Definition of Net Sales Sample Clauses
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Definition of Net Sales. For purposes of this Agreement, “Net Sales” shall be deemed to mean the aggregate invoiced amounts of Articles (and Products to which the Licensed M▇▇▇ is not affixed and Articles from which the Licensed M▇▇▇ has been removed in accordance with the provisions of Paragraph 14.3 below) sold or shipped by Licensee or any of its affiliates, less (i) customary trade discounts and markdown allowances actually earned and taken by customers (but expressly excluding discounts for prompt payment, such as “anticipation” discounts, and co-op advertising allowances) and (ii) amounts of returns or credits actually taken or granted by Licensee in accordance with its ordinary return policy. No deduction shall be made for other discounts or allowances of any kind or for any purpose, or for uncollectible accounts, accruals or reserves for returns, or costs incurred by Licensee. Sales or transfers of Articles made other than in arm’s length transactions and/or at less than the regular wholesale price shall be deemed to have been made at the regular wholesale price thereof.
Definition of Net Sales. As used in this Agreement, the term "Net Sales" means all revenue you derive from operating the WOB Tavern, including, but not limited to, all amounts you receive at or away from the Site from any activities or services whatsoever including any that are in any way associated with the Marks, and whether from cash, check, barter, debit or credit card, regardless of collection in the case of credit ("Gross Sales"); but excluding: (i) all federal, state or municipal sales, use or service taxes collected from customers and paid to the appropriate taxing authority; (ii) promotional discounts and coupons required by us; and (iii) customer refunds, adjustments, credits and allowances actually made by the WOB Tavern. We may periodically allow you and other franchisees to deduct a portion of complimentary sales, not to exceed 2% of Gross Sales, for purposes of calculating Royalties and Marketing Contributions. This deduction may only be taken for actual complimentary food, beverages or products provided to customers, and for no other reason. This deduction, and any other deduction we authorize, is only available to you as long as you timely and accurately report your Net Sales, including the percentage taken (and supporting documents) for authorized discounts and complimentary sales. We may discontinue this policy at any time for any reason whatsoever. All employee discounts and complimentary food, beverages or other products that you provide must otherwise be included in the definition of Net Sales at the full retail price charged by you to customers for such beverages or products. Net Sales also includes revenues from delivery service sales, retail, concessions, hotel room service, catering, special functions, etc. and sales of any products bearing or associated with the Marks.
Definition of Net Sales. Net Sales" shall mean the Gross Sales ----------------------- recognized by BBC with respect to the Licensed Products less (i) sales tax, value added tax, and similar governmental taxes or charges, if any, (ii) actual sales returns, (iii) discounts off list prices, (iv) prompt payment discounts actually offered, (v) sales price allowances actually given, whether or not reflected on the relevant invoice, (vi) retailer pickup allowances, and (vii) import duties and fees and international freight billed to retailers outside of the United States and Canada. "Gross Sales" shall mean sales of the Licensed Products, priced at BBC's list price. Net Sales shall not include any Licensed Products given at no charge to potential customers or to retailers, brokers, spokespersons or others.
Definition of Net Sales. As used throughout this Agreement, the term “Net Sales” shall mean the aggregate of the invoiced amounts of Licensed Items sold, shipped and/or provided by Licensee, less (a) refunds, credits and allowances actually made or allowed to customer with respect to Licensed Items, (b) freight charges charged to customers as a separate line item on the invoice, (c) duties, customs payments, and sales and excise taxes.
Definition of Net Sales. As used throughout this Agreement. the term “Net Sales” shall mean the aggregate of the invoiced amounts of Licensed Items, sold and/or shipped by Licensee and paid for by Licensee’s customers, less (a) refunds, credits and allowances actually made or allowed to customer with respect to Licensed Items, (b) shipping and/or freight charges, whether or not charged to customers as a separate line item on the invoice. (c) promotional/new store discounts. and (d) federal and state duties, levies, sales and excise taxes (including value-added taxes).
Definition of Net Sales. For the purposes of this Agreement, "NET SALES" shall be defined as Gross Sales Revenues from the Partner Product(s), less the General Reserve (as defined in SECTION 3 of this EXHIBIT A).
Definition of Net Sales. The term "Gross Sales" of Tenant, as used in this Lease, is defined to be the actual gross sales price of all movie ticket sales for movies shown at the Premises by Tenant, its subtenants, licensees and concessionaires, whether for cash or on credit and whether made by store personnel, outside ticket vendors, or by approved vending machines or by electronic, telephonic, video, computer, or other technology-based system, whether existing now or developed in the future, located at the Premises or generating orders therefor. The term "Net Sales" of Tenant, as used in this Lease, is defined to be Gross Sales, excluding the following:
(a) Cash refunds made to customers, or credit refunds, in the ordinary course of business, to the extent the initial sale was previously reported as Net Sales hereunder, and the amount of discounts granted to non-profit or other groups, provided, however, that the full amount of the sales price has been included in Net Sales;
(b) Sales taxes, so-called luxury taxes, consumers' excise taxes, gross receipts taxes and other similar taxes now or hereafter imposed upon the sale of merchandise or services, but only if collected separately from the selling price of movie admission and collected from customers;
(c) Gift certificates, or like vouchers, until such time as the same shall have been converted into a sale by redemption. All sales originating at the Premises shall be considered as made and completed therein, even though bookkeeping and payment of the account may be transferred to another place for collection and even though actual filling of the sale or service order and actual delivery of the merchandise may be made from a place other than the Premises.
Definition of Net Sales. For purposes of this Section-1.2(b), Net Sales shall be determined in accordance with generally accepted accounting principles (i.e., gross sales minus the following: returns (i.e., credit memoranda issued for returned goods); allowances
Definition of Net Sales. “Net Sales” of a Licensed Product in a particular period shall mean the amount calculated by subtracting from the Sales of such Licensed Product for such period: (i) a lump sum deduction of [**] percent ([**]%) of Sales in lieu of those deductions that are not accounted for within the Commercializing Party on a Licensed Product-by-Licensed Product basis (e.g., freight, postage charges, transportation insurance, packing materials for dispatch of goods, custom duties); (ii) uncollectible amounts actually realized and credit card charges (including processing fees) accrued during such period on such Sales and not
Definition of Net Sales. The term "Net Sales" as used herein shall mean the actual sales price of all food, merchandise and services sold in, on or from the Premises, whether by Tenant or by any party occupying the Premises as a licensee, concessionaire, sublessee or assignee of Tenant, whether for cash or on credit, whether made by Tenant's personnel or by vending machines, and even though such sales or services are ordered by telephone, mail, telegraph or otherwise. Payments on installments or credit sales shall be included in Net Sales in the calendar quarter when the merchandise is delivered or service provided to the customer. Net Sales shall not include: (i) sums collected and paid out for any sales or retail excise tax imposed by any duly constituted governmental authority; (ii) sales to employees at a discount, but only to the extent of such discount; (iii) any rebates and/or refunds to customers; (iv) sales of trade fixtures or store equipment after use on the Premises; (v) transfers of merchandise between stores of Tenant, provided no such transfer is made to avoid liability for Percentage Rent; and,