Xxxxx Sales. The second paragraph of Section 4.02 is hereby deleted and in its place is inserted the following paragraph: Gross Sales shall mean all box office receipts, including receipts from tickets or gift certificates redeemed at the premises regardless of their point of sale, as well as receipts from sale of goods, merchandise, beverages, food, vending machines and video games. Gross Sales shall exclude credits and refunds made with respect to admissions or other sales; all federal, state, county and city admission taxes, sales and use taxes, and other similar taxes now or hereafter imposed whether such taxes are collected from customers separately from the selling price of admission tickets or absorbed therein, and actually paid over to the taxing authority by Tenant; returned, exchanged, waived or “Pass Admissions” including EBF charges on “Pass Admissions;” and receipts from tickets or gift certificates sold but not redeemed at the Premises. Commissions or surcharges paid to agencies or other third parties for selling tickets or processing credit card transactions, and any sums paid to third parties for the use or rental of vending machines, pay telephones or other amusement machines shall be deducted from Gross Sales.
Xxxxx Sales. The term "Gross Sales" means the total amount of all revenues Franchisee receives from the sale of goods and services, whether for cash or by check, credit card or trade, in connection with the Store, less customer refunds and returns. Gross Sales will include any sales permitted through the Internet and wholesale transactions involving any party other than a Plato's Closet(R) franchisee who is in good standing with Franchisor. Gross Sales will not include sales tax collected from customers and paid to appropriate tax authorities.
Xxxxx Sales. The second paragraph of Section 4.02 is hereby deleted and in its place is inserted the following paragraph: Gross Sales shall mean all box office receipts, including receipts from tickets or gift certificates redeemed at the premises regardless of their point of sale, as well as receipts from sale of goods, merchandise, beverages, food, vending machines and video games. Gross Sales shall exclude credits and refunds made with respect to admissions or other sales; all federal, state, county and city
Xxxxx Sales. The term “Gross Sales” wherever used herein shall be defined to mean the gross dollar aggregate of the following exclusive of "Permissible Exclusions" (as hereinafter defined below): (a) the entire amount of the prices charged for all goods, wares and merchandise sold, leased, licensed or delivered and all charges for all service sold or performed by Concessionaire from all business conducted at, upon or from the Premises by Concessionaire, whether made for cash, by check, on credit, charge accounts or otherwise (without reserve or deduction for (y) inability or failure to collect the same, and (z) trade-in or similar transactions), including, but not limited to, transactions (i) where the orders therefore originate from or are accepted by Concessionaire at the Premises, but delivery or performance thereof is made from or at any other place, it being agreed that all sales made and orders received in or at the Premises shall be deemed made and completed therein, even though the payment or account may be transferred to another office for collection, and all orders which result from solicitation outside of the Premises where such solicitation is conducted by personnel operating from or reporting to or under the control or supervision of Concessionaire shall be deemed part of Gross Sales; (ii) pursuant to mail, telephone, internet, mobile device, or other similar device whereby orders are received at, delivered or billed from the Premises; (iii) by means of mechanical, electronic or other vending devices including without limitation "video games" (it being agreed that this clause (iii) shall not be interpreted so as to permit the use of any such mechanical or vending devices unless otherwise expressly permitted pursuant to another provision of the Concession Agreement); (iv) originating from whatever source, and which Concessionaire in the normal and customary course of Concessionaire's operations would credit or attribute to Concessionaire's business conducted in the Premises; and
Xxxxx Sales. The dollar aggregate of: (a) the actual sales price of all goods and merchandise sold, leased or licensed and the charges for all services performed by Tenant or otherwise in connection with all business conducted at or from the Retail Premises, whether made for cash, by check, credit or otherwise, without reserve or deduction for inability or failure to collect the same, including, without limitation, sales and services (I) where the orders therefor originate at or are accepted at or from the Retail Premises, whether delivery or performance thereof is made at or from the Retail Premises or any other place, it being understood that all sales made and orders received at or from the Retail Premises shall be deemed to have been made and completed therein even though the orders are fulfilled elsewhere or the payments of account are transferred to some other office for collection, (ii) where the orders therefor result from solicitation off the Retail Premises but which are conducted by personnel operating from or reporting to or under the control or supervision of any person at the Retail Premises, (iii) pursuant to mail, telegraph, telephone or other similar orders received or billed at or from the Retail Premises, and (iv) by means of mechanical or other vending devices, and (b) all monies or other things of value received by Tenant from its operations at the Retail Premises (which are not excluded from Gross Sales by the next succeeding sentence) including all finance charges, cost of gift or merchandise certificates and all deposits not refunded to customers. Gross Sales shall not include (x) the exchange of merchandise between stores of Tenant where such exchange is made solely for the convenient operation of Tenant's business and neither for the purpose of depriving Landlord of the benefits of a sale which would otherwise be made at or from the Retail Premises nor for the purpose of consummating a sale which has been theretofore made at or from the Retail Premises, (y) sales of trade fixtures which are not part of Tenant's stock in trade and not sold in the regular course of Tenant's business, or (z) the amount of any city, county, state or federal sales tax, luxury tax or excise tax on sales if the tax is added to the selling price and separately stated and actually paid to the taxing authority by Tenant; provided, however, no franchise or capital stock tax and no income or similar tax based upon income, profits or Gross Sales shall be deducted from Gros...
Xxxxx Sales. As used herein, the term "Gross Sales" shall mean the gross dollar value of all sales of Licensed Products by licensee, less bona fide and reasonable trade discounts, returns and allowances actually given. Gross sales per sku may be different based on wholesale, distributor price and direct to consumer pricing. The Royalty will be paid on the amount sales irrespective of channel. No deductions shall be made for cash or other discounts (except for trade discounts), freight, commissions, uncollectible accounts, advertising expenses, or any other deductions not approved in writing by Throwdown. During each year of each Term, the combined total of returns, trade discounts and allowances shall not exceed twenty percent (20%) of Licensee's Gross Sales.
Xxxxx Sales. All sales made by Lessee on the Leased premises, excluding only the following: sales of capital assets used in the business; individual sales transactions in excess of AMOUNT, actual bad debts or sales adjustments to customers; and company inter- departmental sales.
Xxxxx Sales. Gross Sales" shall mean the total amount of payments received by CBC, whether in cash or credit, for food, beverage, merchandise sold or other services provided on or from the Premises, excluding sales tax, employee and complimentary meals for marketing purposes, and tips or service charges actually paid to employees. It shall include sales orders secured, received or delivered on or from the Premises whether or not such order is filled or delivered elsewhere.
Xxxxx Sales. For the purposes hereof, "Gross Sales" shall mean the total selling price of all services and products and all income of every other kind and nature related to SRG's restaurants (including, without limitation, income related to catering, delivery, and any other sales of food products or food preparation services provided from or related to SRG's restaurants), whether for cash or credit and regardless of collection in the case of credit. If a cash shortage occurs, the amount of Gross Sales shall be determined based on the records of the electronic cash register system or point-of-sale system and any cash shortage shall not be considered in the determination of Gross Sales.
Xxxxx Sales. The term “Gross Sales” shall be defined herein as the actual prices charged, whether for cash or on credit, for all sales by Lessee and any sublessees, concessionaires and/or licensees from the Demised Premises, including catalog, electronic and telephone sales and orders taken in or from the Demised Premises but filled elsewhere, all without credit to Lessee for uncollected or uncollectible credit accounts. Each charge or sale upon installment or credit shall be treated as a sale for the full price at the time such charge or sale is made, regardless of whether or when Lessee receives payment. Deposit amounts shall be included in Gross Sales when received.
