply any assets related to the fullest extent CREZ Assets owned by Lessee), as set forth in the FERC Uniform System of Accounts or such other accounts as may be applicable from time to time in which Lessee records its revenues from operation of the money or consideration charged CREZ Assets; (y) received by or payable to Lessee from other opportunities and uses of the CREZ Assets pursuant to Section 1.2(b) hereof; or (z) arising from insurance proceeds for business income lost from an insured event related to the CREZ Assets; provided that “Gross Revenues” shall not include (1) any payment received by the Permittee for its activities under this Permit Lessee as CIAC; (2) any items which are of a pure pass-through nature where such items are charged to and collected from customers of Lessee but which carry regulatory responsibility to remit such collections without offset or as facilitated by this Permitdeduction to a third party, and includesincluding, but specifically is not limited to:
I. Fees and , items such as: (A) sales taxes or other charges imposed by Permittee upon its customers;
II. Opportunity or percentage fees collected by Lessee on behalf of a taxing authority; (B) fees, charges and other revenues collected by Lessee that can be specifically traced to any regulatory approved costs incurred by Lessee that have been ordered or permitted by the Permittee from its customersPUCT to be recovered through Lessee’s rates such as system benefit funds; (C) fees, including charges and other revenues collected by Lessee that can be specifically traced to any “pass-through” charges deferred costs funded by Lessee that have been ordered or permitted by the PUCT to be recovered through a customer by tariff rider; and (D) such other items that Lessor and Lessee agree to in good faith are consistent with the foregoing and should be included prospectively in the list set forth in this clause (2) and in the event the Lessor and Lessee cannot agree on what items should be included on such list, then either Lessor or Lessee may submit such matter to arbitration pursuant to Section 13.7, pursuant to which the Permittee recovers from Arbitration Panel shall be empowered to determine which such items shall be included on such list, based on submissions by each of the customer Lessee and the 7% Opportunity FeeLessor; and (3) Revenues Attributable to Lessee CapEx. The term “Unadjusted Gross Revenues” means the amount of Gross Revenue, or any portion thereofcalculated in accordance with this Section 3.1(d)(i), payable by the Permittee to MDAD under Section C.1 above;
III. Any money or consideration charged to a customer or received by the Permittee from a customer, whether on a cash or credit basis and whether such money or other consideration is actually paid to or is unpaid without giving effect to the Permitteeoffset set forth in clause (3), with the Permittee being required above, related to pay MDAD the 7% Opportunity Fee on any uncollected charges Revenues Attributable to Permittee’s customers; and
(b) If the Permittee does not charge a customer a cash amount or an amount of stated consideration if other than cash, or if MDAD determines that the amount or consideration charged by a Permittee does not reflect the reasonable value of the services provided by the Permittee, MDAD shall have the right to impute a value for Permittee’s services under this Permit and recover from the Permittee 7% of such imputed valueLessee CapEx.
Appears in 1 contract
Samples: Lease Agreement (InfraREIT, Inc.)
Gross Revenues. The term “Gross Revenues,” as used in this Permit, refers to the total amount of money or other consideration charged for or received by the Permittee for (a) all services rendered, (b) all sales made, or (c) all transactions engaged in under the authority of this Permit, and in the case of (a), (b), or (c), such services, sales, or transactions resulted from, or were facilitated by, the activities of the Permittee under this Permit, whether such activities were on the Airport grounds or off the Airport grounds under the conditions set forth in Section C(1) above. The following shall apply to the definition of “Gross Revenues”:
(a) The term “Gross Revenues” is intended to be all-encompassing and is intended to apply to the fullest extent of the money or consideration charged by or received by the Permittee for its activities under this Permit or as facilitated by this Permit, and includes, but specifically is not limited to:
I. Fees and charges imposed by Permittee upon its customers;, including any fixed per unit fee billed to recover expenditures incurred:
II. Opportunity or percentage fees collected by the Permittee from its customers, including any “pass-through” charges to a customer by which the Permittee recovers from the customer the 7% Opportunity Fee, or any portion thereof, payable by the Permittee to MDAD under Section C.1 above;.
