Common use of Gross Sales Clause in Contracts

Gross Sales. Gross Sales means the selling price of all merchandise or services sold, leased, licensed, or delivered in or from the Premises, including orders and sales made using electronic media, by Tenant, its subtenants, licensees, franchisees or concessionaires, whether for cash or on credit (whether collected or not), including the amount received by reason of orders taken on the Premises although filled elsewhere, and whether made by store personnel or vending machines. All sales originating at the Premises shall be considered as made and completed therein, even though bookkeeping and collection of the account may be transferred to another place and even though orders may be filled and deliveries may be made from a place other than the Premises. All deliveries to customers made from the Premises, or prepared at the Premises, shall be considered to be made in and from the Premises even though orders may be taken elsewhere. 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. Notwithstanding the foregoing, Gross Sales shall not include, or if included there shall be deducted (but only to the extent they have been included), the following: The selling price of all merchandise returned by customers and accepted for full credit, or the amount of discounts, refunds, and allowances made on such returned merchandise, but the use of any such credit or discounts to purchase other merchandise shall not be excluded, and this exclusion shall not include any amounts paid or payable for trading stamps; Merchandise returned to suppliers or transferred in original packages without any processing or preparation to another store or warehouse owned by or affiliated with Tenant; Sums and credits received in the settlement of claims for loss of or damage to merchandise; To the extent that same are actually paid (but excluding any and all interest and penalties assessed thereon), sales and use taxes, so-called luxury taxes, consumers excise taxes, gross receipts taxes and other similar taxes now or in the future imposed on the sale of merchandise or services, but only if such taxes are added to the selling price, separately stated, collected separately from the selling price of merchandise or services, and collected from customers; and Sales of fixtures, equipment or personal property that are not stock in trade.

Gross Sales. The term “Gross Sales means the selling price Sales” includes all moneys or things of all merchandise value received or services sold, leased, licensed, or delivered in or from the Premisesreceivable, including orders and sales made using electronic medialease or rental revenue (without deductions for uncollectibles), by Tenant, its subtenantssublessees, licenseeslicensees or concessionaires or others, franchisees for merchandise sold or concessionairesservices performed or equipment, whether for cash merchandise or other inventory items leased or rented or business conducted (including: interest, time-price differential, finance charges and service charges on time-payment sales, credit (whether collected sales or not)lay-away sales) in, including the amount received by reason of orders taken on the Premises although filled elsewhere, and whether made by store personnel about or vending machines. All sales originating at the Premises shall be considered as made and completed therein, even though bookkeeping and collection of the account may be transferred to another place and even though orders may be filled and deliveries may be made from a place other than the Premises. All deliveries to customers made from the Premises, or prepared at the Premises, shall be considered to be made in and from the Demised Premises even though orders may be taken elsewhere. Any transaction on an installment basis, (including, without limitation, any “lay-away” sale orders received in person or like transactionby mail, telephone or otherwise involving telegraph, and services performed by Tenant away from the extension of creditDemised Premises), shall be treated as a sale for including transactions in which delivery is made to the full price customer at the time of Demised Premises but the transactionorder is taken elsewhere, irrespective of transactions in which the time of payment or when title passes. Notwithstanding order is taken at the foregoingDemised Premises but delivery is made elsewhere, Gross Sales shall not include, or if included there shall be deducted (but only to the extent they have been included), the following: The selling price of all merchandise returned by customers receipts from mechanical and accepted for full credit, or the amount of discounts, refundsother vending machines, and allowances made on such returned merchandise, but the use of any such credit or discounts deposits not refunded to purchase other merchandise shall not be excluded, and this exclusion purchasers. The term “Gross Sales” shall not include any amounts paid (i) governmental excise or payable for trading stamps; Merchandise returned to suppliers or transferred in original packages without any processing or preparation to another store or warehouse owned by or affiliated with Tenant; Sums and credits received in the settlement of claims for loss of or damage to merchandise; To the extent that same are actually paid (but excluding any and all interest and penalties assessed thereon), sales and use taxes, so-called luxury taxes, consumers excise taxes, gross receipts taxes and other similar taxes now or in the future imposed on the sale of merchandise or services, but only if such taxes are added to the selling priceprice of the item and paid by Tenant directly to the taxing authority, separately stated, collected separately from or (ii) refunds or allowances to customers not in excess of the original selling price of the item, or (iii) transfers or exchanges of merchandise to another of Tenant’s stores made in the regular course of Tenant’s business and not for the purpose of avoiding consummation of a sale in the Demised Premises, or services(iv) returns to shippers or manufacturers, or (v) sales of Tenant’s “Removable Trade Fixtures” (as defined in the Lease) after use by Tenant in the Demised Premises. Under no circumstances shall there be any deduction from Gross Sales by reason of Tenant’s being liable to pay any franchise tax, capital stock tax, income tax or similar or dissimilar tax based upon Tenant’s income, capital structure, or profits. All Gross Sales will be recorded so that each transaction is evidenced accurately in accordance with generally accepted accounting principles. Full and adequate records and books of account shall be accurately maintained by Tenant on all business operations in or about the Demised Premises. All books of account, records, daily cash register total slips, sales slips and Federal income tax returns relating to Tenant’s operation in or about the Demised Premises will be retained by Tenant for a period of three (3) years after preparation, and collected from customers; and Sales will be open to inspection by Landlord (or its representative) at all reasonable times. Tenant shall also furnish Landlord copies of fixtures, equipment any financial statements of Tenant or personal property sales tax reports that are not stock in tradeprepared during the Term of this Lease.

Gross Sales. The term "Gross Sales means Sales" as used herein shall be construed to include the selling price entire amount of all merchandise or services sold, leased, licensed, or delivered in or from the Premises, including orders and actual sales made using electronic media, by Tenant, its subtenants, licensees, franchisees or concessionairesprice, whether for cash or on credit (whether collected otherwise, of all sales of merchandise or not), including the amount received by reason services and all other receipts whatsoever of orders taken on the Premises although filled elsewhere, and whether made by store personnel all business conducted in or vending machines. All sales originating at the Premises shall be considered as made and completed therein, even though bookkeeping and collection of the account may be transferred to another place and even though orders may be filled and deliveries may be made from a place other than the Premises. All deliveries to customers made from the Premisesleased premises by Tenant, or prepared at the Premises, shall be considered to be made by all concessionaires (as defined in and from the Premises even though orders may be taken elsewhere. Any transaction on an installment basisSection 3.2 hereof) or otherwise, including, without limitation, any “lay-away” sale mail, catalogue or like transactiontelephone orders received or filled at the leased premises, 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 (i) the transaction is initially reflected in the books or records of Tenant or a concessionaire (if a concessionaire makes the sale), or otherwise involving (ii) Tenant or such concessionaire receives all or any portion of the extension sales price, or (iii) 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, shall be treated as a sale for or otherwise, or all or any portion of the full sales price has actually been paid at the time of the transaction, irrespective of the time of payment or when title passes. Notwithstanding the foregoing, 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 included there 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 leased premises and/or for the purpose of depriving Landlord of the benefit of a sale which otherwise would be made in or from the leased premises, nor shall be deducted (but only to the extent they have been included), the following: The selling price of all merchandise returned by customers and accepted for full credit, or term include the amount of discountsreturns to shippers or manufacturers, refunds, and allowances made on such returned merchandise, but the use of any such credit or discounts to purchase other merchandise shall not be excluded, and this exclusion shall not include any amounts paid or payable for trading stamps; Merchandise returned to suppliers or transferred in original packages without any processing or preparation to another store or warehouse owned by or affiliated with Tenant; Sums and credits received in the settlement of claims for loss of or damage to merchandise; To the extent that same are actually paid (but excluding any and all interest and penalties assessed thereon), sales and use taxes, so-called luxury taxes, consumers excise taxes, gross receipts taxes and other similar taxes now or in the future imposed on nor proceeds from the sale of merchandise trade fixtures. There shall be deductible from Gross Sales the amount of any cash or services, but only if such taxes are added to the selling price, separately stated, collected separately credit refund made upon any sale in or from the selling price of leased premises, previously included in "Gross Sales" hereunder, not to exceed the sum so previously included, where the merchandise or services, sold is thereafter returned by the purchaser and collected from customers; accepted by Tenant. The term "merchandise" as used in this Lease shall include food and Sales of fixtures, equipment or personal property that are not stock beverages if Tenant is permitted to sell such items in tradeSection 7.1 hereof.

