Common use of Gross Sales Defined Clause in Contracts

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. 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 providedamounts, 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 from transactions originating in, at or from the Premises, and deposits not refunded to customerscustomers when retained by Tenant. 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 or credits 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, (vi) the amount of gift certificates, or like vouchers, until and unless the same are converted into a sale by redemption in a store operated by Tenant (in which instance, for purposes hereof, the sale shall be counted at the store where such certificate or voucher was redeemed, and not at the store where it was purchased, if different), (vii) the amounts of discounts allowed pursuant to established discount policies benefiting Tenant's employees, (viii) the amounts of all finance charges, service charges, late payments, annual fees, transaction charges, interest or other such charges, however denominated, paid by customers of the Tenant (a) in connection with the extension of credit and (b) in addition to the price paid for goods and services sold and/or provided by Tenant from the Premises, (ix) the amounts of all receipts from alteration or similar services and workroom operations, including, but not limited to, such operations performed by subcontractors, licensees and/or concessionaires performing such services on behalf of Tenant, (x) the amounts of delivery charges, including but not limited to, parcel post, freight and express charges, to the extent such charges are actually charges to customers of the Tenant and are in addition to the price of the merchandise sold, (xi) the amounts of register overages and shortages, uncollected bad checks and fraudulent purchases, (xii) the amount of revenues, if any, of any valet or other parking service operated by or for the benefit of Tenant, so long as such service is provided primarily as an accommodation to customers of Tenant, and not primarily for profit, (xiii) the amount of any sale of merchandise by one operating division or affiliate of Tenant to another, in contemplation of any substantial seasonal markdown, where such merchandise is thereupon removed from the Premises, (xiv) the amount of any bulk sale at or below wholesale prices, (xv) the amount of any donation or sale at substantial discount to any charitable organization, (xvi) the net costs of special promotions, (xvii) trunk sales, (xviii) credits or payments in settlement of claimed losses, (xix) punitive damages or treble damages received in antitrust litigation, (xx) receipts from public telephones and vending machines used solely by employees of Tenant, (xxi) Tenant's accounts receivable, previously included in Gross Sales in any lease Year, which have been determined to be uncollectible for federal income tax purposes during the Lease Year; provided, however, that if such accounts are actually collected in a later Lease Year, the amount shall be included in the Gross Sales for such later Lease Year, (xxii) rents, subrents or other consideration received in connection with an assignment, sublease, license, concession or other transfer of any portion of the store, provided the Gross Sales of all licensees, sublessees and concessionaires are included in Gross Sales. No other taxes shall be deducted from Gross Sales.

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 from transactions originating in, at or from the Premises, and deposits not refunded to customers. Excluded from Gross Sales shall be: (i) 7 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 or allowances made on merchandise claimed to be defective or unsatisfactory 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) all sales to employees of merchandise or services Tenant while on duty which sales shall be at a discount to no less than any discounted price allowed employees in accordance with Tenant's employeesthen-existing policies, provided, however, the discounted portion of such sales to employees not to included in Gross Sales shall not exceed [***] two percent (2%) of Tenant's 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 chargebacksbad debts, not to exceed [***] two percent (2%) of Tenant's annual Gross Sales, provided such amounts bad debts were originally included in Gross Sales when made and provided, further, any subsequent collection or recover recovery thereof shall be included in Gross Sales in the Lease Year year of collection or recovery, and (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 from vending devices located on the Premises shall be limited to net proceeds from such vending devices received by Tenant.