Common use of Late Charges Clause in Contracts

Late Charges. If any installment of Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee (i) within five (5) days after written notice from Landlord that said amount was not paid when due, or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, then Tenant shall pay to Landlord a late charge equal to six percent (6%) of the overdue amount plus any attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay Rent and/or other charges when due hereunder. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid (a) within five (5) days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, shall bear interest from the date when due until paid at a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) the highest rate permitted by applicable law.

Late Charges. If any installment of Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee (i) within five (5) days after written notice from Landlord that said amount was not paid when due, or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, then Tenant shall pay to Landlord a late charge equal to six five percent (65%) of the overdue amount plus any attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay Rent and/or other charges when due hereunder. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid within ten (a) within five (510) days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, they are due shall bear interest from the date when due until paid at a rate per annum equal to the lesser of (xi) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication Publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four two (42) percentage points, and (yii) the highest rate permitted by applicable lawApplicable Law. Notwithstanding the foregoing, before assessing a late charge or late interest the first time in any twelve (12) month period, Landlord shall provide Tenant written notice of the delinquency, and shall waive such late charge if Tenant pays such delinquency within five (5) days thereafter.

Late Charges. If any installment Monthly Debt Service Payment due hereunder is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment of Rent the Mortgage Loan in full) or any other sum due from Tenant shall Loan Document is not be received by Landlord or Landlord’s designee Lender within ten (i) within five (510) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after written notice from Landlord that said amount was not paid when due, or (ii) upon the date said such amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, then Tenant shall pay to Landlord a late charge equal to six percent (6%) inclusive of the overdue amount plus any attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay Rent and/or other charges when due hereunder. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder date on which are not paid (a) within five (5) days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said such amount is due, if Tenant has previously received one (1) or more notices from Landlord during Borrower shall pay to Lender, immediately without demand by Lender, the immediately preceding twelve (12) month period stating that Tenant failed Late Charge. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to pay Section 2.2(g). Borrower acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; Lender is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any such late payment. Default Rate. Default interest shall be paid as follows: If any amount required to be paid by Tenant under this Lease when duedue in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall bear interest accrue from the date when payment is due at the Default Rate and shall be payable upon demand by Lender. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid at and shall be payable upon demand by Lender. Absent a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited demand by Lender, any such amounts shall be payable by Borrower in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index same manner as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) provided for the highest rate payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by Lender against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. Borrower acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; Lender is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of Borrower’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date).

Late Charges. If Tenant recognizes that late payment of any installment of Base Rent or Additional Charges will result in administrative expenses to Landlord, the extent of which additional expense is extremely difficult and economically impractical to ascertain. Tenant therefore agrees that if any other sum due from Tenant shall not be received by Landlord Base Rent or Landlord’s designee Additional Charges remain unpaid three (i) within five (53) days after the date of written notice from Landlord that said Landlord, the amount was not paid when due, of such unpaid Base Rent or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required Additional Charges shall be increased by a late charge to be paid by Tenant under this Lease when due, then Tenant shall pay to Landlord a late charge by Tenant, as an Additional Charge, in an amount equal to five percent (5%) (or such greater amount not to exceed six percent (6%) as may be charged by any Mortgagee for a late payment of a monthly mortgage payment) of the overdue amount plus any attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay the delinquent Base Rent and/or other charges when due hereunder. The late charge shall be deemed or Additional Rent and the right to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any mannerCharges. In addition to the late charge described aboveaddition, any Rent outstanding Base Rent, Additional Charges, late charges and other outstanding amounts shall accrue interest at an annualized rate of the greater of 10% or other amounts owing hereunder which are not paid (a) within the “prime”, “base”, “index” or “reference” rate of Bank of America NT&SA reported in the Wall Street Journal as published on the last day of said five (5) business day period plus two percent (2%), but in no event greater than the maximum rate allowed by law (the “Default Rate”), until paid to Landlord; provided, however, that in the event that Bank of America NT&SA shall cease to establish or publish a “prime”, “base”, “index” or “reference” rate, whether so denominated or otherwise named, the Default Rate shall be determined with reference to the average of the “prime”, “base”, “index” or “reference” rate of Citibank N.A. and The Chase Manhattan Bank, N.A. (in the event either such banking institution publishes more than one such rate, the rate used shall be the highest amount so published by such banking institution) as reported in the Wall Street Journal. Notwithstanding the foregoing, Landlord shall not be required to provide such notice more than two (2) times during any two (2) year period during the Term, the late charge accruing with respect to the third such non-payment from the date which is three (3) days after written the due date of such amount without the requirement of notice from Landlord. Tenant agrees that such amount is a reasonable estimate of the loss and expense to be suffered by Landlord that said amount was as a result of such late payment by Tenant and may be charged by Landlord to defray such loss and expense. The provisions of this Paragraph 3(d) shall not paid when relieve Tenant of the obligation to pay Base Rent or Additional Charges on or before the date on which they are due, or (b) upon the date said amount is in any way affect Landlord’s remedies pursuant to Paragraph 19 [Landlord’s Remedies] if any Base Rent or Additional Charges are unpaid after they are due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, shall bear interest from the date when due until paid at a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) the highest rate permitted by applicable law.

Late Charges. If any installment of Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee (i) within five (5) days after written notice from Landlord that said amount was not paid when due, or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, then Tenant shall pay to Landlord a late charge equal to six five percent (65%) of the overdue amount plus any attorneys’ ' fees incurred by Landlord by reason of Tenant’s 's failure to pay Rent and/or other charges when due hereunder; provided, however, with regard to the first such failure in any twelve (12) month period, Landlord will waive such late charge to the extent Tenant cures such failure within five (5) business days following Tenant's receipt of written notice from Landlord that the same was not received when due. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s 's other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s 's remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid within ten (a) within five (510) days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, they are due shall bear interest from the date when due until paid at a the "Interest Rate." For purposes of this Lease, the "Interest Rate" shall be an annual rate per annum equal to the lesser of (xi) the annual “"Bank Prime Loan” " rate cited in the Federal Reserve Statistical Release publication Publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) ), plus four (4) percentage points, and (yii) the highest rate permitted by applicable law.

Late Charges. If Tenant hereby acknowledges that late payment by Tenant to Landlord of Base Monthly Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which is extremely difficult to ascertain. Such costs include but are not limited to: administrative, processing, accounting, and late charges which may be imposed on Landlord by the terms of any contract, revolving credit, mortgage, or trust deed covering the Premises. Accordingly, if any installment of Base Monthly Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s its designee (i) within five (5) days after written notice from Landlord that said amount was not paid when due, or (ii) upon the date said amount rent is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, then Tenant shall pay to Landlord a late charge equal to six percent five (65%) percent of the such overdue amount plus any attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay Rent and/or other charges when due hereunder. The amount, which late charge shall be deemed Additional Rent due and payable on the right to require it shall be same date that the overdue amount was due. The parties agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant, excluding interest and attorneys fees and costs. If any rent or other sum due from Tenant remains delinquent for a period in excess of thirty (30) days then, in addition to all such late charge, Tenant shall pay to Landlord interest on any rent that is not paid when due at the Agreed Interest Rate specified in Section 19.J following the date such amount became due until paid. Acceptance by Landlord of Landlord’s such late charge shall not constitute a waiver of Tenant's default with respect to such overdue amount nor prevent Landlord from exercising any of the other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any mannergranted hereunder. In addition the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Monthly Rent, then the Base Monthly Rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding any provision of this Lease to the late charge described above, any Rent or other amounts owing hereunder which are not paid (a) within five (5) days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, shall bear interest from the date when due until paid at a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) the highest rate permitted by applicable lawcontrary.