Gross Sales. “Gross Sales means Sales”, as such term is used herein, shall be construed to include the selling price entire amount of all merchandise or services sold, leased, licensed, or delivered in or from the Premises, including orders and sales made using electronic media, by Tenant, its subtenants, licensees, franchisees or concessionairesactual receipts, whether for cash or on credit (otherwise, of all sales of merchandise, service or any other receipt whatsoever of all business conducted at, in, from, about, or upon the Premises, including, but not limited to, mail orders, telephone orders, Internet orders, and/or other orders in whatever manner received, placed or filled, whether collected in whole or not)in part, at the Premises, and including the amount received by reason of all deposits not refunded to purchasers, orders taken on the Premises (although filled elsewhere, and whether made by store personnel or vending machines. All sales originating at the Premises shall be considered as made and completed therein, even though bookkeeping and collection of the account may be transferred to another place and even though said orders may be filled elsewhere), sales to employees, sales through vending machines or other devices, and deliveries may sales by any subtenant, concessionaire or licensee or otherwise at, in, from, about or upon the Premises, provided that nothing herein shall permit Tenant to sublet the Premises or grant any license or concession except as expressly permitted pursuant to the terms of Article 23. No deduction shall be allowed for (i) uncollected or uncollectible accounts, (ii) any income or similar tax based on income, (iii) any gross receipts tax, or (iv) any cash or credit refund given for any sale made from a place other than via the Internet and not originating with an Internet order placed in the Premises. All deliveries to customers made from the Premises, Each sale upon installments or prepared at the Premises, shall be considered to be made in and from the Premises even though orders may be taken elsewhere. Any transaction on an installment basis, including, without limitation, any “lay-away” sale or like transaction, or otherwise involving the extension of credit, credit shall be treated as a sale for the full price at in the time of the transactionmonth during which such sale is made, irrespective of the time of when Tenant shall receive payment or when title passestherefor. Notwithstanding the foregoing, Gross Sales shall not includeinclude (i) any sales tax, use tax, or any other tax separately collected by Tenant and paid to any duly constituted governmental authority, (ii) the exchange of merchandise between the stores of Tenant, if included there shall any, where such exchange of goods or merchandise are made solely for the convenient operation of the business of Tenant and not for the purpose of consummating a sale which had theretofore been made at, in, from, about or upon the Premises and/or for the purpose of depriving Landlord of the benefit of a sale which otherwise would be deducted made at, in, from, about or upon the Premises, (but only to the extent they have been included), the following: The selling price of all merchandise returned by customers and accepted for full credit, or iii) the amount of discountsreturns to shippers or manufacturers, and (iv) sales of Tenant’s store fixtures which are not a part of Tenant’s stock in trade and which Xxxxxx has a right to remove from the Premises. Tenant may deduct from Gross Sales the actual net amount of refunds, and credits or allowances made on such returned merchandise, but the use of any such credit or discounts to purchase other merchandise shall allowed by Tenant in accordance with reasonable business practices upon transactions previously included within Gross Sales (not be excluded, and this exclusion shall not include any amounts paid or payable for trading stamps; Merchandise returned to suppliers or transferred exceeding in original packages without any processing or preparation to another store or warehouse owned by or affiliated with Tenant; Sums and credits received in the settlement of claims for loss of or damage to merchandise; To the extent that same are actually paid (but excluding any and all interest and penalties assessed thereon), sales and use taxes, so-called luxury taxes, consumers excise taxes, gross receipts taxes and other similar taxes now or in the future imposed on the sale of merchandise or services, but only if such taxes are added to the selling price, separately stated, collected separately from amount the selling price of merchandise or services, the item in question) where the item is returned by the purchaser and collected from customers; accepted by Xxxxxx (provided that anything given in exchange for returned items and any such credits to customers shall be included in Gross Sales). Tenant’s right not to include the items set forth (in Sections i through iv) above in Gross Sales shall be subject to the condition that Tenant shall furnish to Landlord together with Tenant’s annual statement of fixtures, equipment or personal property that are Gross Sales an itemization by category of the total amount not stock included within Gross Sales. Tenant shall maintain itemized records in tradeaccordance with generally accepted accounting principles (“GAAP”) in connection with each category as permitted hereunder. 704. Intentionally Deleted.

