Common use of Gross Sales Clause in Contracts

Gross Sales. The phrase “Gross Sales” shall mean all revenues from all business conducted upon or from the Sonic Restaurant, whether evidenced by check, cash, credit, charge account, debit card, stored-value card, exchange, or otherwise, and shall include (without limitation) 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 (excluding restaurant equipment), and for services performed from or at the Sonic Restaurant, whether the Licensee fills the orders from the Sonic Restaurant or elsewhere. Each charge or sale via credit, debit card, stored-value card, or other payment means shall constitute a sale for the full price in the month during which the charge or sale occurs, regardless of the time when the Licensee receives payment (in whole or in part) for the charge or sale. The phrase “Gross Sales” shall not include (a) sales of merchandise for which the Licensee makes a cash refund, if previously included in Gross Sales; (b) the price of merchandise returned by customers for exchange, if the Licensee previously included the sales price of the merchandise returned by the customer in Gross Sales and includes the sales price of merchandise delivered to the customer in exchange in Gross Sales; (c) the amount of any sales tax imposed by any governmental authority directly on sales and collected from customers, if the Licensee adds the amount of the tax to the sales price or absorbs the amount of the sales tax in the sales price and the Licensee actually pays the tax to the governmental authority; (d) amounts not received for menu items because of discounts or coupons, if properly documented; and (e) amounts received from the sale of Sonic-approved stored-value cards. The phrase “Gross Sales” also shall not include any proceeds received by the Licensee pursuant to an assignment made in accordance with the provisions of Section 13. 

Gross Sales. The phrase “"Gross Sales” " shall mean all revenues from sales resulting from all business conducted upon or from the Sonic Restaurant, whether evidenced by check, cash, credit, charge account, debit card, stored-value card, exchange, exchange or otherwise, and shall include (without limitation) the amounts received from the sale of goods, wares, wares and merchandise, including sales of food, beverages, beverages and tangible property of every kind and nature, promotional or otherwise (excluding restaurant equipment), ) and for services performed from or at the Sonic Restaurant, whether the Licensee fills the orders from the Sonic Restaurant or elsewhere. Each charge or sale via credit, debit card, stored-value card, or other payment means upon credit shall constitute a sale for the full price in the month during which the charge or sale occurs, regardless of the time when the Licensee receives payment (in whole or in part) for the charge or sale. The phrase “"Gross Sales” " shall not include (a) sales of merchandise for which the Licensee makes a cash refund, if previously included in Gross Sales; (b) the price of merchandise returned by customers for exchange, if the Licensee previously included the sales price of the merchandise returned by the customer in Gross Sales and includes the sales price of merchandise delivered to the customer in exchange in Gross Sales; (c) amounts received from the sale of tobacco products; (d) the amount of any sales tax imposed by any governmental authority directly on sales and collected from customers, if the Licensee adds the amount of the tax to the sales price or absorbs the amount of the sales tax in the sales price and the Licensee actually pays the tax to the governmental authority; and (de) amounts not received for menu items because of discounts or coupons, if properly documented; and (e) amounts received from the sale of Sonic-approved stored-value cards. The phrase “"Gross Sales” " also shall not include any proceeds received by the Licensee pursuant to an assignment made in accordance with the provisions of Section 13. .

Gross Sales. The phrase “term "Gross Sales” shall mean all revenues from all business conducted upon or from " is defined as the Sonic Restaurant, whether evidenced by check, cash, credit, charge account, debit card, stored-value card, exchange, or otherwise, and shall include (without limitation) the amounts received from the sale of goods, wares, and merchandise, including sales of food, beverages, and tangible property entire gross receipts of every kind and naturenature from sales and services made from the Premises during the Lease Term, promotional including gross receipts from all vending or amusement machines. Any transaction on an installment basis, or otherwise (excluding restaurant equipment), and for services performed from or at involving the Sonic Restaurant, whether the Licensee fills the orders from the Sonic Restaurant or elsewhere. Each charge or sale via extension of credit, debit card, stored-value card, or other payment means shall constitute be treated as a sale for the full price in at the month during which time that the charge goods are delivered to a customer (or sale occursthe services are performed for a customer), regardless irrespective of the time of payment or when the Licensee receives payment (in whole or in part) for the charge or saletitle passes. The phrase “Gross Sales” shall not include (a) sales of merchandise for which the Licensee makes a cash refund, if previously included in Gross Sales; (b) the price of merchandise returned by customers for exchange, if the Licensee previously included the sales price of the merchandise returned by the customer in Gross Sales and includes the sales price of merchandise delivered to the customer in exchange in Gross Sales; (c) the amount of any sales tax imposed by any governmental authority directly on sales and collected from customers, if the Licensee adds the amount of the tax to the sales price or absorbs the amount of the sales tax in the sales price and the Licensee actually pays the tax to the governmental authority; (d) amounts not received for menu items because of discounts or coupons, if properly documented; and (e) amounts received from the sale of Sonic-approved stored-value cards. The phrase “Gross Sales” also shall not include any proceeds received of the following: (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 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 Licensee net amount of discounts allowed to any customer pursuant to an assignment made any customary and reasonable policy adopted by Tenant. Notwithstanding the above, the value of any food, beverage or merchandise returned to the Premises that was purchased from a catalog or through the Internet shall not be deducted from Gross Sales in accordance with regards to the provisions reporting of Section 13. Gross Sales and the payment of Percentage Rent.