Late Charges. If any installment of Base Rent shall not be received by Landlord or Landlord's designee within five (5) business days after the due date therefor, then Tenant shall pay to Landlord a fixed late charge equal to [***] plus any attorneys' fees (if any) incurred by Landlord by reason of Tenant's failure to pay such Base Rent; provided, however, that for the first three (3) months of the Lease Term following the expiration of the [***] [***] Confidential portions of this document have been redacted and filed separately with the Commission. [***] Landlord shall waive the imposition of such late charge during such [***] month period. If any installment of Rent (other than Base Rent) or any other sum due from Tenant shall not be received by Landlord or Landlord’s landlords designee within fifteen (i) within five (515) days after written notice from Landlord that said amount was not paid when due, or (ii) upon the due date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when duetherefor, then Tenant shall pay to Landlord a late charge equal to six [***] percent (6[***]%) of the overdue amount due plus any attorneys’ ' fees incurred by Landlord by reason of Tenant’s Tenants failure to pay such Rent and/or (other than Base Rent) or other charges when due hereunder. The foregoing late charge charges shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s Landlords other rights and remedies hereunder or hereunder, at law and/or in equity and shall not be construed as liquidated damages or as limiting Landlord’s 's remedies in any manner. Notwithstanding the above (and in addition to the waiving of any late charge by reason of Tenants failure to pay Base Rent during the first three (3) months following the Base Rent Abatement Period described above), no late charge or interest will be assessed for the [***] late payment of Rent or any other sum due from Tenant in any [***] during the Lease Term (including the Option Terms, if applicable). In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid (a) within five (5) days after written notice from Landlord that said amount was not paid when due, or (b) upon by the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, they am due shall thereafter bear interest from the date when due until paid at a rate per annum (the "Interest Rate") equal to the lesser of (xi) the annual “"Prime Rate" or "Reference Rate" announced from time to time by Xxxxxx Xxxxx Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other reasonable comparable index national banking institution as selected by Landlord and Tenant shall reasonably agree upon if such rate in the event JPMorgan Chase Bank ceases to be published) exist or publish a Prime Rate or Reference Rate), plus four [***] percent (4) percentage points[***]%), and or (yii) the highest rate permitted by applicable lawLaws.

Late Charges. If any installment of Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee (i) when due, unless such failure is cured within five (5) business days after written receipt of notice from Landlord that said amount was provided, however, Landlord shall not paid when due, or be required to give written notice more than two times in any twelve month period (ii) upon after which the date said amount is due, late charge shall be due without the requirement of notice if Tenant has previously received two (2) fails to make such payments on or more notices from Landlord during before the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when duedue date), then Tenant shall pay to Landlord a late charge equal to six five percent (65%) of the overdue amount plus any attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay Rent and/or other charges when due hereunderamount. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid (a) within five (5) business days after following the due date for Base Rent, or within five (5) business days following written notice from Landlord that said such amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant due for Additional Rent and other sums which may become due under this Lease when due, shall bear interest from the date when due until paid at a an annual interest rate per annum equal to the lesser of Prime Rate (x) as stated under the annual column “Bank Prime LoanMoney Rates” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be publishedTHE WALL STREET JOURNAL) plus four percent (4) percentage points%); provided, and (y) however, in no event shall such annual interest rate exceed the highest annual interest rate permitted by applicable lawApplicable Law.

Late Charges. If any installment of Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee (i) within five (5) days after written notice from Landlord that said amount was not paid when due, or (ii) upon of the due date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when duetherefor, then Tenant shall pay to Landlord a late charge equal to six five percent (65%) of the overdue amount due plus any reasonable attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay Rent and/or other charges when due hereunder. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or hereunder, at law and/or in equity and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid (a) within five (5) days after written notice from Landlord that said amount was not paid when due, or (b) upon by the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, they are due shall thereafter bear interest from the date when due until paid at a rate per annum (the “Interest Rate”) equal to the lesser of (xi) the annual “Prime Rate” or “Reference Rate” announced from time to time by the Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly of America (or such other reasonable comparable index national banking institution as selected by Landlord and Tenant shall reasonably agree upon if such rate in the event Bank of America ceases to be published) exist or publish a Prime Rate or Reference Rate), plus four percent (4) percentage points%), and or (yii) the highest rate permitted by applicable law. Notwithstanding the foregoing, before assessing a late charge or interest the first time in any one (1) year period, Landlord shall provide Tenant written notice of the delinquency, and shall waive such late charge if Tenant pays such delinquency within five (5) days thereafter.

Late Charges. If Tenant hereby acknowledges that late payment by Tenant to Landlord of Base Monthly Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which is extremely difficult to ascertain. Such costs include but are not limited to: administrative, processing, accounting, and late charges which may be imposed on Landlord by the terms of any contract, revolving credit, mortgage, or trust deed covering the Premises. Accordingly, if any installment of Base Monthly Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s its designee (i) within five (5) days after written notice from Landlord that said amount was not paid when due, or (ii) upon the date said amount rent is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, then Tenant shall pay to Landlord a late charge equal to six percent five (65%) percent of the such overdue amount plus any attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay Rent and/or other charges when due hereunder. The amount, which late charge shall be deemed Additional Rent due and payable on the right to require it same date that the overdue amount was due. The foregoing notwithstanding, Tenant shall be granted one exception per calendar year when Base Monthly Rent may be received by Landlord up to ten (10) days after notice to Tenant that such Base Monthly Rent is past due before Tenant incurs the 5% late charge. The parties agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant, excluding interest and attorneys fees and costs. If any rent or other sum due from Tenant remains delinquent for a period in excess of thirty (30) days then, in addition to all such late charge, Tenant shall pay to Landlord interest on any rent that is not paid when due at the Agreed Interest Rate specified in Section 19.J and calculated from the date thirty (30) days following the date such amount became due until the date such rent is paid. Acceptance by Landlord of Landlord’s such late charge shall not constitute a waiver of Tenant's default with respect to such overdue amount nor prevent Landlord from exercising any of the other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any mannergranted hereunder. In addition the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Monthly Rent, then the Base Monthly Rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding any provision of this Lease to the late charge described above, any Rent or other amounts owing hereunder which are not paid (a) within five (5) days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, shall bear interest from the date when due until paid at a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) the highest rate permitted by applicable lawcontrary.

Late Charges. If any installment of Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee (i) within five (5) business days after written notice from Landlord that said amount was not paid when due, or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, then Tenant shall pay to Landlord a late charge equal to six three percent (63%) of the overdue amount plus any attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay Rent and/or other charges when due hereunder; notwithstanding the foregoing to the contrary, Tenant shall be entitled to notice of non-payment and a five (5) business day grace period prior to the imposition of such late charge on the first (1st) occasion in any Lease Year in which any installment of Rent is not timely paid by Tenant. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid within ten (a) within five (510) days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, they are due shall bear interest from the date when due until paid at a rate (the “Interest Rate”) per annum equal to the lesser of (xi) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication Publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (yii) the highest rate permitted by applicable law.Applicable LawS.

Late Charges. If Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges. Accordingly, if any installment of Rent rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee (i) within five (5) 10 days after written notice from Landlord that said such amount was not paid when shall be due, or (ii) upon the date said amount is duethen, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed without any requirement for notice to pay any amount required to be paid by Tenant under this Lease when dueTenant, then Tenant shall pay to Landlord a late charge equal to six percent (6%) 5% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the overdue amount plus any attorneys’ fees incurred by costs Landlord will incur by reason of late payment by Tenant’s failure to pay Rent and/or other charges when due hereunder. The Acceptance of such late charge by Landlord shall be deemed Additional Rent and in no event constitute a waiver of Tenant's Default with respect to such overdue amount, nor prevent Landlord from exercising any of the right to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any mannergranted hereunder. In addition to the late charge described aboveNOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LEASE, any Rent or other amounts owing hereunder which are not paid IF TENANT IS DELINQUENT IN THE PAYMENT OF RENT AND IS SUBJECT TO A LATE CHARGE OR INTEREST FEE, LANDLORD AGREES TO WAIVE THE LATE CHARGE OR INTEREST FEE IF (ai) within five TENANT HAS NOT BEEN LATE IN ITS PAYMENT OF RENT DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE RENT DELINQUENCY IN QUESTION AND (ii) THE RENT DUE IS PAID WITHIN FIVE (5) days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, shall bear interest from the date when due until paid at a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) the highest rate permitted by applicable lawDAYS OF LANDLORD'S WRITTEN NOTICE TO THE TENANT OF THE DELINQUENCY AMOUNT OWED.

Late Charges. If any installment of Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee (i) within five (5) business days after written notice from Landlord that said amount was not paid when due, or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, then Tenant shall pay to Landlord a late charge equal to six three percent (63%) of the overdue amount plus any attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay Rent and/or other charges when due hereunder; notwithstanding the foregoing to the contrary, Tenant shall be entitled to notice of non-payment and a five (5) business day grace period prior to the imposition of such late charge on the first (1st) occasion in any Lease Year in which any installment of Rent is not timely paid by Tenant. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid within ten (a) within five (510) days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, they are due shall bear interest from the date when due until paid at a rate (the “Interest Rate”) per annum equal to the lesser of (xi) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication Publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (yii) the highest rate permitted by applicable lawApplicable Laws.