Gross Sales. Gross Sales means The term "gross sales" as used in this Lease shall be deemed to mean the selling price aggregate gross amount of all sales of merchandise made and all charges for services performed by Tenant or services soldany persons, leased, licensedfirms or corporations on its behalf, or delivered any tenants or concessionaires of Tenant, from, in or from upon the Premises, including orders and sales made using electronic media, by Tenant, its subtenants, licensees, franchisees or concessionaires, whether for cash or on credit (whether collected or not), including the amount received by reason of orders taken on upon the Premises although filled elsewhere, and whether made by store personnel or vending machines. All sales originating at the Premises shall be considered as made and completed therein, even though bookkeeping and collection of the account may be transferred to another place and even though orders may be filled and deliveries may be made for delivery from a place sources other than the Premises, and whether wholesale or retail, and whether cash or credit, less refunds for merchandise returned for which cash has been refunded or credit given. All deliveries Gross sales shall also include the value of any consideration other than money, as well as money, received by Tenant or by subtenants, concessionaires or other persons firms or corporations under subleases or arrangements of any nature for the right to customers made from occupy or to transact business upon the Premises. The amount of any sales and excise taxes whatsoever, and however imposed, computed or paid for sales from, in, or upon the Premises, or prepared at shall, to the Premisesextent included in sales, shall be considered to be made in and from the Premises even though orders may be taken elsewherededucted when determining gross sales. 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. Notwithstanding the foregoing, Gross Sales shall not include, or if included there shall be deducted (but only to the extent they have been included), include the following: The selling price of all merchandise returned by customers and accepted for full credit, or (a) the amount of discounts, refunds, and allowances cash refunds made on such returned merchandise, but to Tenant's customers for the use return of any such credit merchandise purchased at the Premises; (b) sum or discounts to purchase other merchandise shall not be excluded, and this exclusion shall not include any amounts paid or payable for trading stamps; Merchandise returned to suppliers or transferred in original packages without any processing or preparation to another store or warehouse owned by or affiliated with Tenant; Sums and credits received in the settlement of claims for loss of or damage to merchandise; To (c) the extent that same are actually paid exchange of merchandise between the stores of Tenant and its affiliates and licensees where such exchange is made solely for the convenient operation of Tenant's business and not for the purpose of depriving Landlord of the benefit of a sale which would otherwise be made at, in, from or upon the Premises; (but excluding any and all interest and penalties assessed thereon), sales and use taxes, so-called luxury taxes, consumers excise taxes, gross receipts taxes and other similar taxes now d) the amount of merchandise returned by Tenant to shippers or in the future imposed on manufacturers; (e) the sale of merchandise or services, but only if such taxes are added to the selling price, separately stated, collected separately from the selling price of merchandise or services, and collected from customers; and Sales of fixtures, machinery or equipment or personal property that which are not Tenant's stock in trade; (f) interest, service or sales carrying charges paid by customers to Tenant for the extension of credit on sales; (g) delivery charges, provided same are separately stated and no profit is made thereon; (h) gift certificates until such time as the same shall be converted into a sale by redemption or deemed abandoned; (i) catalog orders accepted in the Premises so long as same are accepted via a separate mail order catalog sales desk and/or direct telephone and processed directly by Tenant's mail order catalog processing center, provided such sales do not exceed one-half of one percent (1/2%) of Tenant's Gross Sales; (j) the amount of sales to Tenant's employees employed at the Premises, provided such amount does not exceed one percent (1%) of Tenant's Gross Sales.

Gross Sales. The term "Gross Sales means Sales" as used herein shall be construed to include the selling price entire amount of all merchandise or services sold, leased, licensed, or delivered in or from the Premises, including orders and actual sales made using electronic media, by Tenant, its subtenants, licensees, franchisees or concessionairesprice, whether for cash or on credit (whether collected otherwise, of all sales of merchandise or not), including the amount received by reason services and all other receipts whatsoever of orders taken on the Premises although filled elsewhere, and whether made by store personnel all business conducted in or vending machines. All sales originating at the Premises shall be considered as made and completed therein, even though bookkeeping and collection of the account may be transferred to another place and even though orders may be filled and deliveries may be made from a place other than the Premises. All deliveries to customers made from the Premisesleased premises by Tenant, or prepared at the Premises, shall be considered to be made by all concessionaires (as defined in and from the Premises even though orders may be taken elsewhere. Any transaction on an installment basisSection 3.02 hereof) or otherwise, including, without limitation, any “lay-away” sale mail, catalogue or like transactiontelephone orders received or filled at the leased premises, 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 (i) the transaction is initially reflected in the books or records of Tenant or a concessionaire (if a concessionaire makes the sale), or otherwise involving (ii) Tenant or such concessionaire receives all or any portion of the extension sales price, or (iii) 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, shall be treated as a sale for or otherwise, or all or any portion of the full sales price has actually been paid at the time of the transaction, irrespective of the time of payment or when title passes. Notwithstanding the foregoing, 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 included there 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 leased premises and/or for the purpose of depriving Landlord of the benefit of a sale which otherwise would be made in or from the leased premises, nor shall be deducted (but only to the extent they have been included), the following: The selling price of all merchandise returned by customers and accepted for full credit, or term include the amount of discountsreturns to shippers or manufacturers, refunds, and allowances made on such returned merchandise, but the use of any such credit or discounts to purchase other merchandise shall not be excluded, and this exclusion shall not include any amounts paid or payable for trading stamps; Merchandise returned to suppliers or transferred in original packages without any processing or preparation to another store or warehouse owned by or affiliated with Tenant; Sums and credits received in the settlement of claims for loss of or damage to merchandise; To the extent that same are actually paid (but excluding any and all interest and penalties assessed thereon), sales and use taxes, so-called luxury taxes, consumers excise taxes, gross receipts taxes and other similar taxes now or in the future imposed on nor proceeds from the sale of merchandise trade fixtures. There shall be deductible from Gross Sales the amount of any cash or services, but only if such taxes are added to the selling price, separately stated, collected separately credit refund made upon any sale in or from the selling price of leased premises, previously included in "Gross Sales" hereunder, not to exceed the sum so previously included, where the merchandise or services, sold is thereafter returned by the purchaser and collected from customers; accepted by Tenant. The term "merchandise" as used in this Lease shall include food and Sales of fixtures, equipment or personal property that are not stock beverages if Tenant is permitted to sell such items in tradeSection 7.01 hereof.

Gross Sales. Tenant agrees, within thirty (30) days after the end of each fiscal year of Tenant (February 1 through January 31), commencing at the end of Tenant's fiscal year beginning on February 1 of the year immediately following the Commencement Date, to determine and report to Landlord Tenant's Gross Sales means from its use or occupancy of the Leased Premises and/or from the business conducted on or in connection therewith ("Gross Sales"). The term "Gross Sales" shall exclude any sales to employees under company plans which do not exceed two percent (2%) of Gross Sales, transfers of merchandise between G.I. Joe's stores, receipts from the sale of tickets (except that portion of such sales representing commissions or fees received by Tenant or its affiliates), the amount of returns and refunds, discounts actually made or given in the ordinary course of business, carrying charges included in the selling price on conditional sales contracts, financing charges on credit card sales where the financing charge is not collected at the Leased Premises, and the amount of any sales tax or other excise tax imposed upon said sales and charges if such sales tax, excise tax or similar tax is billed to the purchaser as a separate item, but, except as excluded above, shall include, among other things, all gross income, fees or commissions from any other operations in, at or upon the Leased Premises, all deposits received by Tenant at the Leased Premises and not refunded, all orders received in the Leased Premises by telephone or mail due to catalog or other canvassing methods, and the selling price of all goods, wares and merchandise sold, leased or licensed or services soldrendered in, leased, licensed, or delivered in on or from the PremisesLeased Premises or Tenant's activities in the Shopping Center, directly by Tenant or through its sublessees, licensees and concessionaires. The percentage rent shall be equal to three-quarters of one percent (3/4 of 1%) of Gross Sales exceeding fifteen million dollars ($15,000,000) during each fiscal year of Tenant occurring during the term of this Lease, including orders and sales made using electronic mediaany renewal periods. Tenant agrees to pay Landlord such percentage rent, by as additional rent, April 1 of each lease year commencing at the end of the first fiscal year of Tenant which starts after the Commencement Date. Percentage rent for any lease month occurring after the Commencement Date but prior to the start of Tenant, its subtenants, licensees, franchisees or concessionaires, whether for cash or on credit (whether collected or not), including the amount received by reason of orders taken 's first fiscal year shall be prorated on the Premises although filled elsewherebasis of, and whether made by store personnel or vending machines. All sales originating paid at the Premises shall be considered as made and completed thereinsame time as, even though bookkeeping and collection the percentage rent payable during such first fiscal year. Furthermore, in the event the term of the account may be transferred to another place and even though orders may be filled and deliveries may be made from this Lease ends on a place date other than the Premises. All deliveries to customers made from the Premisesending date of Tenant's fiscal year, or prepared at the Premises, percentage rent for that fiscal year shall be considered to be made prorated on the basis of percentage rent paid by Tenant in the previous fiscal year and from the Premises even though orders may be taken elsewhere. 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 paid to Landlord within thirty (30) days of the transaction, irrespective end of the time term of payment or when title passes. Notwithstanding the foregoing, Gross Sales shall not include, or if included there shall be deducted (but only to the extent they have been included), the following: The selling price of all merchandise returned by customers and accepted for full credit, or the amount of discounts, refunds, and allowances made on such returned merchandise, but the use of any such credit or discounts to purchase other merchandise shall not be excluded, and this exclusion shall not include any amounts paid or payable for trading stamps; Merchandise returned to suppliers or transferred in original packages without any processing or preparation to another store or warehouse owned by or affiliated with Tenant; Sums and credits received in the settlement of claims for loss of or damage to merchandise; To the extent that same are actually paid (but excluding any and all interest and penalties assessed thereon), sales and use taxes, so-called luxury taxes, consumers excise taxes, gross receipts taxes and other similar taxes now or in the future imposed on the sale of merchandise or services, but only if such taxes are added to the selling price, separately stated, collected separately from the selling price of merchandise or services, and collected from customers; and Sales of fixtures, equipment or personal property that are not stock in tradeLease.

