Gross Sales Defined. As used herein, Gross Sales means the sale prices of all goods, wares and merchandise sold and the charges for all services performed by Tenant or any other person or entity in, at, or from the Premises for cash, credit or otherwise, without reserve or deduction for uncollected amounts except as hereinafter specifically provided, including but not limited to sales and services (i) where the orders originate in, at or from the Premises, regardless from whence delivery or performance is made, (ii) pursuant to mail, telephone, telegraph or otherwise received or filled at the Premises, (iii) resulting form transactions originating in, at or from the Premises, and deposits not refunded to customers. Excluded from Gross Sales shall be: (i) exchanges of merchandise between Tenant's stores made only for the convenient operation of Tenant's business and not to consummate a sale made in, at or from the Premises, (ii) returns to manufacturers, (iii) refunds to customers (but only to the extent included in Gross Sales), (iv) sales of fixtures, machinery and equipment after use in Tenant's business in the Premises, (v) sales of merchandise or services at a discount to Tenant's employees, not to exceed [***] of annual Gross Sales, (vi) amounts that are determined by Tenant to be uncollectible from customers, including checks returned for lack of sufficient funds and credit card chargebacks, not to exceed [***] of annual Gross Sales, provided such amounts were originally included in Gross Sales when made and provided, further, any subsequent collection or recover thereof shall be included in Gross Sales in the Lease Year of collection or recovery, (vii) discounts given for promotional coupons that are redeemed from time to time, not to exceed [***] of annual Gross Sales, (viii) gift certificates until such time as the gift certificates are redeemed, (ix) fees charged by credit card companies for transactions originating in, at or from the Premises not to exceed [***] of annual Gross Sales, and (x) sales, excise or similar tax imposed by governmental authority and collected from customers and paid out by Tenant. No other taxes shall be deducted from Gross Sales.
Gross Sales Defined. “Gross Sales” means the aggregate selling price of all goods, wares, merchandise, tickets, food, beverages and services sold, leased, licensed or delivered from any part of the Premises by Tenant and Tenant’s Occupants and shall include, but not be limited to, (a) sales or charges for cash or credit regardless of collections, (b) sales by vending devices, including coin telephones, (c) proceeds from audio games and video games,
Gross Sales Defined. “Gross Sales” shall mean the entire amount of the actual sale price, whether for cash, credit or otherwise, of all sales of goods and services and all other income and receipts whatsoever of all business conducted at, on or from the Leased Premises, including, without limitation:
Gross Sales Defined. The term “Tenant’s Gross Sales” means the gross proceeds from business done in or from the Premises, including but not limited to, the entire sales price of products sold (including gift and certificates), charges for services or rentals, deposits not refunded to customers, the entire sales price of product sold as a result of orders taken at the Premises but delivered elsewhere, and the entire sales price of products delivered from the Premises as a result of orders taken elsewhere. An installment sale or a sale on credit shall be treated as a sale at the full sales price in the month during which such sale is made. No deduction from Tenant’s Gross Sales shall be allowed for uncollectible credit accounts. Tenant’s Gross Sales shall not be deemed to include any sums collected from customers and paid out for a sales or excise tax imposed by any duly constituted governmental authority if the amount of such tax is separately charged to the customer and paid by Xxxxxx directly to or for the benefit of the governmental authority.
Gross Sales Defined. As used herein, the term “Gross Sales” shall include all revenue derived from the sale of Metal Detecting Permits on the Leased Property, whether delivered on or off the Park, and whether paid for in cash or credit, and regardless of when or whether paid for or not, except only as explicitly excluded hereunder. Excluded from Gross Sales shall be:
Gross Sales Defined. (a) The words "
Gross Sales Defined. As used in this Lease, “
Gross Sales Defined. For the purpose of this agreement, the term "
Gross Sales Defined. As used in this Lease, “Gross Sales” means the aggregate cover or admission charges for any entertainment, attraction or other facility at the Premises, sponsorship and/or naming rights for the exhibitions presented at the Premises, the aggregate selling price of (a) all tickets, food, beverages, products, merchandise, goods and services sold in, upon or from the Premises and (b) all Luxor branded or connected products, merchandise, goods or services sold through, in, or from internet based activities and/or a catalog controlled by Tenant or distributed in, upon or from the Premises (regardless of where or when payment is made for such Luxor branded or connected products, merchandise or goods or where such Luxor branded or connected products, merchandise or goods are shipped from or delivered to) by Tenant, Tenant’s subtenants, licensees and concessionaires, personally or from any vending or coin operated or token operated device, whether for check, cash, on credit or otherwise excluding only the following:
Gross Sales Defined. The term Gross Sales means the gross selling price of all merchandise or services sold, leased, licensed, processed (including transactions consummated via the internet), filled or delivered in or from the Premises by Tenant, its permitted subtenants, assignees, licensees, and concessionaires, whether for cash or on credit (whether collected or not), including the gross amount received by reason of orders taken on the Premises although filled elsewhere, and whether made by store personnel or vending machines. Any transaction on an installment basis, including, without limitation, any lay-away sale or like transaction, or otherwise involving the extension of credit, shall be treated as a sale for the full price at the time of the transaction, irrespective of the time of payment or when title passes. Gross Sales also shall include any sums that Tenant receives from pay telephones or stamp machines. Notwithstanding anything contained herein to the contrary, in credit card transactions, only the amount actually received by Tenant from the credit card issuer shall be included in the Gross Sales. If there is a State Lottery, then, only the full amount of compensation and incentive bonuses paid to and received by Tenant for the sale of State Lottery tickets sold from the Premises, as such compensation and bonuses are determined from time to time by the State Lottery Commission and Director and other applicable State laws, shall be included in Gross Sales.