Late Charges. If Any and all sums or charges set forth in this Section 8 are considered part of Additional Rent. Tenant acknowledges that late payment (the second day of each month or any time thereafter) by Tenant to Landlord of Base Rent, Tenant's Share of Increased Operating Expenses, Increased Tax Expenses, Common Area Utility Costs, and Utility Expenses, Administrative Expenses or other sums due hereunder, will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impracticable to fix. Such costs include, without limitation, processing and accounting charges, and late charges that may be imposed on Landlord by the terms of any note secured by any encumbrance against the Premises, and late charges and penalties due to the late payment of real property taxes on the Premises. Therefore, if any installment of Rent or any other sum due from Tenant shall is not be received by Landlord or Landlord’s designee (i) within five (5) days after written notice from Landlord that said amount was not paid when due, or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, then Tenant shall promptly pay to Landlord all of the following, as applicable: (a) an additional sum equal to ten percent (10%) of such delinquent amount plus interest on such delinquent amount at the rate equal to the prime rate plus three percent (3%) for the time period such payments are delinquent as a late charge equal for every month or portion thereof that such sums remain unpaid, (b) the amount of seventy-five dollars ($75) for each three-day notice prepared for, or served on, Tenant, (c) the amount of fifty dollars ($50) relating to six percent (6%) checks for which there are not sufficient funds. If Tenant delivers to Landlord a check for which there are not sufficient funds, Landlord may, at its sole option, require Tenant to replace such check with a cashier's check for the amount of such check and all other charges payable hereunder. The parties agree that this late charge and the other charges referenced above represent a fair and reasonable estimate of the overdue amount plus any attorneys’ fees incurred by costs that Landlord will incur by reason of late payment by Tenant’s failure to pay Rent and/or . Acceptance of any late charge or other charges when due hereunder. The late charge shall be deemed Additional Rent and not constitute a waiver by Landlord of Tenant's default with respect to the right to require it shall be in addition to all delinquent amount, nor prevent Landlord from exercising any of Landlord’s the other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in available to Landlord for any mannerother breach of Tenant under this Lease. In addition to the If a late charge described above, any Rent or other amounts owing hereunder which are not paid charge becomes payable for any three (a3) installments of Rent within five (5) days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding any twelve (12) month period stating that Tenant failed to pay any amount required to period, then Landlord, at Landlord's sole option, can either require the Rent be paid quarterly in advance, or be paid monthly in advance by Tenant under this Lease when due, shall bear interest from the date when due until paid at a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly (cashier's check or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) the highest rate permitted by applicable lawelectronic funds transfer.

Late Charges. If Tenant hereby acknowledges that late payment by Tenant to Landlord of Base Monthly Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which is extremely difficult to ascertain. Such costs include but are not limited to: administrative, processing, accounting, and late charges which may be imposed on Landlord by the terms of any contract, revolving credit agreement, mortgage, or trust deed covering the Premises. Accordingly, if any installment of Base Monthly Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s its designee (i) within five (5) days after receipt of written notice to Tenant from Landlord that said amount was not paid when due, or (ii) upon the date said amount such sum is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when dueoverdue, then Tenant shall pay to Landlord a late charge equal to six percent five (65%) percent of the such overdue amount plus any attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay Rent and/or other charges when due hereunder. The amount, which late charge shall be deemed Additional due and payable on the same date that the overdue amount was due. The parties agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant, excluding interest and attorneys fees and costs. If any Base Monthly Rent and the right to require it shall be or other sum due from Tenant remains delinquent for a period in excess of thirty (30) days then, in addition to all such late charge, Tenant shall pay to Landlord interest on any rent that is not paid when due at the Agreed Interest Rate specified in Section 19.J following the date such amount became due until paid. Acceptance by Landlord of Landlord’s such late charge shall not constitute a waiver of Tenant's default with respect to such overdue amount nor prevent Landlord from exercising any of the other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any mannergranted hereunder. In addition to the event that a late charge described aboveis payable hereunder, any Rent whether or other amounts owing hereunder which are not paid (a) within five (5) days after written notice from Landlord that said amount was not paid when duecollected, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, shall bear interest from the date when due until paid at a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus for four (4) percentage pointsconsecutive installments of Base Monthly Rent, then the Base Monthly Rent shall automatically become due and (y) payable quarterly in advance, rather than monthly, notwithstanding any provision of this Lease to the highest rate permitted by applicable lawcontrary.

Late Charges. If any installment Monthly Debt Service Payment due hereunder is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment of Rent the Mortgage Loan in full) or any other sum due from Tenant shall Loan Document is not be received by Landlord or Landlord’s designee Lender within ten (i) within five (510) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after written notice from Landlord that said amount was not paid when due, or (ii) upon the date said such amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, then Tenant shall pay to Landlord a late charge equal to six percent (6%) inclusive of the overdue amount plus any attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay Rent and/or other charges when due hereunder. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder date on which are not paid (a) within five (5) days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said such amount is due, if Tenant has previously received one (1) or more notices from Landlord during Borrower shall pay to Lender, immediately without demand by Xxxxxx, the immediately preceding twelve (12) month period stating that Tenant failed Late Charge. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to pay Section 2.02(d). Xxxxxxxx acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; Xxxxxx is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any such late payment. Default Rate. Default interest shall be paid as follows: If any amount required to be paid by Tenant under this Lease when duedue in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall bear interest accrue from the date when payment is due at the Default Rate and shall be payable upon demand by Xxxxxx. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid at and shall be payable upon demand by Lender. Absent a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited demand by Lender, any such amounts shall be payable by Borrower in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index same manner as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) provided for the highest rate payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by Xxxxxx against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. Xxxxxxxx acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Xxxxxx’s risk of nonpayment of the Mortgage Loan will be materially increased; Xxxxxx’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; Xxxxxx is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of Xxxxxxxx’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date).

Late Charges. If Tenant fails to pay, when the same is due and payable, any Rent, Additional Rent or Other Charges, such unpaid amounts shall bear interest at the rate of two percent (2%) per month from the date due to the date of payment, unless such amount would violate any applicable usury law, in which event such unpaid amounts shall bear interest at the highest rate then allowed by law. In addition to such interest, Tenant acknowledges that the late payment by Tenant of any installment of Rent, Additional Rent or Other Charges will cause Landlord to incur certain costs and expenses not contemplated under this Lease, the exact amount of such costs being extremely difficult or impractical to fix. Such costs and expenses will include, without limitation, administrative and collection costs, and processing and accounting expenses. Therefore, if any other sum due from Tenant shall Rent, Additional Rent or Other Charge installment is not be received by Landlord or Landlord’s designee from Tenant by the fifth (i5th) within five (5) days day after written notice from Landlord that said amount was not paid when due, or (ii) upon the date said amount such installment is due, if Tenant has previously received two (2) or more notices from Landlord during shall immediately pay to Landlord, in addition to the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when installment due, then Tenant shall pay to Landlord a late charge equal to six twelve percent (612%) of the overdue amount plus any attorneys’ fees incurred such installment. Landlord and Tenant agree that this late charge represents a reasonable estimate of such costs and expenses and is fair compensation to Landlord for its loss and expense suffered by Landlord such nonpayment by reason Tenant. Acceptance of this late charge shall not constitute a waiver of Tenant’s failure default with respect to pay Rent and/or other charges when due hereunder. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to such nonpayment by Tenant nor prevent Landlord from exercising all of Landlord’s other rights and remedies hereunder or at law available to Landlord under this Lease. Landlord shall apply payments made by Tenant fast to accrued charges, interest and shall not be construed as liquidated damages or as limiting Landlord’s remedies rent in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid following order: (a) within five (5) days after written notice from Landlord that said amount was not paid when due, or Late Charges; (b) upon interest; (c) Rent; Other Charges and Additional Rent; and (d) any balance remaining to current Rent, Other Charges, and Additional Rent. Notwithstanding anything in this Section 7 to the date said amount is duecontrary, if provided Tenant has previously received one pays all sums due hereunder by electronic funds transfer, Landlord shall waive the first (11st) or more notices from Landlord late charge that may be incurred by Tenant during the immediately preceding any twelve (12) month period stating that Tenant failed to pay any during the Lease Term, provided the unpaid amount required to be is in fact paid in full by Tenant under this Lease when on or before the fifteenth (15th) day of the month in which any such payment is due, shall bear interest from the date when due until paid at a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) the highest rate permitted by applicable law.

