Tenant’s Records. Tenant shall prepare, keep and maintain at the Premises or at Tenant’s principal office within New York City, for a period of not less than 3 years following the end of each Computation Year and following the Expiration Date (with respect to the final Computation Year), complete and accurate books of account and records of, but not limited to, all purchases and receipts of merchandise, inventories and all sales and other transactions by Tenant from which Tenant’s Gross Revenues from the Music Hall or the Club can be determined. Tenant shall record all sales, at the time each sale is made, whether for cash or credit using either (i) non-resettable electronic cash registers or cash registers containing locked-in cumulative tapes with cumulative capacity, in each case reasonably satisfactory to Landlord, or (ii) a system of duplicate sales slips, invoices or non-resettable cash register receipts, serially numbered, or such other method for recording sales as Landlord approves in its sole judgment. Tenant shall keep for at least 3 years following the end of each Computation Year (or if Landlord and Tenant are disputing the computation of Gross Revenues for any Computation Year, such longer period of time as may be required until the final resolution of such dispute) all pertinent original sales books and records, which records shall include:
(A) daily dated register tapes; (B) serially numbered sales slips; (C) mail orders; (D) telephone orders; (E) settlement report sheets of transactions with subtenants, concessionaires and licensees; (F) records showing that merchandise returned by customers was purchased by such customer at or from the Music Hall or the Club; (G) duplicate bank deposit slips and bank statements; and (H) such other records as would normally be required to be kept and examined by an independent accountant in accordance with accepted auditing practices in performing an audit of Tenant’s Gross Revenues; and all income, sales and occupancy tax returns. All of Tenant’s obligations under this Section (e) shall survive the Expiration Date for a period of 3 years (or if Landlord and Tenant are disputing the computation of Gross Revenues for any Computation Year such longer period of time as may be required until the final resolution of such dispute).
Tenant’s Records. Tenant shall prepare and keep full, complete and proper books and source documents, in accordance with generally accepted accounting principles, of the Gross Sales, whether for cash, credit or otherwise, of each separate department at any time operated in the Leased Premises and of the operations of each subtenant, concessionaire, licensee and/or assignee, and shall require and cause all such parties to prepare and keep books, source documents, records and accounts sufficient to substantiate those kept by Tenant. The books and source documents to be kept by Tenant shall include, without limitation, true copies of all Federal, State and local tax returns and reports, records of inventories and receipts of merchandise, daily receipts from all sales and other pertinent original sales records and records of any other transactions conducted in or from the Leased Premises by Tenant and any other persons conducting business in or from the Leased Premises. Pertinent original sales records shall include, without limitation: (i) cash register tapes, including tapes from temporary registers, (ii) serially pre-numbered sales slips, (iii) the original records of all internet, computer, mail and telephone orders at and to the Leased Premises, (iv) settlement report sheets of transactions with subtenants, concessionaires, licensees and assignees, (v) original records indicating that merchandise returned by customers was purchased at the Leased Premises by such customers, (vi) memorandum receipts or other records of merchandise taken out on approval, (vii) detailed original records of any exclusions or deductions from Gross Sales, (viii) sales tax records, and (ix) such other sales records, if any, which would normally be examined by an independent accountant pursuant to accepted auditing standards in performing an audit of Tenant’s sales. Tenant shall record at the time of each sale or other transaction, in the presence of the customer, all receipts from such sale or other transaction, whether for cash, credit or otherwise, in a cash register or cash registers having a cumulative total which shall be sealed in a manner approved by Landlord and which shall possess such other features as shall be required by Landlord. All of the foregoing books, source documents and records shall be retained for a period of at least four (4)two (2) years after the expiration of each Lease Year.
