Common use of Gross Xxxxxxxx Clause in Contracts

Gross Xxxxxxxx. Xxxxx Xxxxxxxx" means all amounts billed or -------------- otherwise charged to a Subscriber by Licensee in connection with (1) the provision of any Music Service, and (2) the lease or rental (but not the sale) of Service Delivery Equipment and other equipment used to receive and distribute such Music Service but not including (i.e., excluding) equipment that is not used primarily in the provision or reception of a Music Service. Notwithstanding the foregoing, "Gross Xxxxxxxx" shall not include any amount billed or otherwise charged to a Subscriber by Licensee for (a) the provision of any Music Service on Recorded Media, (b) Music-Related Adjunct Services, or (c) the lease or rental of any Service Delivery Equipment used with Recorded Media. "Gross Xxxxxxxx" also shall not include (i) any amounts billed to Subscribers as (and separately stated on the xxxxxxxx or otherwise separately determinable as) sales or similar excise taxes; (ii) one- time installation charges billed not later than ninety (90) days following completion of such installation; (iii) charges for service of Subscriber-owned equipment, provided that such charges are separately determinable; (iv) ad hoc (i.e., extraordinary) charges for service actually performed on Subscriber- ----- leased or Subscriber-owned equipment; and (v) late-payment penalties or interest charges imposed by Licensee, provided that such penalties and charges do not exceed standard industry practice. Licensee may deduct from its Gross Xxxxxxxx (i) amounts paid by Licensee as performing rights fees to ASCAP, BMI, or similar performing rights organizations with respect to the Music Services other than those distributed by Recorded Media, and (ii) the amount of any xxxxxxxx that were previously reported to Muzak as part of Licensee's Gross Xxxxxxxx but which, in the month of the deduction, were written off by Licensee as uncollectible in accordance with federal income tax standards of uncollectibility.

Gross Xxxxxxxx. Xxxxx Xxxxxxxx" means all amounts billed or otherwise -------------- otherwise charged to a Subscriber by Licensee in connection with (1) the provision of any Music Service, and (2) the lease or rental (but not the sale) of Service Delivery Equipment and other equipment used to receive and distribute such Music Service but not including (i.e., excluding) equipment that is not used primarily in the provision or reception of a Music Service. Notwithstanding the foregoing, "Gross Xxxxxxxx" shall not include any amount billed or otherwise charged to a Subscriber by Licensee for (a) the provision of any Music Service on Recorded Media, (b) Music-Related Adjunct Services, or (c) the lease or rental of any Service Delivery Equipment used with Recorded Media. "Gross Xxxxxxxx" also shall not include (i) any amounts billed to Subscribers as (and separately stated on the xxxxxxxx or otherwise separately determinable as) sales or similar excise taxes; (ii) one- time installation charges billed not later than ninety (90) days following completion of such installation; (iii) charges for service of Subscriber-owned equipment, provided that such charges are separately determinable; (iv) ad hoc (i.e., extraordinary) charges for service actually performed on Subscriber- ----- ---- leased or Subscriber-owned equipment; and (v) late-payment penalties or interest charges imposed by Licensee, provided that such penalties and charges do not exceed standard industry practice. Licensee may deduct from its Gross Xxxxxxxx (i) amounts paid by Licensee as performing rights fees to ASCAP, BMI, or similar performing rights organizations with respect to the Music Services other than those distributed by Recorded Media, and (ii) the amount of any xxxxxxxx that were previously reported to Muzak as part of Licensee's Gross Xxxxxxxx but which, in the month of the deduction, were written off by Licensee as uncollectible in accordance with federal income tax standards of uncollectibility.

Gross Xxxxxxxx. Xxxxx Xxxxxxxx" means all amounts billed or -------------- otherwise charged to a Subscriber by Licensee in connection with (1) the provision of any Music Service, and (2) the lease or rental (but not the sale) of Service Delivery Equipment and other equipment used to receive and distribute such Music Service but not including (i.e., excluding) equipment that is not used primarily in the provision or reception of a Music Service. Notwithstanding the foregoing, "Gross Xxxxxxxx" shall not include any amount billed or otherwise charged to a Subscriber by Licensee for (a) the provision of any Music Service on Recorded Media, (b) Music-Related Adjunct Services, or (c) the lease or rental of any Service Delivery Equipment used with Recorded Media. "Gross Xxxxxxxx" also shall not include (i) any amounts billed to Subscribers as (and separately stated on the xxxxxxxx or otherwise separately determinable as) sales or similar excise taxes; (ii) one- one-time installation charges billed not later than ninety (90) days following completion of such installation; (iii) charges for service of Subscriber-owned equipment, provided that such charges are separately determinable; (iv) ad hoc (i.e., extraordinary) charges for service actually performed on Subscriber- ----- ---- Subscriber-leased or Subscriber-owned equipment; and (v) late-payment penalties or interest charges imposed by Licensee, provided that such penalties and charges do not exceed standard industry practice. Licensee may deduct from its Gross Xxxxxxxx (i) amounts paid by Licensee as performing rights fees to ASCAP, BMI, or similar performing rights organizations with respect to the Music Services other than those distributed by Recorded Media, and (ii) the amount of any xxxxxxxx that were previously reported to Muzak as part of Licensee's Gross Xxxxxxxx but which, in the month of the deduction, were written off by Licensee as uncollectible in accordance with federal income tax standards of uncollectibility.

Gross Xxxxxxxx. Xxxxx Xxxxxxxx" means all amounts billed or -------------- otherwise charged to a Subscriber by Licensee in connection with (1) the provision of any Music Service, and (2) the lease or rental (but not the sale) of Service Delivery Equipment and other equipment used to receive and distribute such Music Service but not including (i.e., excluding) equipment that is not used primarily in the provision or reception of a Music Service. Notwithstanding the foregoing, "Gross Xxxxxxxx" shall not include any amount billed or otherwise charged to a Subscriber by Licensee for (a) the provision of any Music Service on Recorded Media, (b) Music-Related Adjunct Services, or (c) the lease or rental of any Service Delivery Equipment used with Recorded Media. "Gross Xxxxxxxx" also shall not include (i) any amounts billed to Subscribers as (and separately stated on the xxxxxxxx or otherwise separately determinable as) sales or similar excise taxes; (ii) one- one-time installation charges billed not later than ninety (90) days following completion of such installation; (iii) charges for service of Subscriber-owned equipment, provided that such charges are separately determinable; (iv) ad hoc (i.e., extraordinary) charges for service actually performed on Subscriber- ----- ---- Subscriber-leased or Subscriber-owned equipment; and (v) late-payment penalties or interest charges imposed by Licensee, provided that such penalties and charges do not exceed standard industry practice. Licensee may deduct from its Gross Xxxxxxxx (i) amounts paid by Licensee as performing rights fees to ASCAP, BMI, or similar performing rights organizations with respect to the Music Services other than those distributed by Recorded Media, and (ii) the amount of any xxxxxxxx that were previously reported to Muzak as part of Licensee's Gross Xxxxxxxx but which, in the month of the deduction, were written off by Licensee as uncollectible in accordance with federal income tax standards of uncollectibility.