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the partial calendar month period commencing on the 16th day of November, 1992 <br /> • through and including November 30, 1992, and each succeeding calendar month (or <br /> part thereof) thereafter.during the term of this Lease. <br /> 17. GROSS SALES. <br /> The term "gross-sales" shall mean the selling price of all merchandise <br /> or services sold or delivered in, at, on or from any part of the Leased Premises and <br /> shall include sales and charges for cash or credit, regardless of collections in the case <br /> of the latter, but shall exclude (i) returns and refunds in fact made by Lessee, (ii) <br /> exchange of merchandise between stores or warehouses of Lessee where such , <br /> exchanges are made solely for the convenient operation of Lessee's business and not i <br /> for the purposes of consummating a sale which has been made at, in, on or from the <br /> Leased Premises, (iii) the amount of any city, county, state or federal sales, luxury or <br /> excise tax on such sales which is both added to the selling price (or absorbed therein) <br /> and paid to the taxing authority by Lessee (but not by any vendor of Lessee), (iv) the <br /> selling price of merchandise delivered to Lessee at the Leased Premises for sale to <br /> the public but not yet sold to the public, (v) bad debts provided Lessee writes such <br /> bad debts off its books, NO trading stamps or other premiums distributed by Lessee. <br /> A sale shall be deemed to be made in the Leased Premises if any order therefore is <br /> secured or received.in the Leased Premises, whether or not such order is filled in the <br /> Leased Premised or elsewhere or if, pursuant to mail, telegraph, telephone or other <br /> similar means, orders are receive or filled at or from the Leased Premises. If any <br /> • part of Lessee's business shall be sublet, pursuant to the provisions of this Lease, by <br /> Lessee or conducted by any person, firm or corporation other than Lessee, then there <br /> shall be included in gross sales for the purpose of fixing the percentage rate payable <br /> hereunder all the gross sales of such other person in the same manner and with the <br /> same effect as if the business or sales of such other person had been conducted by <br /> Lessee itself. Lessee shall, during the term hereof, keep for a period of two years <br /> following the.end of each lease, year, a permanent, complete and accurate record of <br /> all sales of merchandise.or services and all revenue derived from the business <br /> conducted in the Leased Premises by Lessee and by all other persons conducting any <br /> business upon the Leased Premises. <br /> Lessee shall submit to Lessor within twenty (20) days following the end_ <br /> of each lease month a written statement in a form acceptable to Lessor signed and <br /> certified by Lessee to be a true and correct statement of the amount of gross sales <br /> during the preceding lease month and containing such other information as Lessor <br /> may reasonably request, and Lessee shall at the same time pay to Lessor the amount <br /> of percentage rent, if there be any due, as shown by said statement. <br /> Lessee will keep in an orderly manner and at a location in the <br /> Minneapolis/St. Paul metro area notice of which has been furnished to Lessor, a <br /> permanent accurate set of books and records of all purchases and sales of e <br /> -9- <br />