Gross Receipts Defined Clause Samples

Gross Receipts Defined. As used herein, the term “Gross Receipts” shall include all revenue derived from the sale of products, services, merchandise and all revenue transactions from Leased Premises, whether delivered on or off the Airport, and whether paid for in cash or credit, and regardless of when or whether paid for or not, except only as explicitly excluded hereunder. Excluded from Gross Receipts shall be: a) Federal, state, county, and municipal sales taxes or other taxes separately stated and collected from customers; b) Actual credit card transaction fees not to exceed three percent (3%) for any given transaction; c) Receipts from the sale of or the trade-in value of any Trade Fixtures; d) Receipts from, the value of, or the sale of, any supplies or equipment to another operation or affiliate of Company, whether or not located at the Airport; provided such sale is incidental to or not made for the purpose of circumventing the fee provisions of this Agreement. e) Receipts in the form of refunds from or the value of merchandise, supplies, or equipment returned to shippers, suppliers, or manufacturers; f) Cost or value of meals provided without charge to employees of Company or the amount of any discount ,if any, given to Airport employees, employees of Company or employees of other tenants of the Airport; g) The amounts of any gratuities paid or given by patrons or customers to employees of Company, so long as such gratuities are voluntary and not included in the invoices to such patrons or customers. h) Receipts from the sale of uniform or clothing to Company’s employees whether such uniforms or clothing are required to be worn by said employees. Except as herein above specified, if any charge for any of the products or services provided hereunder is not assessed, charged, or collected, irrespective of the reason therefore, the proper amount of such charge shall, nevertheless, be included in the term “Gross Receipts” as the same is used in this section. Further, no deduction shall be made from Gross Receipts by reason of any credit loss, charge, or deduction that may be incurred by reason of the acceptance or use of credit cards or other charge or charge arrangements.

Gross Receipts Defined. The term "Gross Receipts"as used herein is hereby defined to mean sales of Tenant and of all licensees, concessionaires and sub-tenants of Tenant, from all business conducted upon or from the Premises or elsewhere and whether such business be conducted by Tenant or by any licensees, concessionaires or sub-tenants and whether such sales be evidenced by check, credit, charge account, exchange or otherwise , and shall include, but not be limited to, the amounts received from the sale of goods, wares, and merchandise and for services performed on or at the Premises, together with the amount of all orders taken or received at the Premises or elsewhere, and whether such sales be made by means of merchandise or other vending devices in the Premises, without reserve or deduction for inability or failure to collect the same. Each charge or sale for the full price in the month during which such charge or sale shall be made, irrespective of the time when the Tenant shall receive payment therefor. If any one or more departments or other divisions of Tenant's business shall be sublet by Tenant or conducted by any person, firm or corporation other than Tenant, then there shall be included in gross receipts for the purposes of fixing the Percentage Rent payable hereunder all the gross sales of such departments or divisions, whether such sales be made at the Premises or elsewhere, in the same manner and with the same effect as if the business or sales of such departments and divisions of tenant's business had been conducted by Tenant itself. Gross sales shall not include sales of merchandise for which cash has been refunded, or allowances made on merchandise claimed to be defective or unsatisfactory provided they shall have been included in gross sales; and there shall be deducted from gross sales the sales price of merchandise returned by customers for exchange, provided that the sales price of merchandise delivered to the customer in exchange shall be included in gross sales. Gross receipts shall not include tax imposed by any federal, state, municipal or governmental authority directly on sales and collected from customers, provided that the amount thereof is added to the selling price or absorbed therein, and paid by the Tenant to such governmental authority. No franchise or capital stock tax and no income or similar tax based upon income or profits as such shall be deducted from gross receipts in any event whatever.

Gross Receipts Defined. As used in this Agreement, "Gross Receipts" ---------------------- shall include all amounts received by Franchise Owner in connection with the operation of the Franchised Business other than amounts collected from compounding services rendered for other franchise owners of Franchisor. "Gross Receipts" includes, without limitation, amounts collected for Core Therapies and Permitted Therapies, even if such Therapies are added to the System subsequent to the execution of this Agreement. "Gross Receipts" also include, without limitation, all amounts collected, regardless of whether the patient to whom goods or services were provided resided within or outside of the Territory. "Gross Receipts" shall also include, without limitation, all payments to Franchise Owner under any business interruption insurance or similar insurance policy, and income of every kind and nature related to the Franchised Business. "Gross Receipts" shall not, however, include any taxes collected by Franchise Owner for transmittal to appropriate taxing authorities.

Gross Receipts Defined. The term "

Gross Receipts Defined. The term “Gross Receipts” means all revenue, without setoff or deduction of any kind (except a deduction for taxes lawfully imposed on the Services which the Contractor can demonstrate that it actually paid), when such revenue is paid or payable to the Contractor in connection with any matter associated with the Contractor entering this Contract, regardless of its source, how stated, the method of payment, when paid, and whether paid, including but not limited to revenue associated with all product or other sponsorships, advertising, paid subscriptions for content, content retransmission or distribution, and data-related revenue (for activities authorized by the Authority). Gross Receipts are deemed to be received at the time when due to the Contractor.

Gross Receipts Defined. (Intentionally Omitted) ----------------------

Gross Receipts Defined. For all purposes hereof, the term "

Gross Receipts Defined. The term "Gross Receipts" as used herein shall mean and include all gross receipts derived from the operation of the Property, including, without limitation, all rent and other sums and charges received from all tenants and lessees and payments made in consideration of the cancellation of any tenant leases or damages by reason of and default thereunder, including, without limitation, application of the security deposits upon such default, the proceeds from rental interruption insurance, and receipts from vending machines, concessions and other commercial operations conducted on the Property, but shall exclude all other receipts, including but not limited to, income derived from interest on investments, proceeds of claims on account of insurance policies other than rent interruptions or similar insurance, the abatement of taxes, awards arising out of taking by eminent domain, discounts and dividends on insurance policies.

Gross Receipts Defined. For the purposes of subsections 6.1(a), (b) and above, “gross receipts” means all amounts derived, received, or charged by any sublessee, subtenant, concessionaire, licensee, or any other person, firm or corporation (herein called “subtenant”) or by Tenant, for fish purchased, or for sales, charges for service, for the use of space made in or on the Premises, or from any and all sources of income derived in whole or in part from any business transacted in, at or from the Premises, whether from subtenants, customers, or otherwise, both for cash and on credit, and in cases of sales or charges on credit, whether or not payment is actually made. Gross Receipts shall include, without limitation, all: (i) Deposits not refunded; (ii) Orders taken on or from the Premises to be filled or paid for elsewhere; (iii) Sales or charges for all services performed, whether such sales are made or such services are rendered at or arranged through the occupied space at the Premises by long distance communication and whether initiated, performed, or completed at another location; (iv) Consideration received by Tenant for value directly from customers, and from subtenants, including subrents; (v) Income from off-site processing of fish unloaded at the Premises. Each sale or charge for service or use of space on credit or in installments shall be treated as a sale or charge for the total price in the calendar year for which the sale or charge is made whether or not any payments are made within that year.