Reso 1996-031 to 035 - Laserfiche WebLink

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immediately due and payable. Any rental delinquency is an additional remedy and shall not affect other remedies available to Lessor pursuant to this Lease. D. Definition of Gross Sales The term "gross sales" as herein used shall include all gross receipts from any business carried on in whole or in part upon the demised premises, including but not limited to the rental of guest rooms, sales of food and beverages, all gross revenue to Lessee from coin operated vending machines, revenue from rental of any space or facilities, any and all other revenues from sales or use charges received by Lessee, the sale of discount cards or coupons, the sale of merchandise of any sort whatsoever, and all services performed for which a charge is made by Lessee or, except as otherwise provided herein, by any other person, persons or corporation selling merchandise or performing services of any sort in, upon, or from any part of the said demised premises, and shall include sale of merchandise or performance of services either for cash or for credit, regardless of collections, on the day such sales or services occurred. Gross receipts shall include the fair market value of any consideration received by Lessee, or any of its concessionaires, in addition to or in lieu of cash for any of the services, facilities, items, goods or merchandise as covered herein, and shall include the full market value of any services, facilities, items, goods or merchandise provided or used by Lessee but for which a consideration is not received. Gross sales shall not include any of the following: 1. Merchandise returned for which cash has been fully refunded or credited. 2. Sales on credit or paid by dishonored check to the extent that such sales are charged off as losses or bad debts; provided, however, if such sales so charged off shall later be collected during the term hereof, they shall be included as sales in the month when collected to the extent collected. 3. Any sums received for telephone calls, telegrams, or teletype messages, made by tenants and guests, to the extent charges for such items are made by the public utility involved. 4. The amount of any City, County, State or Federal sales, luxury, utility, excise tax or City transient occupancy tax upon or based upon the sale of rooms, facilities, services or sales price of merchandise and which must be paid by Lessee, or collected from its customers, and paid to the taxing authority by Lessee or by a concessionaire. 5. Sales of fixtures after use thereof in the conduct of Lessee's business in the demised premises. 6. Any sums received as repayment of money advanced to or paid on behalf of tenants and guests on which there is no profit and is only a reimbursable transaction, and any sums received which are to be transferred or paid back to rev. 3-12-96 (SRM) rev. 6-5-96 (SRM) 5