Gross Sales. The term “Gross Sales,” as used herein, shall be construed to mean, the aggregate amount of all sales made and services rendered at or from the Premises, and any other revenues of any type arising out of or in connection with Lessee’s operation under this Lease on the Premises, regardless of when or where the order therefore is received, where performed by Lessee, or its Partners, from the Premises for cash or credit or otherwise, of every kind, name, and nature, regardless of when or whether collected or not, as if the same had been sold for cash, or the fair and reasonable value thereof, whichever is greater. Only the following shall be excluded or deducted, from the computation of Gross Sales: 3.1.1 Any and all transaction privilege taxes (sales taxes), excise taxes or related taxes upon or passed through to customers and collected by Lessee on such sales. 3.1.2 Receipts from the sale or trade-in value of any furniture, fixtures or equipment used upon the Premises and owned by Lessee. 3.1.3 The value of any merchandise, supplies or equipment exchanged or transferred from or to Lessee’s other business locations where such exchanges or transfers are not made for the purpose of avoiding a sale that otherwise would be made at or from the Premises. 3.1.4 Receipts in the form of refunds from or the value of merchandise, supplies or equipment returned to shippers, suppliers or manufacturers. 3.1.5 Receipts with respect to any sale where the subject of such sale, or some part thereof, is thereafter returned by a customer to and accepted by Lessee, to the extent of any refund actually granted or adjustment actually made, either in the form of cash or credit. 3.1.6 The amounts of cash or quantity discounts received from sellers, suppliers and manufacturers. 3.1.7 Expenses charged to customers that are paid by Lessee for the shipment of approved foreign currency exchange goods sold as a convenience to customers. 3.1.8 The amounts of any gratuities paid or given by customers to Lessee’s employees. 3.1.9 Receipts from the sale, at cost, of uniforms or clothing to Lessee’s employees where such uniforms or clothing are required to be worn by such employees. 3.1.10 Receipts from the sale of garbage or scrap materials resulting from Lessee’s operations at the Premises. 3.1.11 Meal, tip and other wage credits to Lessee’s employees for purposes of compliance with minimum wage laws. 3.1.12 Gift cards sold at the Premises. When a gift card is redeemed or accepted as payment for a purchase at the Premises, the transaction must be reported as part of Gross Sales.
Appears in 1 contract
Gross Sales. The term “Gross Sales,” as used herein, shall be construed to mean, mean the aggregate amount of all sales made and services rendered at or from the Premises, and any other revenues of any type arising out of or in connection with Lessee’s operation under this Lease on the Premises, regardless of when or where the order therefore is received, where performed by Lessee, Lessee or its Partners, from the Premises for cash or credit or otherwise, of every kind, name, and nature, regardless of when or whether collected or not, as if the same had been sold for cash, or the fair and reasonable value thereof, whichever is greater. Only the following shall be excluded or deducted, deducted from the computation of Gross Sales:
3.1.1 Any and all transaction privilege taxes (sales taxes), excise taxes or related taxes upon or passed through to customers and collected by Lessee on such sales.
3.1.2 Receipts from the sale or trade-in value of any furniture, fixtures or equipment used upon the Premises and owned by Lessee.
3.1.3 The value of any merchandise, supplies or equipment exchanged or transferred from or to Lessee’s other business locations where such exchanges or transfers are not made for the purpose of avoiding a sale that otherwise would be made at or from the Premises.
3.1.4 Receipts in the form of refunds from or the value of merchandise, supplies or equipment returned to shippers, suppliers or manufacturers.
3.1.5 Receipts with respect to any sale where the subject of such sale, or some part thereof, is thereafter returned by a customer to and accepted by Lessee, to the extent of any refund actually granted or adjustment actually made, either in the form of cash or credit.
3.1.6 The amounts of cash or quantity discounts received from sellers, suppliers and manufacturers.
3.1.7 Expenses charged to customers that are paid by Lessee for the shipment of approved foreign currency exchange retail goods sold as a convenience to customers.
3.1.8 The amounts of any gratuities paid or given by customers to Lessee’s employees.
3.1.9 Receipts from the sale, at cost, of uniforms or clothing to Lessee’s employees where such uniforms or clothing are required to be worn by such employees.
3.1.10 Receipts from the sale of garbage or scrap materials resulting from Lessee’s operations at the Premises.
3.1.11 Meal, tip and other wage credits to Lessee’s employees for purposes of compliance with minimum wage laws.
3.1.12 Gift cards sold at the Premises. When a gift card is redeemed or accepted as payment for a purchase at the Premises, the transaction must be reported as part of Gross Sales.
