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. The term “Gross Sales” means the gross amount received (including for this purpose only the amount received from any Concessionaire, as defined in Section 21.2) from all sales and services, both for cash and on credit, made, performed, or rendered in, upon or from the Premises (and in cases of sales on credit whether or not payment be actually made therefor) and including the gross amount received by Tenant for merchandise sold pursuant to orders received in the Premises although filled elsewhere. Gross Sales shall not include:
Gross Sales Defined. As used herein, the term "Gross Sales" means the entire amount of the actual sales price of all sales of food, beverages and merchandise conducted in or from the Restaurant, and sales by any concessionaire or licensee in the Restaurant. "Gross Sales" shall not include, however, any sums collected and paid out for any sales, excise or gross receipts tax imposed upon the sale of any food or beverages by any duly constituted governmental authority nor shall it include the exchange of food or beverages between MBI facilities, if any, where such exchange of food or beverages is made for the convenient operation of MBI's business and not for the purpose of consummating elsewhere a sale which has theretofore been made at, in or from the Restaurant, or for the purpose of depriving the Partnership of the benefit of a sale which otherwise would be made at, in or from the Restaurant, nor the amount of returns to shippers or manufacturers, nor the amount of any complimentary food, beverages or merchandise given out at the Restaurant for promotional or other purposes, nor the amount of any cash or credit refund made upon any sale where the merchandise sold, or some part thereof, is thereafter returned by the purchaser and accepted by the Partnership, nor receipts from public telephones, stamp machines, public toilet locks or vending machines, nor sales of furniture, equipment, property or bulk sales not in the ordinary course of business, nor sales to employees, nor any credit card charges payable by the Partnership.
Gross Sales Defined. The term 21 "Gross Sales" shall mean the aggregate amount of all sales, whether for cash, credit or otherwise, of food, beverages, 22 goods, articles, any other merchandise and all charges for services performed, made and rendered in, about or in 23 connection with the Premises by Tenant, including off-Premises sales and monies derived at or away from the 24 Premises made in connection with the operation thereof, plus 25 the net amount of all receipts by Tenant from all sales made or performed by means of mechanical or other vending devices except tobacco vending machines and pay telephones. Gross 26 Sales shall not include any federal, state, municipal or other sales, value added, retail, excise or similar taxes 27 paid or incurred by Tenant whether such taxes are collected from customers or absorbed by Tenant; discounts from sales to 28 employees; complimentary meals; tips or gratuities; proceeds of insurance policies received by Tenant; condemnation 29 awards; bulk and intercompany transfers of food or inventory; proceeds from the sale of used restaurant equipment, fixtures 30 or any other property that is not merchandise; or payments 31 for gift certificates or like vouchers.
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:
A. Insurance proceeds of any kind received by Tenant, and all other monies and credit received by Tenant in the settlement of claims for loss or damages of Tenant’s food, beverages, products, merchandise, goods or services.
B. Box office service fees and credit card processing fees and charges payable to Landlord.
C. Ticket broker service fees and commissions.
D. Credit card charge backs so long as the party seeking to exclude such charges followed all of its procedures with regard to authenticating and processing credit card charges.
E. An amount equal to the cash refunded or credit allowed on tickets, food, beverages, products, merchandise or goods returned by customers and accepted by Tenant (or Landlord under Section 8.4H), or the amount of cash refunded or credit allowed thereon in lieu of Tenant’s acceptance thereof, but only to the extent that the sales relating to such tickets, food, beverages, products, merchandise, goods or services were made in, about or from the Premises. Any credit or refund shall reduce Gross Sales for the accounting period during which such credit or refund is made but shall not affect Gross Sales, for the period in which the original sale was made
F. The discounted portion of promotional coupons for admission to the Bodies and/or Titanic Exhibit.
G. Sales taxes, so called luxury or value added taxes, Live Entertainment Taxes (“LET”) or similar taxes now or hereafter imposed upon the sale of tickets, food, beverages, prod...
Gross Sales Defined. (a) The words "Gross Sales" as used herein shall mean the gross amount of all revenue generated by sales, rental, performance of services, or otherwise by Tenant and/or by any subtenant, licensee or concessionaire made or originating in, at or from the Premises (including, but not limited to, catalogue sales made at or from the Premises), whether for cash, credit or other consideration (with such other consideration being determined at fair market value) and financing charges on all Gross Sales (without reserve or deduction for inability or failure to collect). Gross Sales also shall include all deposits not refunded to purchasers. Each sale upon installment or credit shall be treated as a sale for the full price in the month during which such sale shall be made, irrespective of the time when Tenant shall receive payment therefor.
Gross Sales Defined. As used in this Lease, “
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, 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 from 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) retail or wholesale sale of cigarettes and Lotto tickets, (vi) 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. For the purpose of this agreement, the term "
