Gross Revenues Defined Clause Samples

Gross Revenues Defined. The term "

Gross Revenues Defined. Gross Revenues" shall include all

Gross Revenues Defined. Gross Revenues" shall include all revenues, whether by coin or currency, on account, by check, credit or debit card, collected or uncollected, whether conducted on or off Airport, derived by or on behalf of Concessionaire as a result of its operation of the concession rights herein granted, without any exclusion whatever, except those exclusions expressly permitted under Sections 4.1.4(1) through 4.1,4(9) below. "Gross Revenues" shall include (a) the sales prices received or billed by or on behalf of Concessionaire from the sale of retail products, merchandise or services ("Products and Services"); (b) the full amount of any deposits, 09-11-14 Retail Is1 Amended Concession Agr K:RT/CDG/Concessions/T4578 Rev/FB/ Concessionaire, LAA-8552

Gross Revenues Defined. Gross revenues shall mean the total amount of money or the value of other considerations received from the performance of the Operator’s services anticipated under this Permit, whether for cash or credit, whether collected or not. Gross Revenues include but are not limited to the following: (a) the total amount of money or the value of other consideration received whether payment is for cash or on credit and whether or not such amount is collected; (b) all credit losses, credit charges, or credit deductions incurred by Operator or imposed on Operator by reason of Operator’s acceptance or use of credit cards or other credit or charge arrangements. Excluded or deducted from Gross Revenues are the following: (a) federal, state, municipal or other government excise taxes (except Federal manufacturer’s excise taxes), use, sales, privileges or retailer’s occupation taxes now or hereafter imposed and required to be collected by Operator directly from patrons or customers or as part of the price of any goods, wares, merchandise, services or displays and required to be paid over in turn by Operator to any governmental agency; (b) receipts from the sale or trade-in value of any equipment used on the Airport and owned by Operator; (c) the value of any merchandise, supplies or equipment exchanged or transferred from or to other locations of business of Operator where such exchanges or transfers are not made for the purpose of avoiding a sale by Operator which otherwise would be made from or at the Airport; (d) receipts in the form of refunds for the value of merchandise, supplies or equipment returned to shippers, suppliers, or manufacturers; (e) receipts with respect to any sale where the subject of such sale, or some part thereof, is thereafter returned by the purchaser to and accepted by Operator, to the extent of any refund actually granted or adjustment actually made, either in the form of cash or credit; (f) receipts from the sale to Operator’s employees of uniforms or clothing where such uniforms or clothing are required to be worn by such employees as a condition of their employment; (g) revenues derived from customers not generated through the Airport, or by Airport- related business activities of the Operator not included in this Permit.

Gross Revenues Defined. For purposes of the calculation of the service provider fee, “gross revenue” shall mean consideration of any kind or nature, including, without limitation, cash, credits, property, and in-kind contributions received by Mediacom Illinois, LLC for the operation of its cable system to provide cable or video service within the Village, including the following: (A) recurring charges for cable service or video service; (B) event-based charged for cable service or video service, including, but not limited to, pay-per-view and video-on-demand charges; (C) rental of set-top boxes and other cable service or video service equipment; (D) service charge related to the provision of cable service or video service, including, but not limited to, activation, installation, and repair charges; (E) administrative charges related to the provision of cable service or video service, including but not limited to service order and service termination charges; and (F) late payment fees or charges, insufficient funds check charges, and other charges assessed to recover the costs of collecting delinquent payments.

Gross Revenues Defined. Gross Revenues means the entire amount of Lessor’s revenues (and the revenues of any Affiliate of Lessee) derived from this Lease or any Sublease hereunder, with such amount determined in accordance with generally accepted and consistently applied accounting principles. The revenues derived from this Lease, specifically the revenues derived from the haying operation, must be the product of the hay being sold at the fair market value of the type and quality of hay at the time the cutting of the hay is completed. The NPS will use the most current USDA Direct Hay Report for the state of Missouri to make the fair market value determination. This determination will be the average of the published price range. See Exhibit E to the Offered Lease - “Sample USDA Missouri Direct Hay Report” - for complete details. The NPS on-site representative will determine the type and quality of hay at the time of cutting. The term “Affiliate of Lessee,” as used in this section, means any person or entity directly or indirectly controlling, controlled by, or under common control with Lessee, or any entity owned in whole or part, directly or indirectly, by Lessee.