Gross Sales. The phrase “For the purposes of this Frachise, the term "Gross Sales” " shall mean all revenues from sales of the Franchisee based upon all business conducted upon or from the Sonic RestaurantRestauant, whether such sales be evidenced by check, cash, credit, charge account, debit card, stored-value card, exchange, or otherwise, and shall include (without limitation) 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 (excluding restaurant equipment)otherwise, and for services performed peifoimed from or at the Sonic Restaurant, together with the amount of all orders taken or received at the Restaurat, whether the Licensee fills the such orders be tiled from the Sonic Restaurant or elsewhere. Each charge or sale via credit, debit card, stored-value card, or other payment means shall constitute a sale for the full price in the month during which the charge or sale occurs, regardless of the time when the Licensee receives payment (in whole or in part) for the charge or sale. The phrase “Gross Sales” Sales shall not include (a) sales of merchandise for which the Licensee makes a cash refundhas been refunded, if provided that such sales shall have previously been included in Gross Sales; (b) . There shall be deducted from Gross Sales the price pnce of merchandise returned by customers for exchange, if the Licensee provided that such returned merchandise shall have been previously included in Gross Sales, and provided thÍ1 the sales price of the merchandise returned by the customer in Gross Sales and includes the sales price pnce of merchandise delivered to the customer in exchange shall be included in Gross Sales; (c) . Gross Sales shall not include the amount of any sales tax imposed by any federal, state, municipal, or other governmental authority authonty directly on sales and collected from customers, if the Licensee adds provided that the amount thereof is added to the sellng pnce or absorbed therein and actually paid by the Franchisee to such governmental authonty. Eah charge or sale upon credit shall be treated as a sale for the full pnce in the month during which such charge or sale shall be made, irrespective of the tax to time when the sales price Franchisee shall receive payment (whether full or absorbs the amount of the sales tax in the sales price and the Licensee actually pays the tax to the governmental authority; (dpartial) amounts not received for menu items because of discounts or coupons, if properly documented; and (e) amounts received from the sale of Sonic-approved stored-value cards. The phrase “Gross Sales” also shall not include any proceeds received by the Licensee pursuant to an assignment made in accordance with the provisions of Section 13. therefor.

Gross Sales. The phrase “"Gross Sales” " shall mean all revenues from sales resulting from all business conducted upon or from the Sonic Restaurant, whether evidenced by check, cash, credit, charge account, debit card, stored-value card, exchange, exchange or otherwise, and shall include (without limitation) the amounts received from the sale of goods, wares, wares and merchandise, including sales of food, beverages, beverages and tangible property of every kind and nature, promotional or otherwise (excluding restaurant equipment), ) and for services performed from or at the Sonic Restaurant, whether the Licensee fills the orders from the Sonic Restaurant or elsewhere. Each charge or sale via credit, debit card, stored-value card, or other payment means upon credit shall constitute a sale for the full price in the month during which the charge or sale occurs, regardless of the time when the Licensee receives payment (in whole or in part) for the charge or sale. The phrase “"Gross Sales” " shall not include (a) sales of merchandise for which the Licensee makes a cash refund, if previously included in Gross Sales; (b) the price of merchandise returned by customers for exchange, if the Licensee previously included the sales price of the merchandise returned by the customer in Gross Sales and includes the sales price of merchandise delivered to the customer in exchange in Gross Sales; (c) amounts received from the sale of tobacco products; (d) the amount of any sales tax imposed by any governmental authority directly on sales and collected from customers, if the Licensee adds the amount of the tax to the sales price or absorbs the amount of the sales tax in the sales price and the Licensee actually pays the tax to the governmental authority; and (de) amounts not received for menu items because of discounts or coupons, if properly documented; and (e) amounts received from the sale of Sonic-approved stored-value cards. The phrase “"Gross Sales” " also shall not include any proceeds received by the Licensee pursuant to an assignment made in accordance with the provisions of Section 13. .

Gross Sales. The phrase “Gross Sales” shall mean all revenues from sales resulting from all business conducted upon or from the Sonic RestaurantNon-Traditional Sonic, whether evidenced by check, cash, credit, charge account, debit card, stored-value card, exchange, exchange or otherwise, and shall include (without limitation) the amounts received from the sale of goods, wares, wares and merchandise, including sales of food, beverages, beverages and tangible property of every kind and nature, promotional or otherwise (excluding restaurant equipment), ) and for services performed from or at the Sonic RestaurantNon-Traditional Sonic, whether the Licensee fills the orders from the Non-Traditional Sonic Restaurant or elsewhere. Each charge or sale via credit, debit card, stored-value card, or other payment means upon credit shall constitute a sale for the full price in the month during which the charge or sale occurs, regardless of the time when the Licensee receives payment (in whole or in part) for the charge or sale. The phrase “Gross Sales” shall not include (a) sales of merchandise for which the Licensee makes a cash refund, if previously included in Gross Sales; (b) the price of merchandise returned by customers for exchange, if the Licensee previously included the sales price of the merchandise returned by the customer in Gross Sales and includes the sales price of merchandise delivered to the customer in exchange in Gross Sales; (c) amounts received from the sale of tobacco products; (d) the amount of any sales tax imposed by any governmental authority directly on sales and collected from customers, if the Licensee adds the amount of the tax to the sales price or absorbs the amount of the sales tax in the sales price and the Licensee actually pays the tax to the governmental authority; and (de) amounts not received for menu items because of discounts or coupons, if properly documented; and (e) amounts received from the sale of Sonic-approved stored-value cards. The phrase “Gross Sales” also shall not include any proceeds received by the Licensee pursuant to an assignment made in accordance with the provisions of Section 13. .