Gross Sales. The term "Gross Sales means Sales" as used herein shall be construed to include the selling price entire amount of all merchandise or services sold, leased, licensed, or delivered in or from the Premises, including orders and actual sales made using electronic media, by Tenant, its subtenants, licensees, franchisees or concessionairesprice, whether for cash or on credit (whether collected otherwise, of all sales of merchandise or not), including the amount received by reason services and all other receipts whatsoever of orders taken on the Premises although filled elsewhere, and whether made by store personnel all business conducted in or vending machines. All sales originating at the Premises shall be considered as made and completed therein, even though bookkeeping and collection of the account may be transferred to another place and even though orders may be filled and deliveries may be made from a place other than the Premises. All deliveries to customers made from the Premisesleased premises by Tenant, or prepared at the Premises, shall be considered to be made by all concessionaires (as defined in and from the Premises even though orders may be taken elsewhere. Any transaction on an installment basisSection 3.02 hereof) or otherwise, including, without limitation, any “lay-away” sale mail, catalogue or like transactiontelephone orders received or filled at the leased premises, 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 (i) the transaction is initially reflected in the books or records of Tenant or a concessionaire (if a concessionaire makes the sale), or otherwise involving (ii) Tenant or such concessionaire receives all or any portion of the extension sales price, or (iii) 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, shall be treated as a sale for or otherwise, or all or any portion of the full sales price has actually been paid at the time of the transaction, irrespective of the time of payment or when title passes. Notwithstanding the foregoing, 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 included there 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 leased premises and/or for the purpose of depriving Landlord of the benefit of a sale which otherwise would be made in or from the leased premises, nor shall the term include the amount of returns to shippers or manufacturers, nor proceeds from the sale of trade fixtures. There shall also be deducted excluded from Gross Sales (but only i) receipts from public telephones, cigarette vending machines and jukeboxes approved by Landlord, to the extent they such receipts are paid to an unaffiliated third party owner of such machines; (ii) gift certificates or like vouchers until such time as the same shall have been included), the following: The selling price redeemed; (iii) tips collected by employees of all merchandise returned by customers Tenant; and accepted for full credit, or (iv) the amount of discountsthe discount allowed on employee meals, refunds, and allowances made on such returned merchandise, but provided the use same shall not exceed three percent (3%) of Tenant's Gross Sales during any lease year. There shall be deductible from Gross Sales the amount of any such cash or credit refund made upon any sale in or discounts to purchase other merchandise shall not be excluded, and this exclusion shall not include any amounts paid or payable for trading stamps; Merchandise returned to suppliers or transferred in original packages without any processing or preparation to another store or warehouse owned by or affiliated with Tenant; Sums and credits received in the settlement of claims for loss of or damage to merchandise; To the extent that same are actually paid (but excluding any and all interest and penalties assessed thereon), sales and use taxes, so-called luxury taxes, consumers excise taxes, gross receipts taxes and other similar taxes now or in the future imposed on the sale of merchandise or services, but only if such taxes are added to the selling price, separately stated, collected separately from the selling price of leased premises, previously included in "Gross Sales" hereunder, not to exceed the sum so previously included, where the merchandise or services, sold is thereafter returned by the purchaser and collected from customers; accepted by Tenant. The term "merchandise" as used in this Lease shall include food and Sales of fixtures, equipment or personal property that are not stock beverages if Tenant is permitted to sell such items in tradeSection 7.01 hereof.

Gross Sales. The term "Gross Sales" as used herein is hereby defined to mean Gross Sales means the selling price of Lessee, from all merchandise or services sold, leased, licensed, or delivered in business conducted upon or from the Demised Premises, including orders and sales made using electronic media, whether such business be conducted by Tenant, its subtenants, Lessee or by any licensees, franchisees concessionaires or concessionairessublessees of Lessee, and whether for cash such sales be evidenced by check, credit, charge account, exchange or on credit (whether collected or not)otherwise, including and shall include, but not be limited to, the amount received by reason from the sale of goods, wares and merchandise and for services performed on or at the Demised Premises together with the amount of all orders taken on or received at the Demised Premises, whether such order be filled from the Demised Premises although filled or elsewhere, and whether such sales be made by store personnel means of merchandise or other vending machines. All sales originating at devices in the Premises shall be considered as made and completed therein, even though bookkeeping and collection of the account may be transferred to another place and even though orders may be filled and deliveries may be made from a place other than the Premises. All deliveries to customers made from the Demised Premises, or prepared at sidewalk sales from outside the Demised Premises, . If any one (1) or more departments or other divisions of the Lessee's business shall be considered to be made in and from the Premises even though orders may be taken elsewhere. Any transaction on an installment basissublet by Lessee or conducted by any person, includingfirm or corporation other than Lessee, without limitation, any “lay-away” sale or like transaction, or otherwise involving the extension of credit, then there shall be treated as a sale included in Gross Sales for the full price at purpose of fixing the time Percentage Rent payable hereunder all the Gross Sales of such departments or divisions, the transaction, irrespective same manner and with the same effect as if the business or sales of the time such departments and divisions of payment or when title passesLessee's business had been conducted by Lessee itself. Notwithstanding the foregoing, Gross Sales shall not includeinclude sales of merchandise for which cash has been refunded, or if allowances made on merchandise claims to be defective or unsatisfactory provided they shall have been included in Gross Sales; and there shall be deducted (but only to from Gross Sales the extent they have been included), the following: The selling price of all merchandise returned by customers and accepted for full credit, or the amount of discounts, refunds, and allowances made on such returned merchandise, but the use of any such credit or discounts to purchase other merchandise shall not be excluded, and this exclusion shall not include any amounts paid or payable for trading stamps; Merchandise returned to suppliers or transferred in original packages without any processing or preparation to another store or warehouse owned by or affiliated with Tenant; Sums and credits received in the settlement of claims for loss of or damage to merchandise; To the extent that same are actually paid (but excluding any and all interest and penalties assessed thereon), sales and use taxes, so-called luxury taxes, consumers excise taxes, gross receipts taxes and other similar taxes now or in the future imposed on the sale of merchandise or services, but only if such taxes are added to the selling price, separately stated, collected separately from the selling price of merchandise or services, and collected from customers; and Sales of fixtures, equipment or personal property that are not stock in trade.of

