Marvel’s Net Sales Sample Clauses

Marvel’s Net Sales. “Marvel’s Net Sales” means all sums (including non-refundable advances) received by Marvel or its affiliates from, as applicable, the exploitation of Marvel Rights with respect to Picture-Related Items or Series-Related Items, or the direct exploitation of any merchandising rights with respect to Classic Items, net of trade and quantity discounts actually taken (provided, however, that such trade and quantity discounts shall not exceed ten percent (10%) of gross sales), returns for damaged goods actually credited (and supported by credit memoranda actually issued to the customers), and sales taxes (if included in gross sales, collected from customers and remitted to the proper government authority). It is understood that credit against sales will be allowed only for actual returns of damaged goods, and that no credit against sales will be allowed on the basis of an accrual or reserve system. No other deductions shall be taken from Net Sales including, without limitation, deductions for cash or other discounts or uncollectible accounts. No costs incurred in connection with manufacture, sale, distribution, or promotion shall be deducted from Net Sales. Marvel shall pay, and hold SPE forever harmless from, all taxes, customs, duties, levies, impost or any other charges now or hereafter imposed or based upon the manufacture, delivery, license, sale, possession or use hereunder to or by Marvel of any article (including, but not limited to sales, use, inventory, income and value added taxes on sales), which charges shall not be deducted from Net Sales or from any amounts due SPE hereunder. In addition, Net Sales shall be computed based on Marvel's usual sales price (rather than the amount received or invoiced) where goods are sold by Marvel to an affiliate.
Sample 1
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