Late Charges. If any installment of Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee (i) within five (5) days after written notice from Landlord that said amount was not paid when due, or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, then Tenant shall pay to Landlord a late charge equal to six five percent (65%) of the overdue amount plus any attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay Rent and/or other charges when due hereunder. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid within ten (a) within five (510) days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, they are due shall bear interest from the date when due until paid at a rate per annum equal to the lesser of (xi) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519Publication G.13(415), published weekly on the first Tuesday of each calendar month (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (yii) the highest rate permitted by applicable law. Notwithstanding the foregoing, before assessing a late charge or interest for the first time in any one (‘1) year period, Landlord shall provide Tenant written notice of the delinquency, and shall waive such late charge and interest if Tenant pays such delinquency within five (5) days thereafter.

Late Charges. If In the event that payment of any installment of Rent rent or any other sum of money due from Tenant under this Lease shall not be received by Landlord or Landlord’s designee become overdue for ten (i10) within five (5) calendar days after written notice from Landlord beyond the date on which said sums of money are due and payable, the Service Fee (defined below) will be due and payable immediately by Tenant to Landlord. For purposes hereof the Service Fee shall equal five percent (5%) of the particular payment not timely made; provided that said amount was not paid in the case of the failure of Tenant to pay any rent or other sum of money beyond the 10th day following the date when due, Tenant shall also be liable a late charge at the lesser of (i) sixteen percent (16%) per annum or (ii) upon the maximum per annum rate of interest permitted from time to time under applicable law, accruing from the date said amount is the payment was originally due, if Tenant has previously received two (2) or more notices from Landlord during the . The sums so overdue shall become immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid due and payable by Tenant under this Lease when due, then Tenant shall pay to Landlord a as and for liquidated damages for Tenant's failure to make prompt payment of said sums, and the full amount of late charge equal to six percent (6%) charges shall be payable by Tenant on demand. In the event of the overdue amount plus non-payment for any attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay Rent and/or other any such late charges when due hereunder. The late charge shall be deemed Additional Rent and the right to require it shall be or any part thereof, Landlord, in addition to all of Landlord’s other rights and remedies, which it may have, shall have all the rights and remedies provided for herein and by law as in the case of non-payment of rent. No failure by Landlord to insist upon the strict performance by Tenant of Tenant's obligations hereunder or at law to pay late charges shall constitute a waiver by Landlord of its right to enforce the provisions of this subparagraph and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition way to extend the late charge described above, any Rent or other amounts owing hereunder which are not paid (a) within five (5) days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under periods for default as provided for in this Lease when due, shall bear interest from the date when due until paid at a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) the highest rate permitted by applicable lawLease.

Late Charges. If any installment of Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee (i) within five (5) business days after written notice from Landlord that said amount was not paid when due, or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, then Tenant shall pay to Landlord a late charge equal to six five percent (65%) of the overdue amount plus any attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay Rent and/or other charges when due hereunder. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid within ten (a) within five (510) days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, they are due shall bear interest from the date when due until paid at a rate (the “Interest Rate”) per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) the highest rate permitted by applicable law. Notwithstanding the foregoing, the late charge referenced above shall not be charged with respect to the first occurrence (but may be charged with respect to any subsequent occurrence) during any twelve (12) month period that Tenant fails to make payment when due, until five (5) business days after Landlord delivers written notice of such delinquency to Tenant.

Late Charges. Tenant's failure to promptly pay sums due under this Lease may cause Landlord to incur unanticipated costs. The exact amount of those costs is impractical or extremely difficult to ascertain. The costs may include, but are not limited to, processing and accounting charges and late charges which may be imposed on Landlord by any ground Lease or deed of trust encumbering the Demised Premises. Payments due to Landlord under this Lease are not an extension of credit. Therefore, if any payment under the Lease is not actually received on or before the due date (and not merely deposited in the mail), Landlord may, at Landlord's option and to the extent allowed by applicable law, impose a Late Charge on any late payments in an amount equal to one-half of one percent (0.5%) of the amount of the past due payment (the "Late Charge") per day for each day after the due date. until the past due amount in Good Funds is received by Landlord, up to a maximum of two percent (2%) of the past due amount. A Late Charge may be imposed only once on each past due payment. Any Late Charge will be in addition to Landlord's other remedies for nonpayment of rent. If any installment of Rent or any other sum due from Tenant shall not be received by check tendered to Landlord or Landlord’s designee (i) within five (5) days after written notice from Landlord that said amount was not paid when due, or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when dueis dishonored for any reason, then Tenant shall pay to Landlord the party receiving payments under this Lease a late charge equal to six percent fee of twenty-five dollars (6%$25.00), plus (at Landlord's option) a Late Charge as provided above until good funds are received by Landlord. The parties agree that any Late Charge and dishonored check fee represent a fair and reasonable estimate of the overdue amount plus any attorneys’ fees incurred by costs Landlord will incur by reason of Tenant’s failure the late payment or dishonored check. Payments received from Tenant shall be applied first to any base rent, second to late charges, and last to other unpaid charges or reimbursements due to Landlord. Notwithstanding the foregoing, Landlord will not impose a Late Charge as to the first late payment in any calendar year, unless Tenant fails to pay Rent and/or other charges when due hereunder. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid payment to Landlord within three (a3) within five (5) business days after the delivery of a written notice from Landlord that said amount was not paid when dueto Tenant demanding the late payment be paid. However, or (b) upon the date said amount is due, if Landlord may impose a Late Charge without advance notice to Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay on any amount required to be paid by Tenant under this Lease when due, shall bear interest from the date when due until paid at a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited subsequent late payment in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) the highest rate permitted by applicable lawsame calendar year.

Late Charges. If any installment of Rent or any other sum due from Tenant shall Any amount not be received by Landlord or Landlord’s designee (i) within five (5) days after written notice from Landlord that said amount was not paid when due, or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under after its due date, in accordance with the terms of this Lease when due, then Tenant shall pay to Landlord a late charge equal to six percent (6%) of the overdue amount plus any attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay Rent and/or other charges when due hereunder. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid (a) within five (5) days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when dueLease, shall bear interest from the such due date when due until paid in full at a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (ya) the highest rate permitted by applicable law or (b) the Prime Rate (as reported in the Wall Street Journal) of interest (“Prime Rate”) plus ten percent (10%) per annum. It is expressly the intent of Landlord and Tenant at all times to comply with applicable law governing the maximum rate or amount of any interest payable on or in connection with this Lease. If applicable law is ever judicially interpreted so as to render usurious any interest called for under this Lease, or contracted for, charged, taken, reserved, or received with respect to this Lease, then it is Landlord’s and Tenant’s express intent that all excess amounts theretofore collected by Landlord be credited on the applicable obligation (or, if the obligation has been or would thereby be paid in full, refunded to Tenant), and the provisions of this Lease immediately shall be deemed reformed and the amounts thereafter collectible hereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder. Landlord, in addition to all other rights and remedies available to it, may charge Tenant a fee equal to five percent (5%) of the delinquent payment to reimburse Landlord for its cost and inconvenience incurred as a consequence of Tenant’s delinquency. Notwithstanding anything contained in the foregoing to the contrary, Landlord hereby agrees that for the first occurrence of a late payment of Base Rent by Tenant hereunder within any consecutive twelve (12) month period, Tenant shall not be obligated for the payment of Default Interest or the late charge described herein unless and until such amounts remain outstanding ten (10) days after Tenant’s receipt of written notice from Landlord that such amounts are or were due and payable. If the amounts due are not paid within ten (10) days after Tenant’s receipt of written notice, Default Interest shall begin accruing on the date the amount was originally due and payable.

Late Charges. If Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee (i) designated agent within five (5) days after written notice from Landlord that said amount was not paid when due, or (ii) upon the date said such amount is duedue and owing, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, then Tenant shall pay to Landlord a late charge equal to six five percent (65%) of the such overdue amount plus each time a late charge is payable during the Lease Term. Notwithstanding the above, on three occasions during the Lease Term (as it may be extended) but not more than once every twelve (12) months during the Lease Term, Tenant shall be entitled to written notice of non-receipt of Rent from Landlord, and Tenant shall not be liable for any attorneys’ fees incurred late charge, interest or other late fee hereunder if such Rent is received by Landlord within three (3) business days after Tenant’s receipt of such written notice from Landlord. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s failure default with respect to pay such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Rent, then Rent and/or shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Section 4.01 or any other charges when due hereunderprovision of this Lease to the contrary. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid (a) within five (5) days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, shall bear interest from the date when due until paid at a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) the highest rate permitted by applicable law.

