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<br /> Section 4.4 Gross Sales. "Gross Sales" shall mean the following cash receipts,
<br /> , whether received by Tenant or Tenant's subtenant(s), assignees, licensees or concessionaires: all
<br /> box office receipts of the Theater (excluding admission receipts from Four Wall Deals), all
<br /> proceeds from the sale of goods, services, refreshments and merchandise in the Premises, and the
<br /> actual payments retained by Tenant in connection with Four Wall Deals. "Gross Sales" also
<br /> includes (to the extent not also provided above) the gross selling (or rental, if applicable) price of
<br /> all merchandise or services sold, leased, licensed, or delivered in or from the Premises by
<br /> Tenant, its permitted sublessees, licensees, or concessionaires, whether for cash or on credit,
<br /> including the gross amount received by reason of orders taken on the Premises although filled
<br /> elsewhere, and whether made by store personnel, or vending machines (as allowed by this
<br /> Lease). Proceeds from any transaction on an installment basis, including, without limitation, any
<br /> "lay-away" sale or like transaction, or otherwise involving the extension of credit over. a term of
<br /> 2 years or less, shall be treated as a sale for the full price at the time of the transaction,
<br />" irrespective of the time of payment of any portion of the purchase price or when title passes;,
<br /> provided that Tenant shall be allowed a credit against Gross Sales for any amounts previously
<br /> included but subsequently deemed uncollectible by Tenant (unless such amounts are later
<br /> collected by Tenant). "Gross Sales" shall also include any sums retained by Tenant from pay
<br /> telephones, vending machines and stamp machines. Notwithstanding the foregoing, however,
<br /> "Gross Sales" shall not include the following: any tax, fee, assessment or charge collected for
<br /> payment to any Governmental Authority, whether imposed by present or future federal, state or
<br /> local law; all customer refunds, credits, and adjustments; receipts from pay telephones or stamp,
<br /> vending or electronic game machines, except to the extent retained by Tenant; receipts of a
<br /> licensee under a Four Wall Deal; revenues from the slide advertising at the Theater; amounts
<br /> received from the sale of lottery tickets or similar games of chance (inclusive of other than the
<br /> sales "commission" retained by Tenant and the percentage of any winning lottery tickets given to
<br /> the ticket vendor); any receipts from the sale of VIP or gift certificates or discount cards,
<br /> provided that the actual charge will be included in Gross Sales when redeemed at the Premises;
<br /> all "Pass Admissions" including EBF (employee benefit fund) charges on "Pass Admissions;"
<br /> agency commissions paid for selling tickets and surcharges in excess of the standard ticket price
<br /> for tickets purchased over the internet or by other remote means or by the use of credit cards or
<br /> charges for the use of credit or debit cards; and any proceeds of the sale of Tenant's furnishing,
<br /> fixtures and equipment, or any sublet rents or other consideration paid to Tenant in consideration
<br /> for the subletting ofthe Premises or the assignment of this Lease.
<br /> Section 4.5 Percenta{!e Rent Payment and Statements. Tenant shall pay Percentage
<br /> Rent· within ninety (90) days following the end of each Percentage Rent Year. Together with
<br /> each payment and in any event, within ninety (90) days after the end of the applicable Percentage
<br /> Rent Year, Tenant shall submit a statement signed by a corporate officer, showing the total Gross
<br /> Sales for such Percentage Rent Year. Landlord shall not disclose this statement to any third
<br /> party without Tenant's written consent, except that Landlord may disclose such statement to
<br /> Landlord's jointventure equity investors and lender(s) with respect to the Center, subject to the
<br /> condition that such investors and/or lenders acknowledge and agree (in writing) to the non-
<br /> disclosure provisions hereof, and except for such disclosures that may be required by law or in
<br /> connection with the bona fide enforcement of Landlord's remedies under this Lease.
<br /> "
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<br /> CHG02:3091375.v8
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