I. Meaning of "gross sales" Because "the definition of the term 'gross sales' has no definitive judicial meaning" (Papa Gino's of America, Inc. v. Broadmanor Assocs. Ltd. (1985) 5 Conn.App. 532, 536-537 (Papa Gino's)) and because the parties offer two irreconcilable definitions of that term, we must decide and thereafter adopt the definition that would make the Lease "reasonable, fair and just" rather than "unusual and extraordinary." (Sayble v. Feinman (1978) 76 Cal.App.3d 509, 513.)

(Citations omitted; internal quotation marks omitted.) Papa Gino's of America v. Broadmanor Assoc., 5 Conn. App. 532, 537 (1985). To reiterate, the disputed language reads, in pertinent part, "If the Price Index at the expiration of the first full year of the term of this lease, and/or at the expiration of any subsequent full year during the term of this lease, shall be higher than the Base Index, then the rate at which minimum rent is payable hereunder for the then ensuing full year shall be increased over the initial rate specified in this Section 1.1 to the same percentage extent as such increase in the Price Index as of the expiration of the applicable full year".

The authorities cited by defendants themselves emphasize that the intention of the parties controls their agreement and must be gathered from the language of the contract in light of the facts and circumstances existing at the time of the execution of the agreement (here, the license). See Papa Gino's of America, Inc. v. Broadmanor Associates, Ltd., 5 Conn. App. 532, 500 A.2d 1341 (1985). Consequently, there must be a trial of the issue and defendant's motion for summary judgment on the contract claim must be denied without prejudice to a hearing thereon.

The request of the plaintiffs for an award of attorneys fees in connection with this litigation is denied. The plaintiffs have not demonstrated any contractual or statutory basis for the awarding of attorneys fees. Papa Gino's of American, Inc. v. Broadmanor Associates, LTD, 5 Conn.App. 532, 538. If the plaintiffs wish to be heard further with respect to attorneys fees, they should file an appropriate motion and memorandum of law on or before May 16, 2007.