Gross Sales. The term “Gross Sales means Sales” as used herein shall be construed to include the selling price entire amount of the actual sales price, whether for cash or otherwise, of all sales of merchandise or services soldand all other receipts whatsoever of all business conducted in, leasedon or from the Premises by Tenant and/or any other person or entity conducting business in the Premises, licensedincluding, 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, including orders and sales made using electronic medianor shall the term include the amount of returns to shippers or manufacturers, by Tenant, its subtenants, licensees, franchisees or concessionaires, whether for nor proceeds from the sale of trade fixtures. There shall be deductible from Gross Sales the amount of any cash or on credit (whether collected refund made upon any sale in or not), including the amount received by reason of orders taken on the Premises although filled elsewhere, and whether made by store personnel or vending machines. All sales originating at the Premises shall be considered as made and completed therein, even though bookkeeping and collection of the account may be transferred to another place and even though orders may be filled and deliveries may be made from a place other than the Premises. All deliveries to customers made from the Premises, or prepared at previously included in “Gross Sales” hereunder, not to exceed the Premisessum so previously included, shall be considered to be made in where the merchandise sold is thereafter returned by the purchaser and from the Premises even though orders may be taken elsewhere. 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 passesaccepted by Xxxxxx. Notwithstanding the foregoing, Gross Sales shall not include, : (i) sales of gift certificates or if included there shall be deducted (but only to gift cards on the extent they have been included), the following: The selling price date of all merchandise returned by customers and accepted for full credit, or the amount of discounts, refunds, and allowances made on such returned merchandisesale, but the use value of any such credit the gift certificate or discounts gift card shall be included in Gross Sales on the date of redemption, (ii) refunds or allowances made by manufacturers or distributors on merchandise claimed to purchase other merchandise shall not be excludeddefective or unsatisfactory, and this exclusion returns to shippers or manufacturers, provided the sale shall not include have previously been included in Gross Sales, (iii) insurance proceeds, (iv) any amounts paid sales, use or payable for trading stamps; Merchandise returned to suppliers sales tax imposed by any governmental unit or transferred in original packages without any processing or preparation to another store or warehouse owned by or affiliated with Tenant; Sums and credits received in the settlement of claims for loss of or damage to merchandise; To the extent that same are actually paid (but excluding any and all interest and penalties assessed thereon), authority directly on sales and use taxescollected from customers, so-called luxury taxes, consumers excise taxes, gross receipts taxes and other similar taxes now or in provided that the future imposed on the sale of merchandise or services, but only if such taxes are amount thereof is added to the selling price or absorbed therein and is paid by Tenant to such governmental authority (v) interest, service, finance, or sales carrying charges applicable to the extension of credit by Tenant to customers for the purchase of merchandise from the Premises when such charges are separately stated and in addition to the purchase price, provided credit and debit company fees and the like shall not be excluded from Gross Sales; (vi) postage, parcel post, freight, express or other delivery charges at Tenant’s cost and separately stated, collected separately stated in connection with sales of merchandise from the selling price Premises; (vii) sales of merchandise or services, trade fixtures and collected from customers; and Sales store operating equipment after use thereof in the conduct of fixtures, equipment or personal property that are Tenant’s business not stock in tradethe ordinary course of Tenant’s business.

Gross Sales. For the purposes of this Frachise, the term "Gross Sales means Sales" shall mean all revenues from sales of the selling price of Franchisee based upon all merchandise or services sold, leased, licensed, or delivered in business conducted upon or from the PremisesRestauant, whether such sales be evidenced by check, cash, credit, charge account, exchange, or otherwise, and shall include, but not be limited to, the amounts received from the sale of goods, wares, and merchandise, including sales of food, beverages, and tangible property of every kind and nature, promotional or otherwise, and for services peifoimed from or at the Restaurant, together with the amount of all orders and sales made using electronic media, by Tenant, its subtenants, licensees, franchisees taken or concessionairesreceived at the Restaurat, whether such orders be tiled from the Restaurant or elsewhere. Gross Sales shall not include sales of merchandise for which cash or on credit (whether collected or not)has been refunded, including provided that such sales shall have previously been included in Gross Sales. There shall be deducted from Gross Sales the pnce of merchandise returned by customers for exchange, provided that such returned merchandise shall have been previously included in Gross Sales, and provided thÍ1 the sales pnce of merchandise delivered to the customer in exchange shall be included in Gross Sales. Gross Sales shall not include the amount received of any sales tax imposed by reason of orders taken on the Premises although filled elsewhereany federal, and whether made by store personnel or vending machines. All sales originating at the Premises shall be considered as made and completed thereinstate, even though bookkeeping and collection of the account may be transferred to another place and even though orders may be filled and deliveries may be made from a place other than the Premises. All deliveries to customers made from the Premisesmunicipal, or prepared at other governmental authonty directly on sales and collected from customers, provided that the Premises, shall be considered amount thereof is added to be made in the sellng pnce or absorbed therein and from actually paid by the Premises even though orders may be taken elsewhereFranchisee to such governmental authonty. Any transaction on an installment basis, including, without limitation, any “lay-away” Eah charge or sale or like transaction, or otherwise involving the extension of credit, upon credit shall be treated as a sale for the full price at pnce in the time of the transactionmonth during which such charge or sale shall be made, irrespective of the time of when the Franchisee shall receive payment (whether full or when title passespartial) therefor. Notwithstanding the foregoing, Gross Sales shall not include, or if included there shall be deducted (but only to the extent they have been included), the following: The selling price of all merchandise returned by customers and accepted for full credit, or the amount of discounts, refunds, and allowances made on such returned merchandise, but the use of any such credit or discounts to purchase other merchandise shall not be excluded, and this exclusion shall not include any amounts paid or payable for trading stamps; Merchandise returned to suppliers or transferred in original packages without any processing or preparation to another store or warehouse owned by or affiliated with Tenant; Sums and credits received in the settlement of claims for loss of or damage to merchandise; To the extent that same are actually paid (but excluding any and all interest and penalties assessed thereon), sales and use taxes, so-called luxury taxes, consumers excise taxes, gross receipts taxes and other similar taxes now or in the future imposed on the sale of merchandise or services, but only if such taxes are added to the selling price, separately stated, collected separately from the selling price of merchandise or services, and collected from customers; and Sales of fixtures, equipment or personal property that are not stock in trade4 8.