III. Any money or consideration charged to a customer or received by the Permittee from a customer, whether on a cash or credit basis and whether such money or other consideration is actually paid to or is unpaid to the Permittee, with the Permittee being required to pay MDAD the 7% Opportunity Fee on any uncollected charges to Permittee’s customers; : and
(b) If the Permittee does not charge a customer a cash amount or an amount of stated consideration if other than cash, or if MDAD determines that the amount or consideration charged by a Permittee does not reflect the reasonable value of the services provided by the Permittee, MDAD shall have the right to impute a value for Permittee’s services under this Permit and recover from the Permittee 7% of such imputed value.
Appears in 1 contract
Samples: Permit Agreement
Gross Revenues. The term “Gross Revenues,” as used in this Permit, refers to the total amount of money or other consideration charged for or received by the Permittee for (a) all services rendered, (b) all sales made, or (c) all transactions engaged in under the authority of this Permit, and in the case of (a), (b), or (c), such services, sales, or transactions resulted from, or were facilitated by, the activities of the Permittee under this Permit, whether such activities were on the Airport grounds or off the Airport grounds under the conditions set forth in Section C(1) above. The following shall apply to the definition of “Gross Revenues”:
(a) The term “Gross Revenues” is intended means, for each Accounting Period, all revenues and receipts of every kind derived from operating the Facility and all departments and parts thereof, including income (from both cash and credit transactions, net of any fees charged therefor) from monthly occupancy fees, health care fees and ancillary services fees received pursuant to be all-encompassing various agreements with residents of the Facility; income from food and is intended to apply beverage and catering sales; income from telephone charges; income from vending machines; and proceeds, if any, from business interruption or other loss of income insurance (to the fullest extent such insurance either reimburses on the basis of gross revenues or otherwise covers all expenses including Manager’s fees), all determined in accordance with GAAP; provided, however, that Gross Revenues shall not include: (i) gratuities to employees at the Facility [FOR CANADIAN FACILITIES, replace “employees at the Facility” with “Facility Employees”]; (ii) federal, state [provincial] or municipal excise, goods and services, sales or use taxes or similar taxes imposed at the point of sale and collected directly from residents or guests of the money Facility or consideration charged by included as part of the sales price of any goods or received by the Permittee for its activities under this Permit or as facilitated by this Permit, and includes, but specifically is not limited to:
I. Fees and charges imposed by Permittee upon its customers;
II. Opportunity or percentage fees collected by the Permittee from its customers, including any “pass-through” charges to a customer by which the Permittee recovers services; (iii) proceeds from the customer sale of FF&E and any other capital asset; (iv) interest received or accrued with respect to the 7% Opportunity Feemonies in any operating or reserve accounts of the Facility; (v) any cash refunds, rebates or discounts to residents of the Facility, or cash discounts and credits of a similar nature, given, paid or returned in the course of obtaining Gross Revenues or components thereof; (vi) proceeds from any sale of the Facility, or any portion thereofother Capital Transaction; (vii) proceeds of any financing transaction affecting the Facility; (viii) security or resident fee deposits until such time as the same are applied to current fees and other charges due and payable; (ix) awards of damages, payable settlement proceeds and other payments received by Owner in respect of any litigation other than litigation to collect fees due for services rendered from the Permittee to MDAD Facility; (x) proceeds of any condemnation; (xi) proceeds of any casualty or other insurance, other than loss of income or business interruption insurance (which is included in Gross Revenues); and (xii) payments under Section C.1 above;
IIIany policy of title insurance. Any money or consideration charged to a customer or received by the Permittee from a customer, whether on a cash or credit basis and whether such money or other consideration is actually paid to or is unpaid to the Permittee, with the Permittee being required to pay MDAD the 7% Opportunity Fee on any uncollected charges to Permittee’s customers; and
(b) If the Permittee does not charge a customer a cash amount or an amount of stated consideration if other than cashBad Debt, or any community fees or deposits that are refunded to residents, shall be credited against Gross Revenues during the Accounting Period in which such Bad Debt is recognized or such refunds are made, as the case may be, if MDAD determines that the amount or consideration charged by a Permittee does not reflect the reasonable value of the services provided by the Permittee, MDAD such amounts were previously included in Gross Revenues. Any Bad Debt which is recognized but is later collected shall have the right be added to impute a value for Permittee’s services under this Permit and recover from the Permittee 7% of such imputed valueGross Revenues.
