Does the Buns On Fire royalty fee include income related to catering services?

In consideration of this franchise granted hereby, the services to be provided by Franchisor hereunder, the right to prepare and sell the Products, to the general public, and for the use of the Marks during the term hereof and any subsequent renewals, Franchisee shall pay to Franchisor, in addition to the Initial Franchise Fee stated herein, a royalty fee equal to six percent (6%) of the gross revenue generated by, from, or through the Franchisee's Franchised Business (the "Royalty Fee").

5.3 Definition of "Gross Revenue"

For the purposes of determining the royalties to be paid hereunder, "Gross Revenue" means all revenue of the Franchise Business, including all sales of products and services to customers of the Franchise Business, including income related to catering and delivery services, and any sales or orders of food products or food preparation services provided from or related to the Franchise Business, whether for cash or credit and regardless of collection in the case of credit. In the event of a cash shortage, the amount of Gross Revenue shall be determined based on the records of the electronic cash register system and any cash shortage shall not be considered in the determination. Gross Revenue shall expressly exclude the following:

(i.) Sums representing sales taxes collected directly from customers, based upon present or future

laws of federal, state or local governments, collected by Franchisee in the operation of the Franchised Business, and any other tax, excise or duty which is levied or assessed against Franchisee by any federal, state, municipal or local authority, based on sales of specific merchandise sold at or from the Franchised Business, provided that such taxes are actually transmitted to the appropriate taxing authority;

Source: Item 23 — RECEIPTS (FDD pages 49–200)