Statements of Gross Sales. Tenant shall deliver to Landlord: (a) within ten (10) days after the close of each calendar month of the Term, a written report signed by Tenant or by an authorized officer or agent of Tenant, showing the Gross Sales made in the preceding calendar month and (b) within sixty (60) days after the close of each Rental Year a statement of Gross Sales for the preceding Rental Year which shall conform to and be in accordance with generally accepted accounting principles and Section 5.5. The annual statement shall be accompanied by the signed certificate of an independent Certified Public Accountant stating specifically that (i) he has examined the report of Gross Sales for the preceding Rental Year, (ii) his examination included such tests of Tenant's books and records as he considered necessary or appropriate under the circumstances, (iii) such report presents fairly the Gross Sales of the preceding Rental Year, and (iv) the Gross Sales conform with and are computed in compliance with the definition of Gross Sales contained in Section 5.5. hereof. If Tenant shall fail to deliver such annual statement and certificate to Landlord within said sixty (60) day period, Landlord shall have the right thereafter to employ an independent Certified Public Accountant to examine such books and records, including without limitation all records required by Section 5.7., as may be necessary to certify the amount of Tenant's Gross Sales for such Rental Year, and Tenant shall pay to Landlord the cost thereof as Additional Rental. If such audit shall disclose that Tenant's records, in the opinion of such independent Certified Public Accountant, are inadequate to disclose such Gross Sales, Landlord shall be entitled to collect, as Additional Rental, an equitable sum determined by such independent Certified Public Accountant but not exceeding fifty percent (50%) of the Annual Basic Rental payable by Tenant during the period in question.
Statements of Gross Sales. Together with the quarterly Percentage Rent, Lessee shall furnish to Lessor a statement in writing, certified by Lessee to be correct, showing the total gross sales made in, upon or from said restaurant during the said calendar quarter or portion thereof.
Statements of Gross Sales. On or before the tenth (10th) day of each month during the Lease Term, Tenant shall deliver a monthly sales report (the “Monthly Sales Report”) to Landlord for the preceding month. Tenant shall submit its Monthly Sales Report form attached to this Addendum 3B as Attachment 1, which may be revised by Landlord from time to time. Tenant shall also submit to Landlord, within forty-five (45) days following the end of each Fiscal Year, a statement (the “Annual Statement”) setting forth the aggregate Gross Sales for the previous Fiscal Year, in the form of and containing the same type of information set forth in the Monthly Sales Report. Upon Landlord’s request, Tenant shall also provide copies of the past year’s sales tax returns filed by Tenant with respect to business conducted from the Premises, or Tenant shall supply Landlord with appropriate documentation of Tenant’s tax exemption status.
Statements of Gross Sales. On or before the tenth (10th) day of each month during the Lease Term, Tenant shall deliver a Monthly Sales Report to Landlord for the preceding month. Tenant shall submit its Monthly Sales Report in the form attached to this Addendum 3B as Attachment 1, which may be revised by Landlord from time to time. Tenant shall also submit to Landlord, within forty-five (45) days following the end of each Fiscal Year, a certified annual statement (the “Annual Statement”) prepared by an independent certified public accountant setting forth the aggregate Gross Sales for the previous Fiscal Year, in the form of and containing the same type of information set forth in the Monthly Sales Report. Upon Landlord’s request, Tenant shall also provide copies of the past year’s sales tax returns filed by Tenant with respect to the business conducted from the Premises, or Tenant shall supply Landlord with appropriate documentation of Tenant’s tax exemption status. Statements shall include the Gross Sales of all subtenants, licensees and concessionaires of Tenant. The certified annual statement shall be accompanied by a payment to Landlord of any underpayment of Percentage Rent, as provided in subparagraph (c)(iii) below.
Statements of Gross Sales. SECTION 5.6.
Statements of Gross Sales. A. Tenant shall provide Landlord with statements of monthly Gross Sales within twenty (20) days after Landlord's written request therefore which request shall be made no more than six (6) times in any twelve (12) month period.
Statements of Gross Sales. (a) On or before the thirtieth (30th) day following each full or partial calendar quarter included in the Term, Tenant shall deliver to Landlord a written statement certified by Tenant’s president or chief financial officer setting forth the Gross Sales from the Premises as reported to the applicable governmental authority regarding taxes on Gross Sales with respect to such full or partial calendar year.
Statements of Gross Sales. Within twenty (30) days after the end of each calendar month included in the Term, Licensee shall deliver to Licensor a written statement certified by Licensee setting forth (i) the amount of Gross Sales made during such month; (ii) the aggregate amount of Gross Sales made during such month; (iii) the amount of deductions or exclusions from Gross Sales taken in accordance with above, if any; (iv) the aggregate consent fee due for such month; and (vi) the consent fee then due for such month. If Licensee shall fail to deliver any statement of Gross Sales when due and does not cure such failure within ten (10) days after written notice from Licensor, in addition to all of Licensor’s other rights and remedies hereunder, (i) Licensee shall pay to Licensor, as additional fees, an amount equal to $500 per day for each day such statement is overdue; and (ii) upon not less than ten (10) days prior notice to Licensee, Licensor shall have the right to cause an audit of all books, records and bank accounts of Licensee pertaining to the licensed activities and to prepare the statements which Licensor has failed to deliver.
Statements of Gross Sales. Intentionally deleted
Statements of Gross Sales. Tenant shall deliver to Landlord: (a) within fifteen (15) days after the end of each calendar month of the Term a written report signed by Tenant's accountant or by an authorized executive officer or authorized agent of Tenant and certified by such person to be complete and accurate, setting forth the Gross Sales made in the preceding calendar month; and (b) within ninety (90) days after the end of each Lease Year and within ninety (90) days after the expiration or earlier termination of this Lease, a statement of Gross Sales for the preceding Lease Year or other period preceding the termination of this Lease. The annual statement shall be accompanied by a signed certificate of an authorized executive officer stating specifically that: (i) he or she has examined the report of Gross Sales for the preceding Lease Year; (ii) such report presents fairly the Gross Sales of the preceding Lease Year; and (iii) such Gross Sales conform with and are computed in compliance with the definition of Gross Sales contained in Section 2.04 hereof. If Tenant shall fail to deliver the monthly report or the annual statement and certificate to Landlord within the time required, then, in addition to any other rights of Landlord, Landlord shall have the right thereafter to employ, at Tenant's reasonable expense, an independent certified public accountant to examine such books and records as may be necessary to determine the amount of Tenant's Gross Sales for such month or Lease Year, as the case may be. Both the monthly report and the annual statement shall be in the form and style and contain such detail as set forth in Exhibit B.