Tenant’s Records. Tenant covenants and agrees that the business upon the Premises shall be operated so that a duplicate sales slip, invoice or non-resettable cash register receipt, serially numbered, or such other device for recording sales as Landlord approves, shall be issued with each sale or transaction, whether for cash, credit or exchange. For the purpose of permitting verification by Landlord of any amounts due as Rental, Tenant will keep and preserve for at least three (3) years, and during the Term shall keep at the Premises, a general ledger, required receipts and disbursement journals and such sales records and other supporting documentation together with original or duplicate books and records which shall disclose in detail all information required to permit Landlord to verify Tenant's Gross Sales and which shall conform to and be in accordance with generally accepted accounting principles. At any time or from time to time after twenty-four (24) hours' advance notice to Tenant, Landlord or any Mortgagee, their agents and accountants, shall have the right during business hours to make any examination or audit of such books and records which Landlord or such Mortgagee may desire. If such audit shall disclose a liability in any Rental Year for Rental in excess of the Rental theretofore paid by Tenant for such period, Tenant shall promptly pay such liability. In addition, if such audit shall disclose that Tenant has either under-reported Gross Sales by five percent (5%) or more during any Rental Year or that Tenant has underpaid by three percent (3%) or more any Rental payable by Tenant the amount of which is based on Gross Sales, then in such event, in addition to being an Event of Default hereunder, Tenant shall promptly pay the cost of audit and interest at the Default Rate on all additional Annual Percentage Rental then payable, accounting from the date such additional Annual Percentage Rental was due and payable. If such audit shall disclose that Tenant's records, in Landlord's reasonable determination, are inadequate to reflect accurately Tenant's Gross Sales, Landlord shall have the right to retain a consultant to prepare and establish a proper recording system in which Tenant can determine Gross Sales, using books and records in a form prescribed by such consultant and Tenant shall pay to Landlord as Additional Rental the costs, consultant's fees and any other charges relating thereto. In the event such audit shall disclose that Tenant has under paid Annual ...
Tenant’s Records. Tenant shall prepare and keep full, complete and proper books and source documents, in accordance with generally accepted accounting principles, of the Gross Sales, whether for cash, credit or otherwise, of each person or entity conducting business in the Premises and shall require and cause all such parties to prepare and keep books, source documents, records and accounts sufficient to substantiate those kept by Tenant. The books and source documents to be kept by Tenant shall include, without limitation, true copies of all sales tax returns and reports, and other pertinent original sales records and records of any other transactions conducted in or from the Premises by Xxxxxx and any other persons or entity conducting business in or from the Premises. Tenant shall record at the time of each sale or other transaction, all receipts from such sale or other transaction, whether for cash, credit or otherwise, in a cash register or cash registers having a cumulative total.
Tenant’s Records. Tenant shall keep true, full, and accurate books of account setting forth Gross Receipts, together with any other information which will in any way affect the determination of Percentage Rent payable under this Lease. Landlord shall be allowed after five (5) days prior notice, to inspect Tenant’s books of account at the Premises and to procure audits thereof by a Certified Public Accountant. If in the judgment of such accountant Xxxxxx’s books of account are incomplete or improperly reflect the information necessary to an accurate determination of the rents payable under this Lease, or if the audit shall show that the reports submitted by Tenant understated Tenant’s Gross Receipts by more than three percent (3%) thereof for any year covered by the audit, the costs and fees for such audit shall be paid by Tenant as an Additional Charge. If such audit discloses any willful or intentional effort to understate Gross Receipts, then, at Landlord’s option, Tenant may be required to surrender possession of the Premises. Tenant shall retain all books of accounting and any other information which will in any way affect the determination of Percentage Rent payable under this Lease for a period of six (6) years after the expiration or termination of this Lease, and Tenant shall make them available for inspection at the Premises within ten (10) days of Landlord’s demand therefore. This section shall survive expiration or termination of this Lease.