Appears in 1 contract
Gross Revenues. (Not applicable, inasmuch as the commercial activities authorized under this Permit are provided solely to government agencies and at a General Aviation Airport). The term “Gross Revenues,” as used in this Permit, refers to the total amount of money or other consideration charged for or received by the Permittee for for
(a) all services rendered, (b) all sales made, or (c) all transactions engaged in under the authority of this Permit, and in the case of (a), (b), or (c), such services, sales, or transactions resulted from, or were facilitated by, the activities of the Permittee under this Permit, whether such activities were on the Airport grounds or off the Airport grounds under the conditions set forth in Section C(1) above. The following shall apply to the definition of “Gross Revenues”:
(a) The term “Gross Revenues” is intended to be all-encompassing and is intended to apply to the fullest extent of the money or consideration charged by or received by the Permittee for its activities under this Permit or as facilitated by this Permit, and includes, but specifically is not limited to:
I. Fees and charges imposed by Permittee upon its customers;
II. Opportunity or percentage fees collected by the Permittee from its customers, including any “pass-through” charges to a customer by which the Permittee recovers from the customer the 7% Opportunity Fee, or any portion thereof, payable by the Permittee to MDAD under Section C.1 above;
III. Any money or consideration charged to a customer or received by the Permittee from a customer, whether on a cash or credit basis and whether such money or other consideration is actually paid to or is unpaid to the Permittee, with the Permittee being required to pay MDAD the 7% Opportunity Fee on any uncollected charges to Permittee’s customers; and
(b) If the Permittee does not charge a customer a cash amount or an amount of stated consideration if other than cash, or if MDAD determines that the amount or consideration charged by a Permittee does not reflect the reasonable value of the services provided by the Permittee, MDAD shall have the right to impute a value for Permittee’s services under this Permit and recover from the Permittee 7% of such imputed value.
Appears in 1 contract
Samples: Permit Agreement
Gross Revenues. The term “Gross Revenues,” as used in this Permit, refers to the total amount of money or other consideration charged for or received by the Permittee for (a) all services rendered, (b) all sales made, or (c) all transactions engaged in under the authority For purposes of this PermitLease, and in the case of (a), (b), or (c), such services, sales, or transactions resulted from, or were facilitated by, the activities of the Permittee under this Permit, whether such activities were on the Airport grounds or off the Airport grounds under the conditions set forth in Section C(1) above. The following shall apply to the definition of “Gross Revenues”:
(a) The term “Gross Revenues” is intended to be allmeans the aggregate amount received by TESC, its Affiliates or Sub-encompassing Distributors from Subscribers in connection with PPV Purchases, Subscription Purchases, VOD Purchases, SVOD Selections and is intended to apply to the fullest extent Package Purchases of programming on all of the money or consideration charged by or received by the Permittee for its activities under this Permit or as facilitated by this Permit, and includes, but specifically is not limited to:
I. Fees and charges imposed by Permittee upon its customers;
II. Opportunity or percentage fees collected by the Permittee from its customersServices, including any “passamounts received as payment for partial months of Subscription Purchases, but shall not include any amounts collected in connection with taxes, assessments, or other fees imposed by any governmental or quasi-through” charges to governmental authority. Additionally, and without limiting the generality of the foregoing, the parties agree that Gross Revenues shall not include *****. The parties agree that TESC may, in its sole discretion, credit the account of any Subscriber in connection with a customer cancellation, postponement or delay by the Subscriber, a technical difficulty which impedes or impairs the Permittee recovers from the customer the 7% Opportunity FeeSubscriber’s reception, or any portion thereof, payable by other problem which adversely affects the Permittee to MDAD under Section C.1 above;