Gross Sales. The term “Gross Sales means Sales” as used herein shall be construed to include the selling price entire amount of the actual sales price, whether for cash or otherwise, of all sales of merchandise or services soldand all other receipts whatsoever of all business conducted in, leasedon or from the Premises by Tenant and/or any other person or entity conducting business in the Premises, licensedincluding, 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, including orders and sales made using electronic medianor shall the term include the amount of returns to shippers or manufacturers, by Tenant, its subtenants, licensees, franchisees or concessionaires, whether for nor proceeds from the sale of trade fixtures. There shall be deductible from Gross Sales the amount of any cash or on credit (whether collected refund made upon any sale in or not), including the amount received by reason of orders taken on the Premises although filled elsewhere, and whether made by store personnel or vending machines. All sales originating at the Premises shall be considered as made and completed therein, even though bookkeeping and collection of the account may be transferred to another place and even though orders may be filled and deliveries may be made from a place other than the Premises. All deliveries to customers made from the Premises, or prepared at previously included in “Gross Sales” hereunder, not to exceed the Premisessum so previously included, shall be considered to be made in where the merchandise sold is thereafter returned by the purchaser and from the Premises even though orders may be taken elsewhere. 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 passesaccepted by Xxxxxx. Notwithstanding the foregoing, Gross Sales shall not include, : (i) sales of gift certificates or if included there shall be deducted (but only to gift cards on the extent they have been included), the following: The selling price date of all merchandise returned by customers and accepted for full credit, or the amount of discounts, refunds, and allowances made on such returned merchandisesale, but the use value of any such credit the gift certificate or discounts gift card shall be included in Gross Sales on the date of redemption, (ii) refunds or allowances made by manufacturers or distributors on merchandise claimed to purchase other merchandise shall not be excludeddefective or unsatisfactory, and this exclusion returns to shippers or manufacturers, provided the sale shall not include have previously been included in Gross Sales, (iii) insurance proceeds, (iv) any amounts paid sales, use or payable for trading stamps; Merchandise returned to suppliers sales tax imposed by any governmental unit or transferred in original packages without any processing or preparation to another store or warehouse owned by or affiliated with Tenant; Sums and credits received in the settlement of claims for loss of or damage to merchandise; To the extent that same are actually paid (but excluding any and all interest and penalties assessed thereon), authority directly on sales and use taxescollected from customers, so-called luxury taxes, consumers excise taxes, gross receipts taxes and other similar taxes now or in provided that the future imposed on the sale of merchandise or services, but only if such taxes are amount thereof is added to the selling price or absorbed therein and is paid by Tenant to such governmental authority (v) interest, service, finance, or sales carrying charges applicable to the extension of credit by Tenant to customers for the purchase of merchandise from the Premises when such charges are separately stated and in addition to the purchase price, provided credit and debit company fees and the like shall not be excluded from Gross Sales; (vi) postage, parcel post, freight, express or other delivery charges at Tenant’s cost and separately stated, collected separately stated in connection with sales of merchandise from the selling price Premises; (vii) sales of merchandise or services, trade fixtures and collected from customers; and Sales store operating equipment after use thereof in the conduct of fixtures, equipment or personal property that are Tenant’s business not stock in trade.the ordinary course of Tenant’s business. Impossible Kicks/Somerset Collection North/7/28/2023

Gross Sales. The term “Gross Sales means the selling price Sales” includes all moneys or things of all merchandise value received or services sold, leased, licensed, or delivered in or from the Premisesreceivable, including orders and sales made using electronic medialease or rental revenue (without deductions for uncollectibles), by Tenant, its subtenantssublessees, licenseeslicensees or concessionaires or others, franchisees for merchandise sold or concessionairesservices performed or equipment, whether for cash merchandise or other inventory items leased or rented or business conducted (including: interest, time-price differential, finance charges and service charges on time-payment sales, credit (whether collected sales or not)lay-away sales) in, including the amount received by reason of orders taken on the Premises although filled elsewhere, and whether made by store personnel about or vending machines. All sales originating at the Premises shall be considered as made and completed therein, even though bookkeeping and collection of the account may be transferred to another place and even though orders may be filled and deliveries may be made from a place other than the Premises. All deliveries to customers made from the Premises, or prepared at the Premises, shall be considered to be made in and from the Premises even though orders may be taken elsewhere. Any transaction on an installment basis, (including, without limitation, any “lay-away” sale orders received in person or like transactionby mail, telephone or otherwise involving telegraph, and services performed by Tenant away from the extension of creditPremises), shall be treated as a sale for including transactions in which delivery is made to the full price customer at the time of Premises but the transactionorder is taken elsewhere, irrespective of transactions in which the time of payment or when title passes. Notwithstanding order is taken at the foregoingPremises but delivery is made elsewhere, Gross Sales shall not include, or if included there shall be deducted (but only to the extent they have been included), the following: The selling price of all merchandise returned by customers receipts from mechanical and accepted for full credit, or the amount of discounts, refundsother vending machines, and allowances made on such returned merchandise, but the use of any such credit or discounts deposits not refunded to purchase other merchandise shall not be excluded, and this exclusion purchasers. The term “Gross Sales” shall not include any amounts paid (i) governmental excise or payable for trading stamps; Merchandise returned to suppliers or transferred in original packages without any processing or preparation to another store or warehouse owned by or affiliated with Tenant; Sums and credits received in the settlement of claims for loss of or damage to merchandise; To the extent that same are actually paid (but excluding any and all interest and penalties assessed thereon), sales and use taxes, so-called luxury taxes, consumers excise taxes, gross receipts taxes and other similar taxes now or in the future imposed on the sale of merchandise or services, but only if such taxes are added to the selling priceprice of the item and paid by Tenant directly to the taxing authority, separately stated, collected separately from or (ii) refunds or allowances to customers not in excess of the original selling price of the item, or (iii) transfers or exchanges of merchandise to another of Tenant’s stores made in the regular course of Tenant’s business and not for the purpose of avoiding consummation of a sale in the Premises, or services(iv) returns to shippers or manufacturers, or (v) sales of Tenant’s “Removable Trade Fixtures” (as defined in the Lease) after use by Tenant in the Premises. Under no circumstances shall there be any deduction from Gross Sales by reason of Tenant’s being liable to pay any franchise tax, capital stock tax, income tax or similar or dissimilar tax based upon Tenant’s income, capital structure, or profits. All Gross Sales will be recorded so that each transaction is evidenced accurately in accordance with generally accepted accounting principles. Full and adequate records and books of account shall be accurately maintained by Tenant on all business operations in or about the Premises. All books of account, records, daily cash register total slips, sales slips and Federal income tax returns relating to Tenant’s operation in or about the Premises will be retained by Tenant for a period of three (3) years after preparation, and collected from customers; and Sales will be open to inspection by Landlord (or its representative) at all reasonable times. Tenant shall also furnish Landlord copies of fixtures, equipment any financial statements of Tenant or personal property sales tax reports that are not stock in tradeprepared during the Term of this Lease.

