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 Elk Grove, CA 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 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 from all business conducted at or from the Demised 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 Demised Premises, whether delivery or performance thereof is made at or from the Demised Premises or any other place, it being understood that all sales made and orders received at or from the Demised 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, and all orders which result from solicitation off the Demised Premises but which are conducted by personnel operating from or reporting to or under the control or supervision of any person at the Demised Premises shall be deemed part of Gross Sales, (ii) pursuant to mail, telegraph, telephone or other similar orders received or billed at or from the Demised Premises, and (iii) by means of mechanical or other vending devices; and (b) all moneys or other things of value received by Tenant from its operations at the Demised 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 (r) delivery charges, (s) finance charges, (t) merchandise or other items of value issued in redemption of gift certificates, (u) sales to employees at a discount, not to exceed 5% of Gross Sales in any calendar year, (v) any merchandise returned for credit to shippers, jobbers, wholesalers or manufacturers, (w) any sums received in settlement of claims for loss or damage to merchandise, (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 Demised Premises nor for the purpose of consummating a sale which has been theretofore made at or FROM the Demised Premises, (y) sales of fixtures which are not part of Tenant's stock in trade and not sold in th...
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 sales made through the Internet and wholesale transactions involving any party other than an It's About Games(TM) 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. 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. 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. All sales of the Products shall be invoiced to purchasers by First Party. Xxxxxxx X. Xxxxxxxx Xxxxxx Xxxxxxxxx Xxxxxxx Xxxxxxxxx
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. For purposes of sales of Retail Products through Approved Platforms, “Gross Sales” includes all sums charged or received by credit or other payment systems (and regardless of collection in the case of credit) for all Retail Products sold through Approved Platforms. Gross Sales excludes taxes that are required by applicable Law: (i) to be levied on the customer at the time of each sales transaction; (ii) to be collected by Master Franchisee and remitted to the taxing authority; and (iii) to be based upon the amount of the sale. Gross Sales also excludes cash received as payment in credit transactions where the extension of credit itself has already been included in the figure upon which the Royalty and Advertising Contribution is calculated. In addition, and for certainty only, taxes based on gross income or gross revenue of Master Franchisee shall not be deducted from the calculation of Gross Sales. For the avoidance of doubt, any fees or commissions paid by Master Franchisee to any Approved Platform or third party for use of, or pursuant to obtaining use of, the Approved Platforms shall not be deducted from the calculation of Gross Sales. The Gross Sales for Retail Products sold through Approved Platforms shall be reported to THRI in accordance with the terms hereof for purposes of determining the Royalty Fee payable to THRI for sales of Retail Products. CERTAIN PORTIONS OF THE EXHIBIT THAT ARE NOT MATERIAL AND IS THE TYPE OF INFORMATION THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL HAVE BEEN REDACTED PURSUANT TO ITEM 601(b)(10)(iv) OF REGULATION S-K. [****] INDICATES THAT INFORMATION HAS BEEN REDACTED.
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.
