Common use of RETAIL VALUE Clause in Contracts

RETAIL VALUE. The term "Retail Value" herein shall mean the aggregate of the item values of the respective items of all the Merchandise. Merchandise shall include all goods owned by Merchant and located at the Stores on the Inventory Date except: (i) goods which Merchant shall have reasonably shown to belong to sublessees, licensees or concessionaires of Merchant or to have been placed in the Stores on consignment; and (ii) furniture, fixtures, equipment and improvements to realty located in the Stores. The ticketed price of any item of Merchandise shall not include any sales or gross receipts taxes. If any item of Merchandise has more than one ticket, the lower retail price shall prevail unless Merchant establishes that such Merchandise was inadvertently priced incorrectly. Merchandise arriving at the Stores following the Start Date ("On Order Merchandise"), shall be valued at the lowest ticketed price less the discount then prevailing in the Stores.

Appears in 3 contracts

Samples: Diy Home Warehouse Inc, Diy Home Warehouse Inc, Diy Home Warehouse Inc

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RETAIL VALUE. The term "Retail Value" herein shall mean the aggregate of the item values of the respective items of all the Merchandise. Merchandise shall include all goods owned by Merchant and located at the Stores Store on the Inventory Date except: (i) goods which Merchant shall have reasonably shown to belong to sublessees, licensees or concessionaires of Merchant or to have been placed in the Stores Store on consignment; and (ii) furniture, fixtures, equipment and improvements to realty located in the StoresStore. The ticketed price of any item of Merchandise shall not include any sales or gross receipts taxes. If any item of Merchandise has more than one ticket, the lower retail price shall prevail unless Merchant establishes that such Merchandise was inadvertently priced incorrectly. Merchandise arriving at the Stores Store following the Start Date ("On Order Merchandise"), shall be valued at the lowest ticketed price less the discount then prevailing in the StoresStore.

Appears in 1 contract

Samples: Diy Home Warehouse Inc

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