Tenant’s Records. 24 Tenant shall prepare and keep full, complete and proper books and source documents, in 25 accordance with Generally Accepted Accounting Principles, of the Gross Sales, whether for cash, credit 26 or otherwise, of each separate department at any time operated within the Premises and of the operations 27 of each subtenant, concessionaire, licensee and/or assignee, and shall require and cause all such parties to 28 prepare and keep books, source documents, records and accounts sufficient to substantiate those kept by 29 Tenant (“Records”). The Records to be kept by Tenant shall include, without limitation, true copies of all 30 state and local sales and use tax returns and reports, records of inventories and receipts of merchandise, 31 records of bank deposits of the entire receipts from transactions at the Premises, daily receipts from all 32 sales (including those from mail or telephone orders), and other pertinent sales records and records of any 33 other transactions conducted in or from the Premises by Xxxxxx and any other persons conducting 34 business from the Premises. Pertinent sales records shall include, without limitation, a point of sale 35 system of record keeping and such other reasonable documentation which would normally be examined 36 by an independent accountant pursuant to Generally Accepted Auditing Standards in performing an audit 37 of Tenant's sales sufficient to provide determination and verification of Gross Sales and the exclusions 38 and deductions therefrom. Tenant’s Records shall be preserved by Tenant at the Premises for at least three 39 (3) years after expiration of each lease year or partial lease year (or, if less than three (3) lease years 40 remain in the Term, until one (1) year following the expiration of the Term). All of books, source 41 documents, records and documentation maintained pursuant hereto shall at all reasonable times be open to 42 the inspection of, and may be copied or extracted from, in whole or in part, by Landlord or Landlord's 43 authorized representative or agent for a period of at least four (4) years after the expiration of each lease 44 year (or, if less than four (4) lease years remain in the Term, until one (1) year following the expiration of 45 the Term), provided that such inspection or copying does not occur more than once every 12 calendar 46 months.
Tenant’s Records. All business upon the Premises shall be operated so that duplicate, dated sales slips, dated invoices, register receipts or similar evidence of payment serially numbered, shall be issued with each sale, transaction or other event resulting in Gross Sales or Permitted Exclusions (“Tenant’s Receipts”). For the purpose of permitting verification by Landlord of any amounts due as Percentage Rent, Tenant shall keep and preserve at all times during the period required, at the Premises, Tenant’s Receipts, a general ledger, sales receipts and disbursements journals, sales records and other supporting documentation and full, complete and accurate non-consolidated books of account (i.e., books and records reflecting Tenant’s operations solely at the Premises) (collectively “Tenant’s Records”). Tenant’s Records shall (a) disclose in detail all information reasonably required to permit Landlord to verify Tenant’s Gross Sales, (b) conform to and be in accordance with generally accepted accounting principles consistently applied with respect to all operations of the business conducted from the Premises, (c) be maintained in the English language and (d) be kept and preserved for at least thirty-six (36) months following the end of the Lease Year for which the same pertain (or such longer period, if and while the same may need to be consulted in reference to any dispute or audit, until such dispute or audit has been finally resolved).
Tenant’s Records. Tenant shall furnish such financial statements, invoices, records, papers and documents relating to the Capitalized Repair and Maintenance as Landlord may reasonably require.
Tenant’s Records. 7 SECTION 3.02.
Tenant’s Records. Tenant shall keep full, complete and proper books, records and accounts prepared in accordance with generally accepted accounting principles (collectively, “Tenant’s Records”) of its daily Gross Sales in, upon, or from the Leased Premises. Original sales records shall be separately maintained for the Leased Premises and shall include: (i) daily dated sealed, continuous, cash register tapes, (ii) serially numbered sales slips, (iii) settlement report sheets of transactions with subtenants, concessionaires and licensees, (iv) bank statements, (v) general ledger or summary record of all receipts and disbursements from operations in, at or from the Leased Premises, (vi) state and local sales and use tax returns, and (vii) such other records that would normally be kept pursuant to generally accepted accounting principles, or as the Landlord may reasonably require in order to determine Gross Sales hereunder. Tenant shall be permitted to use such cash registers and maintain its business records in the same manner as all of Tenant’s other stores. Landlord and its agents and employees shall have the right at any and all reasonable times upon fourteen (14) days prior written notice to Tenant, to examine and inspect all of the books and records of Tenant, including any sales tax reports pertaining exclusively to the business of Tenant conducted in, upon or from the Leased Premises, for the purpose of investigating and verifying the accuracy of any statement of Gross Sales, but in no event more than one (1) time per year. Tenant may excise any portions of such sales tax reports pertaining to other stores owned or operated by Tenant. Tenant shall keep all such records for a period of three (3) years. All records shall be maintained by Tenant on the Leased Premises, or at the corporate office of Tenant.