Gross Sales. The term "Gross Sales means Sales" as used herein shall be construed to include the selling price entire amount of the sales price, whether for cash, credit, trade-ins, or otherwise, of all sales and leases of merchandise or services sold(including gift and merchandise certificates), leasedfood, licensedbeverages, or delivered services, and other receipts whatsoever of all business conducted at, in or from the Demised Premises, including without limitation, mail or telephone orders and sales made using electronic media, by Tenant, its subtenants, licensees, franchisees received or concessionaires, whether for cash or on credit (whether collected or not), including the amount received by reason of orders taken on the Premises although filled elsewhere, and whether made by store personnel or vending machines. All sales originating at the Premises shall be considered as made and completed thereinDemised Premises, even though bookkeeping and collection of the account may be transferred deposits not refunded to another place and even though purchasers, orders taken, although said orders may be filled elsewhere, catalog sales, sales to employees, sales through vending machines or other devices, and deliveries may be made from a place other than the Premises. All deliveries to customers made from the sales by any sublessee, concessionaire or licensee or otherwise in said Demised Premises, sales made at, in or prepared at the Premisesfrom other premises more particularly described in Section 24.1, shall be considered to be made in if any, and from the Premises even though orders may be taken elsewhereinsurance proceeds and/or condemnation awards received for loss of sale, profits or business. Any transaction on an Each sale upon installment basis, including, without limitation, any “lay-away” sale or like transaction, or otherwise involving the extension of credit, credit shall be treated as a sale for the full price at in the month during which such sale was made irrespective of the time when Tenant receives payment from its customer. Each lease of goods or services by Tenant shall be treated as a sale in the transactionmonth during which such lease is made in an amount equal to the total rent or other consideration payable during the term thereof, irrespective of the time of when Tenant shall receive payment from its customer. No deduction shall be allowed for uncollected or when title passesuncollectible credit accounts. Notwithstanding the foregoing, Gross Sales shall not include, however, any sums collected and paid out for any sales or if included there shall be deducted (but only to the extent they have been included), the following: The selling price of all merchandise returned excise tax imposed by customers and accepted for full credit, or any duly constituted governmental authority where the amount of discountssuch tax is separately charged to the customer, refundsnor shall it include the exchange of merchandise between the stores of Tenant, if any, where such exchanges are made solely for the convenient operation of the business of Tenant and allowances not for the purpose of consummating a sale which has theretofore been made on such returned merchandiseat, but in or from the use Demised Premises and/or for the purpose of depriving Landlord of the benefit of a sale which otherwise would be made at, in or from the Demised Premises, nor the amount of returns to shippers or manufacturers, nor the amount of any such cash or credit refund made upon any sale where the merchandise sold, or discounts to purchase other merchandise shall not be excludedsome part thereof, is thereafter returned by purchaser and this exclusion shall not include any amounts paid or payable for trading stamps; Merchandise returned to suppliers or transferred in original packages without any processing or preparation to another store or warehouse owned accepted by or affiliated with Tenant; Sums and credits received in the settlement , nor sales of claims for loss of or damage to merchandise; To the extent that same are actually paid (but excluding any and all interest and penalties assessed thereon), sales and use taxes, so-called luxury taxes, consumers excise taxes, gross receipts taxes and other similar taxes now or in the future imposed on the sale of merchandise or services, but only if such taxes are added to the selling price, separately stated, collected separately from the selling price of merchandise or services, and collected from customers; and Sales of Tenant's fixtures, equipment or personal property that are not stock in trade.

Gross Sales. The term "Gross Sales means Sales" is defined as the selling price entire gross receipts of all merchandise or every kind and nature from sales and services sold, leased, licensed, or delivered in or from the Premises, including orders and sales made using electronic media, by Tenant, its subtenants, licensees, franchisees or concessionaires, whether for cash or on credit (whether collected or not), including the amount received by reason of orders taken on the Premises although filled elsewhere, and whether made by store personnel or vending machines. All sales originating at the Premises shall be considered as made and completed therein, even though bookkeeping and collection of the account may be transferred to another place and even though orders may be filled and deliveries may be made from a place other than the Premises. All deliveries to customers made from the PremisesPremises during the Lease Term, including gross receipts from all vending or prepared at the Premises, shall be considered to be made in and from the Premises even though orders may be taken elsewhereamusement 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 that the transactiongoods are delivered to a customer (or the services are performed for a customer), irrespective of the time of payment or when title passes. Notwithstanding the foregoing, Gross Sales shall not include, or if included there shall be deducted (but only to the extent they have been included), include any of the following: The selling (i) credits or refunds to customers for food, beverage or merchandise returned or exchanged; (ii) transfers of food, beverage (including beer) or merchandise from the Premises to other stores or warehouses of Tenant or its affiliated companies; (iii) any sales tax or other tax imposed under any laws, ordinances, orders or regulations, whether now or hereafter in force, upon or based upon the gross receipts of Tenant or the sale or sales price of all food, beverage or merchandise and which must be paid by Tenant, whether or not collected by Tenant from its customers; (iv) returns of food, beverage or merchandise to shippers or manufacturers; and (v) the net amount of discounts allowed to any customer pursuant to any customary and reasonable policy adopted by Tenant. Notwithstanding the above, the value of any food, beverage or merchandise returned by customers and accepted for full credit, to the Premises that was purchased from a catalog or through the amount of discounts, refunds, and allowances made on such returned merchandise, but the use of any such credit or discounts to purchase other merchandise Internet shall not be excluded, and this exclusion shall not include any amounts paid or payable for trading stamps; Merchandise returned to suppliers or transferred deducted from Gross Sales in original packages without any processing or preparation to another store or warehouse owned by or affiliated with Tenant; Sums and credits received in the settlement of claims for loss of or damage to merchandise; To the extent that same are actually paid (but excluding any and all interest and penalties assessed thereon), sales and use taxes, so-called luxury taxes, consumers excise taxes, gross receipts taxes and other similar taxes now or in the future imposed on the sale of merchandise or services, but only if such taxes are added regards to the selling price, separately stated, collected separately from reporting of Gross Sales and the selling price payment of merchandise or services, and collected from customers; and Sales of fixtures, equipment or personal property that are not stock in tradePercentage Rent.