Late Charges. If any installment of Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee (i) within five (5) days after written notice from Landlord that said amount was not paid when due, or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed Permittee should fail to pay any amount required under this Agreement when due to the Port Authority including without limit any payment of any Minimum Fee or Variable Fee or any payment of utility or other charges or if any such amount is found to be paid due as the result of ah audit, then, in such event, the Port Authority may impose (by Tenant under this Lease when duestatement, then Tenant shall pay to Landlord xxxx or otherwise) a late charge with respect to each such unpaid amount for each late charge period (described below) during the entirety of which such amount remains unpaid, each such late charge not to exceed an amount equal to six eight-tenths of one percent of such unpaid amount for each late charge period. There shall be twenty-four late charge periods on a calendar year basis; each late charge period shall be for a period of at least fifteen (6%I5) calendar days except one late charge period each calendar year may be for a period of less than fifteen (but not less than thirteen) calendar days. Without limiting the generality of the overdue foregoing, late charge periods in the case of amounts found to have been owing to the Port Authority as the result of Port Authority audit findings shall consist of each late charge period following the date any unpaid amount plus any attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay Rent and/or other charges when due hereundershould have been paid under this Agreement. The Each late charge shall be payable immediately upon demand made at any time therefor by the Port Authority. No acceptance by the Port Authority of payment of any unpaid amount or of any unpaid late charge amount shall be deemed Additional Rent and a waiver of the right of the Port Authority to require it payment of any late charge or late charges payable under the provisions of this Section with respect to such unpaid amount. Each late charge shall be recoverable by the Port Authority in addition to all the same manner and with like remedies as if it were originally a part of Landlord’s other rights and remedies hereunder the fee payments set forth in Section 4. Nothing in this Section is intended to, or at law and shall not be construed as liquidated damages deem to, affect, alter, modify or as limiting Landlord’s remedies diminish in any mannerway (i) any rights of the Port Authority under this Agreement, including without CONFIDENTIAL TREATMENT REQUESTED limitation, the Port Authority’s rights set forth in Section 17 or (ii) any obligations of the Permittee under this Agreement. In addition to the event that any late charge described aboveimposed pursuant to this Section shall exceed a legal maximum applicable to such late charge, any Rent or other amounts owing hereunder which are not paid (a) within five (5) days after written notice from Landlord that said amount was not paid when duethen, or (b) upon the date said amount is duein such event, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant each such late charge payable under this Lease when due, Agreement shall bear interest from the date when due until paid be payable instead at a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) the highest rate permitted by applicable lawlegal maximum.

Late Charges. If any installment of Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee (i) within five (5) days after written notice from Landlord that said amount was not paid when due, or (ii) upon of the due date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when duetherefor, then Tenant shall pay to Landlord a late charge equal to six five percent (65%) of the overdue amount due plus any attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay Rent and/or other charges when due hereunder. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or hereunder, at law and/or in equity and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid (a) within five (5) days after written notice from Landlord that said amount was not paid when due, or (b) upon by the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, they are due shall thereafter bear interest from the date when due until paid at a rate per annum (the “Interest Rate”) equal to the lesser of (xi) the annual “Prime Rate” or “Reference Rate” announced from time to time by the Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly of America (or such other reasonable comparable index national banking institution as selected by Landlord and Tenant shall reasonably agree upon if such rate in the event Bank of America ceases to be published) exist or publish a Prime Rate or Reference Rate), plus four percent (4) percentage points%), and or (yii) the highest rate permitted by applicable law. Notwithstanding the foregoing, before assessing a late charge or interest the first time in any one (1) year period, Landlord shall provide Tenant written notice of the delinquency, and shall waive such late charge if Tenant pays such delinquency within five (5) days thereafter.

Late Charges. If any installment of Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee (i) within five (5) days after written notice from Landlord that said amount was not paid when due, or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, then Tenant shall pay to Landlord a late charge equal to six five percent (65%) of the overdue amount plus any attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay Rent and/or other charges when due hereunder; provided, however, with regard to the first such failure in any twelve (12) month period, Landlord will waive such late charge to the extent Tenant cures such failure within three (3) days following Tenant’s receipt of written notice from Landlord that the same was not received when due. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid within ten (a) within five (510) days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, they are due shall bear interest from the date when due until paid at a the “Interest Rate.” For purposes of this Lease, the “Interest Rate” shall be an annual rate per annum equal to the lesser of (xi) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication Publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) ), plus four two (42) percentage points, and (yii) the highest rate permitted by applicable law.

Late Charges. If any installment Tenant acknowledges that the late payment of Rent or will cause Landlord to incur damages, the exact amount of which would be impractical and extremely difficult to ascertain. Such damages may include, without limitation, processing, accounting, and other administrative costs, loss of use of the overdue funds, and late charges that may be imposed on Landlord by the terms of any other sum due from encumbrance and note secured by any encumbrance covering the Premises. Landlord and Tenant shall agree that if Landlord does not be received by Landlord or Landlord’s designee receive a payment of Rent within ten (i) within five (510) days after written notice from Landlord that said amount was not paid when such payment becomes due, or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, then Tenant shall pay to Landlord a late charge in an amount equal to six three percent (63%) of such overdue Rent. Notwithstanding the overdue amount plus foregoing, such late charge shall not be assessed if all of the following conditions shall apply: (a) the late payment is made within ten (10) days after Landlord’s written notice of delinquent payment and (b) Landlord shall not, during the 365-day period immediately preceding the due date of such late payment, have delivered to Tenant written notice of more than one (1) then delinquent payment of Minimum Monthly Rent or more than two (2) other delinquent payments of Rent (other than Minimum Monthly Rent). In addition to the provisions set forth in Section 23 of this Lease and in Section 50 of this Lease, except that Tenant shall have no obligation to pay to Landlord interest on interest, if Landlord does not receive a payment of Rent within thirty (30) days after such payment becomes due, Tenant shall pay to Landlord additional late charges computed at the interest rate of ten percent (10%) per annum or, if lower, the maximum interest rate allowed by law (the “Interest Rate”). Landlord agrees that any attorneys’ fees incurred payments due from Landlord to Tenant that are not received by Tenant within thirty (30) days after such payment becomes due shall bear interest at the Interest Rate until paid. Such interest shall begin to accrue as of such 30th day after such Rent payment became due. The parties agree that such late charges represent a fair and reasonable estimate of the cost that Landlord will incur by reason of late payment by Tenant. Acceptance of any late charge by Landlord shall not cure or waive Tenant’s default nor prevent Landlord from exercising, before or after such acceptance, any of the rights and remedies for a default provided by this Lease or at law. Tenant shall be liable for late charges regardless of whether Tenant’s failure to pay the Rent and/or other charges when due hereunder. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all constitutes an Event of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid (a) within five (5) days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant Default under this Lease when due, shall bear interest from the date when due until paid at a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) the highest rate permitted by applicable lawLease.

Late Charges. If Any and all sums or charges set forth in this Section 8 are considered part of Additional Rent. Tenant acknowledges that late payment (the second day after Landlord's delivery of written notice that any sum has not been paid when due or any time thereafter) by Tenant to Landlord of Base Rent, Tenant's Share of Operating Expenses, Tax Expenses, Common Area Utility Costs, and Utility Expenses or other sums due hereunder, will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impracticable to fix. Such costs include, without limitation, processing and accounting charges, and late charges that may be imposed on Landlord by the terms of any note secured by any encumbrance against the Premises, and late charges and penalties due to the late payment of real property taxes on the Premises. Therefore, if any installment of Rent or any other sum due from Tenant shall is not be received by Landlord or Landlord’s designee (i) within five (5) days after written notice from Landlord that said amount was not paid when due, or (ii) upon the date said amount is due, if Tenant has previously received two (2) days after Landlord's delivery of written notice that such sum is otherwise due, Tenant shall promptly pay to Landlord all of the following, as applicable: (a) an additional sum equal to seven percent (7%) of such delinquent amount as a late charge for every month or more notices from Landlord during portion thereof that such sums remain unpaid, and (b) the immediately preceding twenty-four amount of fifty dollars (24$50) month period stating that Tenant failed relating to pay any amount checks for which there are not sufficient funds; provided, however, the foregoing late charges shall only be required to be paid by Tenant under if Tenant has been late in making such payments more than three (3) times during the Term of this Lease when due, then Lease. If Tenant shall pay delivers to Landlord a check for which there are not sufficient funds, Landlord may, at its sole option, require Tenant to replace such check with a cashier's check for the amount of such check and all other charges payable hereunder. The parties agree that this late charge equal to six percent (6%) and the other charges referenced above represent a fair and reasonable estimate of the overdue amount plus any attorneys’ fees incurred by costs that Landlord will incur by reason of late payment by Tenant’s failure to pay Rent and/or . Acceptance of any late charge or other charges when due hereunder. The late charge shall be deemed Additional Rent and not constitute a waiver by Landlord of Tenant's default with respect to the right to require it shall be in addition to all delinquent amount, nor prevent Landlord from exercising any of Landlord’s the other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in available to Landlord for any mannerother breach of Tenant under this Lease. In addition to the If a late charge described above, any Rent or other amounts owing hereunder which are not paid charge becomes payable for any three (a3) installments of Rent within five (5) days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding any twelve (12) month period stating that Tenant failed to pay any amount required to period, then Landlord, at Landlord's sole option, can either require the Rent be paid quarterly in advance, or be paid monthly in advance by Tenant under this Lease when due, shall bear interest from the date when due until paid at a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly (cashier's check or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) the highest rate permitted by applicable lawelectronic funds transfer.