III. Any money or consideration charged to quality of the Subscriber’s receipt of a customer or received by the Permittee from Service (each a customer, whether on a cash or credit basis “Refund”) and whether such money or other consideration is actually paid to or is unpaid to the Permittee, with the Permittee being required to pay MDAD the 7% Opportunity Fee on any uncollected charges to Permittee’s customers; and
(b) If the Permittee does not charge a customer a cash amount or an amount of stated consideration if other than cash, or if MDAD determines that the amount or consideration charged of any such Refund shall be deducted from Gross Revenues for purposes of calculating Gross Revenues. TESC may in its reasonable discretion reduce Gross Revenues to adjust for ***** from Subscribers, which adjustment may be made in accordance with TESC’s standard accounting practices for recognition of such ***** (i.e. as a percentage of revenue across all pay per view orders and not limited to the Services), but in no event shall such adjustment for ***** exceed *****. TESC will provide Playboy details of such ***** calculation in the reports described in Section 7(a). Under no circumstances will any revenues attributable to the following be regarded as Gross Revenues: (i) revenues from TESC’s and/or any of its Affiliates’ test sites; provided, that each such test is available for viewing only by a Permittee requesting age-verified adults and does not reflect violate any and complies with all Laws; and (ii) *****; and (iii) equipment fees or charges, monthly fees or related amounts paid by Subscribers that are not directly attributable to the reasonable value viewing of a specific Service (except that monthly subscription fees payable for viewing an Adult Package shall be included as set forth in this Lease). TESC agrees that it shall, during the Term, provide to one location of Playboy’s choosing a free feed of the Services and the other Adult programming services provided transmitted by the Permittee, MDAD shall have the right to impute a value for Permittee’s services under this Permit and recover from the Permittee 7% of such imputed valueTESC.
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Gross Revenues. (Not applicable, inasmuch as the commercial activities authorized under this Permit are provided solely to government agencies). The term “Gross Revenues,” as used in this Permit, refers to the total amount of money or other consideration charged for or received by the Permittee for (a) all services rendered, (b) all sales made, or (c) all transactions engaged in under the authority of this Permit, and in the case of (a), (b), or (c), such services, sales, or transactions resulted from, or were facilitated by, the activities of the Permittee under this Permit, whether such activities were on the Airport grounds or off the Airport grounds under the conditions set forth in Section C(1) above. The following shall apply to the definition of “Gross Revenues”:
(a) The term “Gross Revenues” is intended to be all-encompassing and is intended to apply to the fullest extent of the money or consideration charged by or received by the Permittee for its activities under this Permit or as facilitated by this Permit, and includes, but specifically is not limited to:
I. Fees and charges imposed by Permittee upon its customers;
II. Opportunity or percentage fees collected by the Permittee from its customers, including any “pass-through” charges to a customer by which the Permittee recovers from the customer the 7% Opportunity Fee, or any portion thereof, payable by the Permittee to MDAD under Section C.1 above;
III. Any money or consideration charged to a customer or received by the Permittee from a customer, whether on a cash or credit basis and whether such money or other consideration is actually paid to or is unpaid to the Permittee, with the Permittee being required to pay MDAD the 7% Opportunity Fee on any uncollected charges to Permittee’s customers; and
(b) If the Permittee does not charge a customer a cash amount or an amount of stated consideration if other than cash, or if MDAD determines that the amount or consideration charged by a Permittee does not reflect the reasonable value of the services provided by the Permittee, MDAD shall have the right to impute a value for Permittee’s services under this Permit and recover from the Permittee 7% of such imputed value.
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Samples: Permit Agreement