Gross Revenues Defined. “Gross Revenues” means the aggregate total of all revenues derived from charges and/or fees imposed upon users of the Luggage Carts, and including without limitation, any compensation due to Concessionaire or Concessionaire’s subcontractors derived from the operation of the Luggage Cart Concession at ONT, and shall 2016-07-1 l-Smarte Carte-Luggage Cart-ONT-Contract-v5 (RT)

Gross Revenues Defined. Gross Revenues" shall include all revenues, whether by coin or currency, on account, by check, credit or debit card, collected or uncollected, whether conducted on or off Airport, derived by or on behalf of Concessionaire as a result of its operation of the concession rights herein granted, without any exclusion whatever, except those exclusions expressly permitted under Sections 4.1.4(1) through 4.1.4(91 below. "Gross Revenues" shall include (a) the sales prices received or billed by or on behalf of Concessionaire from the sale_of retail products, merchandise or services ("Products and Services"); (b) the full amount of any deposits, 09-11-14 Retail Is1 Amended Concession Agr K:RT/CDG/Concessions/T4578 Rev/FB/ Concessionaire, LAA-8551 prepayments or credits forfeited by customers in connection with any business by Concessionaire in, on, about or from the Premises; (c) the full amount of all orders for Products and Services accepted by or on behalf of Concessionaire in, on, about or from the Premises, whether or not to be filled or performed at any other place, and the full amount of all orders accepted by or on behalf of Concessionaire elsewhere, but to be filled or performed in, on, about or from the Premises; (d) the retail price of all orders for Products and Services placed from the Premises from Concessionaire's catalog, internet or otherwise; (e) the full amount of any charge Concessionaire customarily makes for Products and Services even though Concessionaire fails to actually collect such a charge (except to the extent expressly excluded pursuant to Sections 4.1.4(11 through 4.1.4(9) below); and (f) any amounts paid or payable to Concessionaire in exchange for coupons or vouchers which are redeemed at the Premises. "Gross Revenues" shall also include any payments made to Concessionaire for advertising or promoting products and services from the Premises. Goods, work or services furnished by any person or firm in lieu of payment in exchange for value received shall be deemed to be "Gross Revenues." "Gross Revenues" shall exclude revenues from the following:

Gross Revenues Defined. The term "Gross Revenues" shall mean all revenues, receipts and income of any kind derived directly or indirectly by the Lessee in the form of cash, property or services (i.e., barter, "contra," accounts, and such alternatives to cash payments, which together with property and services, shall be valued at their fair market value) from or in connection with the Hotel or the Tennis Center (including any loss of income insurance proceeds paid to the Lessee or the Lessor in the event of casualty to the Hotel, or as a result of the occurrence of any other event making use of all or a portion of the Hotel impossible or impractical), and rentals or other payments under the Amendment and Restatement of Tennis Operating Agreement and/or the Golf Course Use Agreement, and from any condominium units managed by the Lessee in the Kapalua Resort Area, and from Concessionaires (but not including their gross receipts), whether on a cash basis or credit, paid or collected, determined in accordance with generally accepted accounting principles and Uniform System; excluding, however: (i) funds furnished by the Owner under the Hotel Operating Agreement, (ii) interest accrued on amounts in the reserve under the Hotel Operating Agreement, (iii) federal, state and municipal excise, sales, use and room taxes collected directly from patrons and guests or as part of the sales price of any foods, services or displays, such as gross receipts, admissions, cabaret or similar or equivalent taxes and paid over to federal, state or municipal governments, (iv) gratuities, (v) proceeds of insurance (excluding loss of income insurance proceeds which shall be included as a part of Gross Revenues) and condemnation, (vi) value of free or any discounted portion of rooms or services under the Amendment and Restatement of Tennis Operating Agreement and/or the Golf Course Use Agreement or complimentary policies of the Hotel approved by the Lessor, (vii) any loan proceeds, and (viii) proceeds from the sale of the Hotel or the improvements and furniture, fixtures and equipment owned by the Lessee. When there are Affiliated Concessionaires operating at the Hotel, if the rental rate to any Affiliated Concessionaire is lower than the rental rate which is being charged another third party, non-Affiliated Concessionaires operating a business similar to those of the Affiliated Concessionaires in a location at the Hotel similar to that of the Affiliated Concessionaire, the Gross Revenues from such Affiliate...