Gross Sales. Gross Sales means The dollar aggregate of: (a) the selling actual sales price of all goods and merchandise or services sold, leased, licensed, leased or delivered licensed and the charges for all services performed by Tenant or otherwise in connection with all business conducted at or from the Retail Premises, including orders and sales whether made using electronic mediafor cash, by Tenantcheck, its subtenantscredit or otherwise, licensees, franchisees without reserve or concessionaires, whether deduction for cash inability or on credit (whether collected or not), including failure to collect the amount received by reason of orders taken on the Premises although filled elsewhere, and whether made by store personnel or vending machines. All sales originating at the Premises shall be considered as made and completed therein, even though bookkeeping and collection of the account may be transferred to another place and even though orders may be filled and deliveries may be made from a place other than the Premises. All deliveries to customers made from the Premises, or prepared at the Premises, shall be considered to be made in and from the Premises even though orders may be taken elsewhere. Any transaction on an installment basissame, including, without limitation, sales and services (i) where the orders therefor originate at or are accepted at or from the Retail Premises, whether delivery or performance thereof is made at or from the Retail Premises or any “lay-away” other place, it being understood that all sales made and orders received at or from the Retail Premises shall be deemed to have been made and completed therein even though the orders are fulfilled elsewhere or the payments of account are transferred to some other office for collection, (ii) where the orders therefor result from solicitation off the Retail Premises but which are conducted by personnel operating from or reporting to or under the control or supervision of any employee at the Retail Premises, (iii) pursuant to mail, telegraph, telephone or other similar orders received or billed at or from the Retail Premises, and (iv) by means of mechanical or other vending devices, and (b) all monies or other things of value received by Tenant from its operations at the Retail Premises (which are not excluded from Gross Sales by the next succeeding sentence) including all finance charges, cost of gift or merchandise certificates and all deposits not refunded to customers. Gross Sales shall not include (x) the exchange of merchandise between stores of Tenant where such exchange is made solely for the convenient operation of Tenant's business and neither for the purpose of depriving Landlord of the benefits of a sale which would otherwise be made at or like transactionfrom the Retail Premises nor for the purpose of consummating a sale which has been theretofore made at or from the Retail Premises, (y) sales of trade fixtures which are not part of Tenant's stock in trade and not sold in the regular course of Tenant's business, or otherwise involving (z) the extension amount of creditany city, county, state or federal sales tax, luxury tax or excise tax on sales if the tax is added to the selling price and separately stated and actually paid to the taxing authority by Tenant; provided, however, no franchise or capital stock tax and no income or similar tax based upon income, profits or Gross Sales shall be deducted from Gross Sales in any event whatsoever. Cash or credit refunds made upon transactions included within the Gross Sales, but not exceeding the selling price of merchandise returned by the purchaser and accepted by Tenant, shall be deducted from the Gross Sales for the period when such refunds are made. Each charge or sale upon installment or credit or layaway, so called, shall be treated as a sale for the full price at in the time of the transactionmonth during which such charge or sale shall be made, irrespective of the time when Tenant shall receive payment from its customer. Each lease or rental or license of payment or when title passes. Notwithstanding the foregoing, Gross Sales shall not include, or if included there merchandise to customers shall be deducted (but only treated as a sale in the month in which the lease, rental or license is made for a price equal to the extent they have been included), total rent or license fee payable. For purposes of this paragraph the following: The selling price of all merchandise returned by customers and accepted for full credit, or the amount of discounts, refunds, and allowances made on such returned merchandise, but the use of any such credit or discounts to purchase other merchandise word "Tenant" shall not be excluded, and this exclusion shall not include any amounts paid or payable for trading stamps; Merchandise returned to suppliers or transferred in original packages without any processing or preparation to another store or warehouse owned by or affiliated with of Tenant; Sums 's subtenants, concessionaires and credits received in the settlement of claims for loss of or damage to merchandise; To the extent that same are actually paid (but excluding any and all interest and penalties assessed thereon), sales and use taxes, so-called luxury taxes, consumers excise taxes, gross receipts taxes and other similar taxes now or in the future imposed on the sale of merchandise or services, but only if such taxes are added to the selling price, separately stated, collected separately from the selling price of merchandise or services, and collected from customers; and Sales of fixtures, equipment or personal property that are not stock in tradelicensees.

Gross Sales. “Gross Sales means Sales”, as such term is used herein, shall be construed to include the selling price entire amount of all merchandise or services sold, leased, licensed, or delivered in or from the Premises, including orders and sales made using electronic media, by Tenant, its subtenants, licensees, franchisees or concessionairesactual receipts, whether for cash or on credit (otherwise, of all sales of merchandise, service or any other receipt whatsoever of all business conducted at, in, from, about, or upon the Premises, including, but not limited to, mail orders, telephone orders, Internet orders, and/or other orders in whatever manner received, placed or filled, whether collected in whole or not)in part, at the Premises, and including the amount received by reason of all deposits not refunded to purchasers, orders taken on the Premises (although filled elsewhere, and whether made by store personnel or vending machines. All sales originating at the Premises shall be considered as made and completed therein, even though bookkeeping and collection of the account may be transferred to another place and even though said orders may be filled elsewhere), sales to employees, sales through vending machines or other devices, and deliveries may sales by any subtenant, concessionaire or licensee or otherwise at, in, from, about or upon the Premises, provided that nothing herein shall permit Tenant to sublet the Premises or grant any license or concession except as expressly permitted pursuant to the terms of Article 23. No deduction shall be allowed for (i) uncollected or uncollectible accounts, (ii) any income or similar tax based on income, (iii) any gross receipts tax, or (iv) any cash or credit refund given for any sale made from a place other than via the Internet and not originating with an Internet order placed in the Premises. All deliveries to customers made from the Premises, Each sale upon installments or prepared at the Premises, shall be considered to be made in and from the Premises even though orders may be taken elsewhere. Any transaction on an installment basis, including, without limitation, any “lay-away” sale or like transaction, or otherwise involving the extension of credit, credit shall be treated as a sale for the full price at in the time of the transactionmonth during which such sale is made, irrespective of the time of when Tenant shall receive payment or when title passestherefor. Notwithstanding the foregoing, Gross Sales shall not includeinclude (i) any sales tax, use tax, or any other tax separately collected by Tenant and paid to any duly constituted governmental authority, (ii) the exchange of merchandise between the stores of Tenant, if included there shall any, where such exchange of goods or merchandise are made solely for the convenient operation of the business of Tenant and not for the purpose of consummating a sale which had theretofore been made at, in, from, about or upon the Premises and/or for the purpose of depriving Landlord of the benefit of a sale which otherwise would be deducted made at, in, from, about or upon the Premises, (but only to the extent they have been included), the following: The selling price of all merchandise returned by customers and accepted for full credit, or iii) the amount of discountsreturns to shippers or manufacturers, and (iv) sales of Tenant’s store fixtures which are not a part of Tenant’s stock in trade and which Tenant has a right to remove from the Premises. Tenant may deduct from Gross Sales the actual net amount of refunds, and credits or allowances made on such returned merchandise, but the use of any such credit or discounts to purchase other merchandise shall allowed by Tenant in accordance with reasonable business practices upon transactions previously included within Gross Sales (not be excluded, and this exclusion shall not include any amounts paid or payable for trading stamps; Merchandise returned to suppliers or transferred exceeding in original packages without any processing or preparation to another store or warehouse owned by or affiliated with Tenant; Sums and credits received in the settlement of claims for loss of or damage to merchandise; To the extent that same are actually paid (but excluding any and all interest and penalties assessed thereon), sales and use taxes, so-called luxury taxes, consumers excise taxes, gross receipts taxes and other similar taxes now or in the future imposed on the sale of merchandise or services, but only if such taxes are added to the selling price, separately stated, collected separately from amount the selling price of merchandise or services, the item in question) where the item is returned by the purchaser and collected from customers; accepted by Tenant (provided that anything given in exchange for returned items and any such credits to customers shall be included in Gross Sales). Tenant’s right not to include the items set forth (in Sections i through iv) above in Gross Sales shall be subject to the condition that Tenant shall furnish to Landlord together with Tenant’s annual statement of fixtures, equipment or personal property that are Gross Sales an itemization by category of the total amount not stock included within Gross Sales. Tenant shall maintain itemized records in tradeaccordance with generally accepted accounting principles (“GAAP”) in connection with each category as permitted hereunder. 704. Intentionally Deleted.