Late Charges. If any installment of Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee (i) when due, unless such failure is cured within five (5) business days after written receipt of notice from Landlord that said amount was provided, however, Landlord shall not paid when due, or be required to give written notice more than two times in any twelve month period (ii) upon after which the date said amount is due, late charge shall be due without the requirement of notice if Tenant has previously received two (2) fails to make such payments on or more notices from Landlord during before the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when duedue date), then Tenant shall pay to Landlord a late charge equal to six five percent (65%) of the overdue amount plus any attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay Rent and/or other charges when due hereunderamount. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s 's other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s 's remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid (a) within five (5) business days after following the due date for Base Rent, or within five (5) business days following written notice from Landlord that said such amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant due for Additional Rent and other sums which may become due under this Lease when due, shall bear interest from the date when due until paid at a an annual interest rate per annum equal to the lesser of Prime Rate (x) as stated under the annual “Bank Prime Loan” rate cited column "Money Rates" in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be publishedTHE WALL STREET JOURNAL) plus four percent (4) percentage points%); provided, and (y) however, in no event shall such annual interest rate exceed the highest annual interest rate permitted by applicable lawApplicable Law.

Late Charges. If Tenant fails to pay, when the same is due and payable, any Rent, Additional Rent or Other Charges, such unpaid amounts shall bear interest at the rate of two percent (2%) per month from the date due to the date of payment, unless such amount would violate any applicable usury law, in which event such unpaid amounts shall bear interest at the highest rate then allowed by law. In addition to such interest, Tenant acknowledges that the late payment by Tenant of any installment of Rent, Additional Rent or Other Charges will cause Landlord to incur certain costs and expenses not contemplated under this Lease, the exact amount of such costs being extremely difficult or impractical to fix. Such costs and expenses will include, without limitation, administrative and collection costs, and processing and accounting expenses. Therefore, if any other sum due from Tenant shall Rent, Additional Rent or Other Charge installment is not be received by Landlord or Landlord’s designee from Tenant by the fifth (i5th) within five (5) days day after written notice from Landlord that said amount was not paid when due, or (ii) upon the date said amount such installment is due, if Tenant has previously received two (2) or more notices from Landlord during shall immediately pay to Landlord, in addition to the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when installment due, then Tenant shall pay to Landlord a late charge equal to six twelve percent (612%) of the overdue amount plus any attorneys’ fees incurred such installment. Landlord and Tenant agree that this late charge represents a reasonable estimate of such costs and expenses and is fair compensation to. Landlord for its loss and expense suffered by Landlord such nonpayment by reason Tenant. Acceptance of this late charge shall not constitute a waiver of Tenant’s failure default with respect to pay Rent and/or other charges when due hereunder. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to such nonpayment by Tenant nor prevent Landlord from exercising all of Landlord’s other rights and remedies hereunder or at law available to Landlord under this Lease. Landlord shall apply payments made by Tenant first to accrued charges, interest and shall not be construed as liquidated damages or as limiting Landlord’s remedies rent in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid following order: (a) within five (5) days after written notice from Landlord that said amount was not paid when due, or Late Charges; (b) upon interest; (c) Rent; Other Charges and Additional Rent; and (d) any balance remaining to current Rent, Other Charges, and Additional Rent. Notwithstanding anything in this Section 7 to the date said amount is duecontrary, if provided Tenant has previously received one pays all sums due hereunder by electronic funds transfer, Landlord shall waive the first (11st) or more notices from Landlord late charge that may be incurred by Tenant during the immediately preceding any twelve (12) month period stating that Tenant failed to pay any (hiring the Lease Term, provided the unpaid amount required to be is in fact paid in full by Tenant under this Lease when on or before the fifteenth (15th) day of the month in which any such payment is due, shall bear interest from the date when due until paid at a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) the highest rate permitted by applicable law.

Late Charges. If Permittee hereby acknowledges that late payment by Permittee to Permittor of the Permit Fee or other sums due under the provisions of this Permit will cause Permittor to incur costs not contemplated by this Permit, the exact amount of which would be extremely difficult to ascertain. Such costs include, but are not limited to, administrative processing of delinquent notices and accounting charges. Accordingly, if any installment of Rent the Permit Fee or of any other sum due from Tenant shall Permittee is not be received by Landlord Permittor or Landlord’s designee (i) postmarked within five (5) days after written notice from Landlord that said amount was not paid when due, or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, then Tenant Permittee shall pay to Landlord Permittor a late charge equal to six five percent (65%) of the overdue amount plus any attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay Rent and/or other charges when due hereunderpermit fee in effect at that time or Fifty Dollars ($50.00), whichever is greater. The A late charge shall be deemed Additional Rent applied each month that the permit fee or any sum due is delinquent. The parties hereby agree that such late charges represent a fair and reasonable estimate of the right cost that Permittor will incur by reason of the late payment by Permittee. Acceptance of late charges by Permittor shall in no event constitute a waiver of Permittee's default with respect to require it shall be in addition to all such overdue amount, nor prevent Permittor from exercising any of Landlord’s the other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any mannergranted under the provisions of this Permit. In addition to the late charge described aboveAny Fee, any Rent or other amounts owing hereunder which are if not paid (a) within five (5) days after written notice from Landlord that said amount was not paid when due, or (b) upon following the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when duedue date, shall bear interest from the due date when due until paid at the rate of ten percent (10%) per year or, if a higher rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519)is legally permissible, published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) at the highest rate an individual is permitted to charge under law (the “Interest Rate”). However, interest shall not be payable on late charges incurred by applicable lawPermittee nor on any amounts on which late charges are paid by Permittee to the extent this interest would cause the total interest to be in excess of that which an individual is lawfully permitted to charge. Payment of interest shall not excuse or cure any default by Permittee.

Late Charges. If No grace period for the payment of any amount due under this Lease exists. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which is extremely difficult to ascertain in advance. Such costs include, but are not limited to, processing and accounting charges, and late charges that may be imposed upon Landlord by the terms of any mortgage or deed of trust covering the Premises. Accordingly, if any installment of Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee (i) within five (5) days after written notice from Landlord that said amount was not paid when due, or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, then Tenant shall immediately pay to Landlord a late charge equal to six five percent (65%) of the overdue amount plus any attorneys’ fees incurred by (the "Late Charge"). The parties hereby agree that such Late Charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of the late payment of Rent or other sums by Xxxxxx. Xxxxxxxx's acceptance of such Late Charge shall in no event constitute a waiver of Tenant’s failure 's default with respect to pay Rent and/or such overdue amount, nor prevent Landlord from exercising any of the other charges when due rights and remedies granted hereunder. The late charge Late Charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s 's other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s 's remedies in any manner. Tenant hereby agrees that if Tenant is subject to a Late Charge for two (2) consecutive months, Base Rent for the following twelve (12) months shall automatically be adjusted to be payable quarterly, in advance. In addition to the late charge described aboveLate Charge, any Rent or other amounts owing hereunder which that are not paid (a) within five (5) days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, they are due shall bear interest from the date when due until paid at the "Lease Interest Rate" which shall mean a rate per annum equal to the lesser of (xi) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519)fifteen percent (15%) per annum, published weekly or (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (yii) the highest rate permitted by applicable law.. If Base Rent or Additional Rent is paid by check and the check is returned to Landlord for any reason whatsoever without payment, Tenant shall be assessed a late charge and interest on past due amount pursuant this Article 25 above, as well as a Fifty Dollar ($50.00) fee. If payment is returned for insufficient funds, Landlord has the right to demand that such payment be in the form of cash, money order, cashier's or certified check drawn on an institution acceptable to Landlord, or by other means approved by Landlord, notwithstanding any prior practice of accepting payments in any different form. If Tenant has two Air Cargo Lease A-Mark 2014 - 37 - AIR CARGO CENTER LEASE

