Gross Sales. Notwithstanding anything in the Lease to the contrary the definition of Gross Sales shall be as follows:
Gross Sales. The term “Gross Sales” as used herein shall be construed to include the entire amount of the actual sales price, whether for cash or otherwise, of all sales of merchandise or services and all other receipts whatsoever of all business conducted in, on or from the Premises by Tenant and/or any other person or entity conducting business in the Premises, including, without limitation, mail, catalog, cable television, computer or telephone orders or other electronic orders received or filled at the Premises, or procured from the Premises by house to house or other canvassing, and all deposits not refunded to purchasers, and orders taken, although said orders may be filled elsewhere. A “sale” shall be deemed to have been consummated for the purposes of this Lease, and the entire amount of the sales price shall be included in Gross Sales, at such time that (a) the transaction is initially reflected in the books or records of Tenant (or such other person or entity making such sale), or (b) Tenant or such other person or entity receives all or any portion of the sales price, or (c) the applicable goods or services are delivered to the customer, whichever first occurs, irrespective of whether payment is made in installments, the sale is for cash or for credit, or otherwise, or all or any portion of the sales price has actually been paid at the time of inclusion in Gross Sales or at any other time. No deduction shall be allowed for direct or indirect discounts, rebates, or other reductions on sales to employees or others, unless generally offered to the public on a uniform basis. In addition, no deduction shall be allowed for uncollected or uncollectible credit accounts, or for trade-ins or other credits on sales to employees or others. The term “Gross Sales” shall not include, however, any sums collected and paid out by Tenant for any sales or excise tax imposed by and accounted for by Tenant to any duly constituted governmental authority, nor shall it include the exchange of merchandise between the stores of Tenant, if any, where such exchange of goods or merchandise is made solely for the convenient operation of the business of Tenant and not for the purpose of consummating a sale which has theretofore been made in or from the Premises and/or for the purpose of depriving Landlord of the benefit of a sale which otherwise would be made in or from the Premises, nor shall the term include the amount of returns to shippers or manufacturers, nor proceeds from the sale o...
Gross Sales. The term “
Gross Sales. Less Allowances (On a separate page, please indicate the reasons for returns or other adjustments if significant.) • Net Sales • Royalty Rate (Please note any unusual occurrences that affected royalty amounts during this period. To assist UFRF’s forecasting, please comment on any market variables that would impact future royalties). • Total Royalty due this period • Total Royalty paid last period
Gross Sales. 4 1.19 Improvements................................................................................. 5 1.20 Know-How..................................................................................... 5 1.21 Parties...................................................................................... 5 1.22 Patents...................................................................................... 5 1.23
Gross Sales. The Employer will provide total gross sales for each employee for the purposes of tip out at the end of each shift, after the blind drop is complete.
Gross Sales. For any period controlled by this Agreement, the total of all sales of units of Licensed Product during the period at invoiced prices, not reduced by discounts allowances or other adjustments other than defective returns. For purposes of this definition, a transfer of a completed unit will be deemed a sale hereunder and the invoice price will be the amount actually billed but will be no less than the LICENSEE's wholesale list price for such a unit of the Licensed Products as published and distributed to the trade.
Gross Sales. “Gross Sales” shall mean the aggregate compensation the LICENSEE, or its subsidiaries, or mutually agreed joint ventures, receives for goods sold under the Patent Rights without a reduction for taxes, transportation, returns, depreciation or other expenses.
Gross Sales. The term “Gross Sales,” as used herein, shall be construed to mean, the aggregate amount of all sales made and services rendered at or from the Premises, and any other revenues of any type arising out of or in connection with Lessee’s operation under this Lease on the Premises, regardless of when or where the order therefore is received, where performed by Lessee, or its Partners, from the Premises for cash or credit or otherwise, of every kind, name, and nature, regardless of when or whether collected or not, as if the same had been sold for cash, or the fair and reasonable value thereof, whichever is greater. Only the following shall be excluded or deducted, from the computation of Gross Sales:
3.1.1 Any and all transaction privilege taxes (sales taxes), excise taxes or related taxes upon or passed through to customers and collected by Lessee on such sales.
3.1.2 Receipts from the sale or trade-in value of any furniture, fixtures or equipment used upon the Premises and owned by Lessee.
3.1.3 The value of any merchandise, supplies or equipment exchanged or transferred from or to Lessee’s other business locations where such exchanges or transfers are not made for the purpose of avoiding a sale that otherwise would be made at or from the Premises.
3.1.4 Receipts in the form of refunds from or the value of merchandise, supplies or equipment returned to shippers, suppliers or manufacturers.
3.1.5 Receipts with respect to any sale where the subject of such sale, or some part thereof, is thereafter returned by a customer to and accepted by Lessee, to the extent of any refund actually granted or adjustment actually made, either in the form of cash or credit.
3.1.6 The amounts of cash or quantity discounts received from sellers, suppliers and manufacturers.
3.1.7 Expenses charged to customers that are paid by Lessee for the shipment of approved foreign currency exchange goods sold as a convenience to customers.
3.1.8 The amounts of any gratuities paid or given by customers to Lessee’s employees.
3.1.9 Receipts from the sale, at cost, of uniforms or clothing to Lessee’s employees where such uniforms or clothing are required to be worn by such employees.
3.1.10 Receipts from the sale of garbage or scrap materials resulting from Lessee’s operations at the Premises.
3.1.11 Meal, tip and other wage credits to Lessee’s employees for purposes of compliance with minimum wage laws.
3.1.12 Gift cards sold at the Premises. When a gift card is redeemed or accepted as payment...
Gross Sales. During the Term, the following shall be used for the calculation of gross sales:
(a) Subject to Section 10.8, the [*] will be used as the source to calculate the number of extended units attributable to Dermatologists in a given Calendar Year “Extended Unit Sales”; and
(b) the Extended Unit Sales shall be multiplied by the [*] price for the Product the mechanism set out sequentially in Sections 10.9(a) and 10.9(b) together providing the calculation of gross sales (“Gross Sales”).
