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NEGOTIATING KEY LEASE PROVISIONS A Landlord's Point of View - page 29 / 60





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The amount of all interest, service or carrying charges or other charges, however

denominated, paid by customers for extension of credit:


The amount of any discount allowed to employees if the full price of the item was

included in Gross Sales;

(e) The amount of any discounts allowed to any charitable institution or organization if the full price of the item was included in Gross Sales;


The cost of all trading stamps, and the face amount or value of all coupons or other

evidence of a right to free or reduced-cost merchandise issued directly by Tenant (and for which

Tenant does not receive reimbursement from any vendor or manufacturer) for immediate or future exchange for merchandise or other things of value;


The cost of merchandise or other things of value transferred to customers either in

redemption of trading stamps, in exchange for a coupon or other evidence of a right to free or

reduced-cost merchandise, or as a premium in connection with a sales promotion program,

provided that any amounts received from the customer or the manufacturer or distributor of such merchandise or the issuer of such coupon in connection with such a transaction shall be included

in Gross Sales.

Tenant may exclude from Gross Sales any receipts or credits received from the following transactions:


Merchandise returned to suppliers, shippers or manufacturers or transferred from the

Market to another store or warehouse;


The amount of any federal, state or local tax in respect of any sale, whether or not such

tax is collected from customers, or absorbed by, or charged to. or paid by, Tenant or any subtenant, licensee or concessionaire of Tenant, regardless of the time when such tax is paid provided that excise taxes, for example taxes on liquor and cigarettes, may be allocated to the Market by Tenant based on chain-wide averages because of the difficulty of accounting therefor

on a store-by-store basis:


Charges for the cashing of checks or the paying of utility bills or like services rendered

for the convenience of customers;

  • (iv)

    Settlement or payment of claims against others for loss of or damage to merchandise;

  • (v)

    Receipts from coin-operated devices which may be placed in the Market for the

convenience or amusement of customers, such as public telephones, scales, postage stamp dispensers, gum ball machines, games, changemakers and other similar devices, but not

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