Appears in 1 contract
Samples: Shoe Shine Concession Lease
Gross Sales. The term “Gross Sales,” as used herein, shall be construed to mean, mean the aggregate amount of all sales made and services rendered at or from the Premises, and any other revenues of any type arising out of or in connection with Lessee’s operation under this Lease on the Premises, regardless of when or where the order therefore is received, where performed by Lessee, Lessee or its Partners, from the Premises for cash or credit or otherwise, of every kind, name, and nature, regardless of when or whether collected or not, as if the same had been sold for cash, or the fair and reasonable value thereof, whichever is greater. Only the following shall be excluded or deducted, deducted from the computation of Gross Sales:
3.1.1 Any and all transaction privilege taxes (sales taxes), excise taxes or related taxes upon or passed through to customers and collected by Lessee on such sales.
3.1.2 Receipts from the sale or trade-in value of any furniture, fixtures or equipment used upon the Premises and owned by Lessee.
3.1.3 The value of any merchandise, supplies or equipment exchanged or transferred from or to Lessee’s other business locations where such exchanges or transfers are not made for the purpose of avoiding a sale that otherwise would be made at or from the Premises.
3.1.4 Receipts in the form of refunds from or the value of merchandise, supplies or equipment returned to shippers, suppliers or manufacturers.
3.1.5 Receipts with respect to any sale where the subject of such sale, or some part thereof, is thereafter returned by a customer to and accepted by Lessee, to the extent of any refund actually granted or adjustment actually made, either in the form of cash or credit.
3.1.6 The amounts of cash or quantity discounts received from sellers, suppliers and manufacturers.
3.1.7 Expenses charged to customers that are paid by Lessee for the shipment of approved foreign currency exchange goods sold as a convenience to customers.
3.1.8 The amounts of any gratuities paid or given by customers to Lessee’s employees.
3.1.9 Receipts from the sale, at cost, of uniforms or clothing to Lessee’s employees where such uniforms or clothing are required to be worn by such employees.
3.1.10 Receipts from the sale of garbage or scrap materials resulting from Lessee’s operations at the Premises.
3.1.11 Meal, tip and other wage credits to Lessee’s employees for purposes of compliance with minimum wage laws.
3.1.12 Gift cards sold at the Premises. When a gift card is redeemed or accepted as payment for a purchase at the Premises, the transaction must be reported as part of Gross Sales.
Appears in 1 contract
Gross Sales. The term “Gross Sales,” as used herein, shall be construed to mean, mean the aggregate amount of all sales made and services rendered at or from the Premises, and any other revenues of any type arising out of or in connection with Lessee’s operation under this Lease on the Premises, regardless of when or where the order therefore is received, where performed by Lessee, Lessee or its Partnerspartners, from the Premises for cash or credit or otherwise, of every kind, name, and nature, regardless of when or whether collected or not, as if the same had been sold for cash, or the fair and reasonable value thereof, whichever is greater. Only the following shall be excluded or deducted, deducted from the computation of Gross Sales:
3.1.1 Any and all transaction privilege taxes (sales taxes), excise taxes taxes, or related taxes upon or passed through to customers and collected by Lessee on such sales.
3.1.2 Receipts from the sale or trade-in value of any furniture, fixtures fixtures, or equipment used upon the Premises and owned by Lessee.
3.1.3 The value of any merchandise, supplies supplies, or equipment exchanged or transferred from or to Lessee’s other business locations where such exchanges or transfers are not made for the purpose of avoiding a sale that otherwise would be made at or from the Premises.
3.1.4 Receipts in the form of refunds from or the value of merchandise, supplies supplies, or equipment returned to shippers, suppliers suppliers, or manufacturers.
3.1.5 Receipts with respect to any sale where the subject of such sale, or some part thereof, is thereafter returned by a customer to and accepted by Lessee, to the extent of any refund actually granted or adjustment actually made, either in the form of cash or credit.
3.1.6 The amounts of cash or quantity discounts received from sellers, suppliers suppliers, and manufacturers.
3.1.7 Expenses charged to customers that are paid by Lessee for the shipment of approved foreign currency exchange goods sold as a convenience to customers.
3.1.8 The amounts of any gratuities paid or given by customers to Lessee’s employees.
3.1.9 Receipts from the sale, at cost, of uniforms or clothing to Lessee’s employees where such uniforms or clothing are required to be worn by such employees.
3.1.10 Receipts from the sale of garbage or scrap materials resulting from Lessee’s operations at the Premises.
3.1.11 Meal, tip tip, and other wage credits to Lessee’s employees for purposes of compliance with minimum wage laws.
3.1.12 Gift cards sold at the Premises. When a gift card is redeemed or accepted as payment for a purchase at the Premises, the transaction must be reported as part of Gross Sales.
Appears in 1 contract
Samples: Concession Lease
