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~~ ~ • <br />E~~~ 9T~4 rh~E8~4 <br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11'~ <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />be considered an Accounting Year and the last Accounting Year <br />of the renec-red Lease Term shall be from December 1, 2010, to <br />August 20, 2011. <br />~i 12. GRUSS RECEIPTS (7.159N) <br />The income u on cahich Pexcenta e Rentals uired b this Lease <br />einafter referred as "Gross Receipts , <br />shall be all the income of LESSEE, its agents, sublessees, con- <br />cessionaires, licensees or any person contracting with LESSEE, <br />derived from business operations of any kind or nature conducted <br />on or from the Joint Leasehold and shall include: <br />A. The sales price of all goods, wares, merchandise, <br />and products sold, vrhether for cash or credit, and, if <br />for credit, whether payment is actually made or not; except <br />for purposes of calculatin Percentage Rental, only the,t <br />portion of Pro Shop sales (i.e., sales of golfing supplies, <br />w alo~i3-ng, equipmen , anti'°sirnilar merchandise) which epee ds <br />~'" the average annual Pro Sho sales for LESSEE'S, 1967, <br />---.,. ._ <br />l~ and 1970 fiscal years shall. be__consdered:"""' <br />Should LESSEE choose to maintain and operate a Pro Shop <br />upon land other than the Joint Leasehold and such Pro Shop <br />provides services or facilities in any way connected with <br />the golf course operated vrithin the Joint Leasehold, the <br />income produced in such Pro Shop shall be a part of the <br />Gross Receipts as defined in this Lease and shall be used <br />" for calculating Percentage Rental, subject only to the <br />exception set forth above. <br />B. The charges made for the e or~ rendition of se~~,,.e~s <br />of any nature or kind, whatsoever, whether for cash or <br />credit, and if for credit, whether payment is actually <br />made or not; <br />C. All admissi~ entry, rental and other fees of any <br />nature or kind; - _ "~- <br />D. All sums e osited in any pay telephone or ,coin- <br />operated vending mac ne or other device regardless of <br />ownership of the telephone, machine, or device, or whether <br />such sums are removed and counted by LESSEE or by others , <br />and regardless of the percentage of said sums LESSEE <br />is entitled to receive; <br />E. The f i r r -n .a~ value of_ offce.,~;s„p~,,,~.~, her facilitie_ s <br />used by LESSEE or his employees for purposes other t, an_„ e ~~`~ <br />bus ness pu o _ _- easehold.~_leased. <br />Gross receipts shall exclude all sales and excise t x~ cps = avah`1P <br />to federal, sta e,~ county, or mun~c~pal~~goverrimen~s as a direct <br />s his Lease. e un s or goo s. e urned <br />shall be deducted from current Gross .eceipts upon return. Ba <br />debt losses shall no uc~ e rom oss eceipts. <br />13. RENTAL (8.129N) <br />LESSEE shall pay rental for use of the Leased Land during the <br />Lease Term in accordance with the following agreement: <br />A. Construction Period. No rental shall be due during <br />the Construction Period described in Clause 2 (LEASE TERP~I) . <br />-seo-~a !I _9- <br />