Reso 1998-026 to 030 - Laserfiche WebLink

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Revenues until the rental or use to which they relate has occurred or, in the event of a cancellation of an event, when the event is cancelled and the amount becomes nonrefundable), (iii) sales of food or beverages (including, without limitation, food and beverage sales included within package plans, restaurant sales, revenues from catering operations, whether served at the Facility or offsite, cover charges and service charges), (iv) package plans covering lodging, food and beverage and/or conference facilities and services, (v) sales from gift shops and other shops, (vi) provision of guest or conference facilities, services or equipment (including, without limitation, usage or rental of pool, spa, fitness or other recreational facilities, audio, video electronic or telecommunications equipment or services) , (vii) parking charges or fees, (viii) merchandise sales, (ix) rentals, fees or other charges for any activity, event or service held or provided on the Premises, (x) vending machine sales and (xi) the licensing or sale of the name of the facility operated on the Premises. Gross Revenues does not include (i) sales and use tax, transient occupancy tax or other taxes collected by Tenant and paid directly to the taxing authority, (ii) gratuities for food and beverage service consistent with industry standards (but not exceeding 15 % of food and beverage charges), (iii) sums (including insurance proceeds) received in settlement of claims for loss or damage other than business interruption or rental loss insurance, (iv) consideration for the sale of furniture, fixtures and equipment, (v) accounts receivable which have been determined to be uncollectible for federal income tax purposes, (vi) returns of merchandise and refunds in fact made by Tenant upon transactions included in Gross LEASE BETWEEN CITY OF SAN LEANDRO AND SAN FRANCISCO BAY CONFERENCE RESORT PAGE 5 2574001\313983.8