Late Charges. If any installment of Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee (i) within five (5) business days after Tenant's receipt of written notice from Landlord that said amount was not paid when due, or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when past due, then Tenant shall pay to Landlord a late charge equal to six five percent (65%) of the overdue amount plus any reasonable attorneys’ ' fees incurred by Landlord by reason of Tenant’s 's failure to pay Rent and/or other charges when due hereunder; provided, however, that Tenant shall be entitled to notice of nonpayment and a five (5) day grace period, prior to the application of such late charge, with respect to the first (1st) occasion in any calendar year in which any installment of Rent is not timely paid. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s 's other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s 's remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid within ten (a) within five (510) days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, they are due shall bear interest from the date when due until paid at a rate per annum equal to the lesser of (xi) the annual “"Bank Prime Loan” " rate cited in the Federal Reserve Statistical Release publication H.15(519)Publication H.15, published weekly on the first Tuesday of each calendar month (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four two (42) percentage points, and (yii) the highest rate permitted by applicable law.

Late Charges. If any installment of Base Rent or the Estimate Payment any other sum due from Tenant shall not be received by Landlord or Landlord’s designee within three (i3) days after said amount is due or if any other Rent payment shall not be received by Landlord or Landlord’s designee within five (5) business days after written notice from Landlord that said amount was not paid when due, or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, then Tenant shall pay to Landlord a late charge equal to six five percent (65%) of the overdue amount due plus any attorneys’ and processing and service fees incurred by Landlord by reason of Tenant’s failure to pay Rent and/or other charges when due hereunder. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid (a) within five (5) days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, due shall thereafter bear interest from the date when due until paid at a rate per annum equal to the lesser greater of (xi) the annual “prime rate established from time to time by Xxxxx Fargo Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate Xxxxx Fargo ceases to be publishedexist or to publish such a rate, then the rate published by the largest federally chartered banking institution with a branch in California) plus four five percent (45%) percentage pointsper annum, and (yii) nine percent (9%) per annum, provided that in no case shall such rate be higher than the highest rate permitted by applicable law. Notwithstanding the foregoing, Tenant shall not be obligated to pay the foregoing late charge and interest charge for the first (1st) failure to timely pay any sum required to be paid under this Lease so long as Tenant pays such overdue sum within ten (10) days of Landlord's demand for the same.

Late Charges. If TENANT hereby acknowledges that late payment by TENANT to LANDLORD of rent and other sums due hereunder will cause LANDLORD to incur costs not contemplated by this Lease, the exact amount of which will be impractical or extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges and late charges which may be imposed on LANDLORD by the terms of the trust deed encumbering the Premises. Accordingly, if any installment of Rent rent or any other sum due from Tenant TENANT shall not be received by Landlord or Landlord’s designee LANDLORD within ten (i) within five (510) days after written notice from Landlord that said such amount was not paid when shall be due, or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, then Tenant TENANT shall pay to Landlord LANDLORD a late charge equal to six percent (6%) 10% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the overdue amount plus any attorneys’ fees incurred by Landlord costs LANDLORD will incur by reason of Tenant’s failure late payment. TENANT acknowledges that the aforesaid amount of 10% is not a penalty, but is an amount that is acknowledged by the parties as the amount representing the liquidated damages that LANDLORD will suffer as a result of the late payment, taking into consideration all facts and circumstances known to pay Rent and/or other charges when due hereunderthe parties at this time and represents a fair and reasonable estimate of the costs the LANDLORD will incur by reason of the late payment. The parties further agree that proof of actual damage would be costly or inconvenient. The late charge shall be deemed considered Additional Rent as defined in Paragraph 4 of this Lease, and the right to require it shall be in addition to all of Landlord’s LANDLORD's other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any mannerlaw. In addition to the late charge described aboveherein, any Rent Monthly Basic Rent, or other amounts owing hereunder owed by TENANT to LANDLORD which are not paid (a) within five (5) days after written notice from Landlord that said amount was not paid when due, on or (b) upon before the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when they are due, shall thereafter bear interest from the date when due until paid in full at a rate per annum equal to the lesser of twelve percent (x12%) the annual “Bank Prime Loan” rate cited per annum, provided that in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant no event shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) exceed the highest rate permitted by applicable law.. The Late Charge and interest payable hereunder shall be considered Rent. If TENANT's check is returned by the bank, in addition to the late charge of 10% as specified above, TENANT shall also pay to LANDLORD the charge made by the bank for the returned check and LANDLORD's return check charge of $15.00 per check returned. LANDLORD: /S/ RE TENANT: /S/ MY ------ ------

Late Charges. If Any and all sums or charges set forth in this Section 8 are considered part of Additional Rent. Tenant acknowledges that late payment (the second day of each month or any time thereafter) by Tenant to Landlord of Rent and all other sums due hereunder, will cause Landlord to incur costs not contemplated by this Lease. Such costs may include, without limitation, processing and accounting charges, and late charges that may be imposed on Landlord by the terms of any note secured by any encumbrance against the Premises, and late charges and penalties due to the late payment of real property taxes on the Premises. Therefore, if any installment of Rent or any other sum due from payable by Tenant shall is not be received by Landlord or Landlord’s designee (i) within five (5) business days after written notice from Landlord that said amount was not paid when dueof the due date, or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, then Tenant shall promptly pay to Landlord a late charge charge, as liquidated damages, in an amount equal to six five percent (65%) of such delinquent amount for the overdue first instance during any calendar year, seven percent (7%) for the second (2nd) instance during any calendar year and ten percent (10%) for the third (3rd) instance in any calendar year in which Landlord does not receive Rent within such five-business-day period plus interest on such delinquent amount at the rate equal to the prime rate plus any attorneys’ fees incurred by three percent (3%) for every month or portion thereof after the first thirty (30) days that such sums remain unpaid. Notwithstanding the foregoing, Landlord waives the late charge for the first (1st) instance during the Term of this Lease in which Tenant fails to timely pay Rent. If Tenant delivers to Landlord a check for which there are not sufficient funds, Landlord may require Tenant to replace such check with a cashier's check for the amount of such check and all other charges payable hereunder. The parties agree that this late charge and the other charges referenced above represent a fair and reasonable estimate of the costs that Landlord will incur by reason of such late payment by Tenant’s failure to pay Rent and/or , excluding attorneys' fees and costs. Acceptance of any late charge or other charges when due hereunder. The late charge shall be deemed Additional Rent and not constitute a waiver by Landlord of Tenant's default with respect to the right to require it shall be in addition to all delinquent amount, nor prevent Landlord from exercising any of Landlord’s the other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in available to Landlord for any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid (a) within five (5) days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by breach of Tenant under this Lease when dueLease. If a late charge becomes payable for three (3) installments of Rent, shall bear interest from then Landlord, at Landlord's sole option, can either require the date when due until Rent be paid at a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited quarterly in the Federal Reserve Statistical Release publication H.15(519), published weekly (advance or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) the highest rate permitted by applicable law.paid monthly in

Late Charges. Tenant’s failure to promptly pay sums due under this Lease may cause Landlord to incur unanticipated costs. The exact amount of those costs is impractical or extremely difficult to ascertain. The costs may include, but are not limited to, processing and accounting charges and late charges that may be imposed on Landlord by any ground lease or deed of trust encumbering the Premises. Payments due to Landlord under this Lease are not an extension of credit. Therefore, if any payment under this Lease is not actually received on or before the due date (and not merely deposited in the mail), Landlord may, at Landlord’s option and to the extent allowed by applicable law, impose a Late Charge on any late payments in an amount equal to five percent (5%) of the amount of the past due payment (the “Late Charge”) after the payment is more than five days past due. A Late Charge may be imposed only once on each past due payment. Any Late Charge will be in addition to Landlord’s other remedies for nonpayment of Rent. If any installment of Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee (i) within five (5) days after written notice from Landlord that said amount was not paid when due, or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid check tendered by Tenant under this Lease when dueis dishonored for any reason, then Tenant shall pay to Landlord a late charge equal to six percent dishonored check fee of thirty dollars (6%$30.00), plus (at Landlord’s option) a Late Charge as provided above until Good Funds (defined below) are received by Landlord. The parties agree that any Late Charge and dishonored check fee represent a fair and reasonable estimate of the overdue amount plus any attorneys’ fees incurred by costs Landlord will incur by reason of Tenant’s failure the late payment or dishonored check. If there are any Late Charges, dishonored check fees, installments of Base Rent, and any other unpaid charges or reimbursements due to Landlord, then Landlord may apply any payments received from Tenant to any amounts due in any order Landlord may choose. Notwithstanding the foregoing, Landlord will not impose a Late Charge as to the first late payment in any calendar year, unless Tenant fails to pay Rent and/or other charges when due hereunder. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid payment to Landlord within three (a3) within five (5) business days after the delivery of a written notice from Landlord that said amount was not paid when dueto Tenant demanding the late payment be paid. However, or (b) upon the date said amount is due, if Landlord may impose a Late Charge without advance notice to Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay on any amount required to be paid by Tenant under this Lease when due, shall bear interest from the date when due until paid at a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited subsequent late payment in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) the highest rate permitted by applicable lawsame calendar year.

Late Charges. If Lessee shall fail to pay any installment of Rent rent, including Monthly Rent, additional rent or any other sum due from Tenant charges to be paid by Lessee pursuant to this Lease and Lessee shall not be received by Landlord or Landlord’s designee (i) have cured such failure within five (5) days after written notice from Landlord that said amount was not paid when dueLessor, or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed Lessee shall be obligated to pay any amount required to be paid by Tenant under this Lease when due, then Tenant shall pay to Landlord a late charge equal to six five percent (65%) of the overdue amount plus any attorneys’ fees incurred by Landlord by reason rent or other charge not so paid when due. In addition, any installments of Tenant’s failure to pay Rent and/or Monthly Rent, additional rent or other charges when due hereunder. The late charge shall to be deemed Additional Rent and the right paid by Lessee pursuant to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder this Lease which are not paid (a) by Lessee within five (5) days after written receipt of notice from Landlord Lessor that said amount was not paid when duethe same is due and payable shall bear interest at a rate equal to two (2) percentage points above the then applicable Wall Street Journal Prime Rate (U.S. money center commercial banks) or its successor (or in the absence thereof such similar rate reasonably 39 44 CARR XXXL ESTATE SERVICES -------------------------------------------------------------------------------- designated by Lessor), accruing from the date such installment or (b) payment became due and payable to the date of payment thereof by Lessee. Such interest shall constitute additional rent due and payable to Lessor by Lessee upon the date said amount of payment of the delinquent payment referenced above. The foregoing late charges and interest shall not be payable with respect to a charge (other than Monthly Rent, Estimated Payments, Lessee's Net Obligation, and payments of damages pursuant to Section 29 hereof) that Lessee is duedisputing reasonably and in good faith. The foregoing notwithstanding, if Tenant once Lessor has previously received given written notice of an overdue payment pursuant to this Section of this Lease on one (1) occasion in any calendar year, then for the remainder of such calendar year the giving of such notice shall not be a condition to Lessor's assessment of a late charge or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, shall bear interest from the date when due until paid at a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage pointsaforesaid, and such interest and late charge shall be due and payable on any subsequent occasion during such calendar year when rent is not paid within five (y5) days after the highest rate permitted by applicable lawsame becomes due and payable.

Late Charges. If Tenant hereby acknowledges that late payment by Tenant to Landlord of Base Monthly Rent due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, administrative, processing, accounting charges, and late charges, which may be imposed on Landlord by the terms of any contract, revolving credit, mortgage or trust deed covering the Premises. Accordingly, if any installment of Base Monthly Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee within ten (i) within five (510) days after written notice from Landlord that said amount was not paid when due, or (ii) upon the date said such amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, then Tenant shall pay to Landlord a late charge equal to six percent five (65%) percent of the such overdue amount plus any attorneys’ fees incurred by which shall be due and payable with the payment then delinquent. Landlord by reason of Tenant’s failure agrees to pay Rent and/or other charges when due hereunder. The waive said late charge shall be deemed Additional Rent and in the right to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition to event the late charge described above, any Base Monthly Rent or other amounts owing hereunder which are not paid (a) sum due is received within five (5) days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid receipt by Tenant under of Landlord’s notice to quit or pay rent. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Monthly Rent, then rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding any provision of this Lease when due, shall bear interest from the date when due until paid at a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) the highest rate permitted by applicable law.contrary. IT IS FURTHER MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS:

Late Charges. If Tenant hereby acknowledges that late payment by Tenant to Landlord of Minimum Annual Rent or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which are extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by the terms of any mortgage or deed of trust covering the Premises. Accordingly, if any installment of Minimum Annual Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee (i) within five (5) days after written notice from Landlord that said amount was not paid when due, or (ii) upon of the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when duedue following written notice, then (and without prejudice to Landlord's rights and remedies in respect of such default) Tenant shall pay to Landlord a late charge equal to six five percent (65%) of the such amount overdue amount plus any attorneys’ ' fees incurred by Landlord by reason of Tenant’s 's failure to pay Rent rent and/or other charges when due hereunder. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of the late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. The late charge shall be deemed Additional Rent additional rent and the right to require it shall be in addition to all of Landlord’s 's other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s 's remedies in any manner. In addition to the five percent (5%) late charge described above, any Rent rents or other amounts owing hereunder which are not paid (a) within five (5) days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, they are due shall thereafter bear interest from the date when due until paid at a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” prime rate cited as announced from time to time in the Federal Reserve Statistical Release publication H.15(519), published weekly Wall Street Journal (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be publishedthe "Prime Rate") plus four seven percent (47%) percentage points, and (y) per annum or the highest rate permitted by applicable law. If such Prime Rate is no longer published, Landlord shall have the right to substitute a replacement index that in Landlord's good faith determination is reasonably similar to the Prime Rate. In the event the Landlord does not commence any proceedings to review or contest any real estate taxes, rent taxes, or other sums due pursuant to this Article on or before sixty (60) days prior to the expiration of the period within which to institute such proceeding, Tenant may, at Tenant's sole cost and expense, undertake such proceedings to review or contest any such tax or assessment as it deems necessary in its name or in the name of the Landlord, and Landlord agrees to cooperate with Tenant and to execute any and all reasonable instruments which may be reasonably required for the prosecution of any such proceedings. Provided that Tenant has complied with all of the terms and conditions of this Lease, beyond any applicable cure or grace periods, including without limitation, the payment of all sums due pursuant to this Article, Tenant shall be entitled to the full amount of any refund due on account of taxes or assessments payable upon the Demised Premises if Tenant shall be successful in securing a reduction in such taxes or assessments. To the extent that Landlord incurs any expenses or costs in connection with the Tenant's commencement or any review or contest of any tax or assessment, Tenant shall reimburse Landlord for its reasonable expenses and costs including reasonable attorneys fees, appraisers fees, etc. upon thirty (30) days of demand therefore. Tenant shall provide Landlord with copies of all correspondence, documentation and other writings submitted to any governmental agency having jurisdiction over the Demised Premises pertaining to any contest. Tenant shall have the right, at its sole cost and expense, to contest all Legal Requirements or Environmental Laws (as defined in Articles 14 and 45) provided such contest does not subject the Landlord to any costs, penalties, judgments, liens, expenses, fines or other impositions of any kind or nature and provided further that said contest does not subject Landlord to any criminal or civil proceedings of any kind or nature. Tenant shall provide Landlord with copies of all correspondence, documentation and other writings submitted to any governmental agency having jurisdiction over the Demised Premises pertaining to any contest. Tenant's compliance with Legal Requirements or Environmental Laws (as hereinafter defined in Article 45) shall be deemed adequate compliance by Tenant provided said compliance is performed to the satisfaction of all governmental agencies having jurisdiction over the Demised Premises.

Late Charges. If Tenant hereby acknowledges that late payment by Tenant to Landlord of Base Monthly Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which is extremely difficult to ascertain, Such costs include but are not limited to: administrative, processing, accounting, and late charges which may be imposed on Landlord by the terms of any contract, revolving credit, mortgage, or trust deed covering the Premises, Accordingly, if any installment of Base Monthly Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s its designee (i) within five (5) days after Tenant’s receipt of Landlord’s written notice from Landlord that said amount was not paid when due, or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed of such failure to pay any amount required to be paid by Tenant under this Lease when duerent (“Late Rent Notice”), then Tenant shall pay to Landlord a late charge equal to six percent five (65%) percent of such overdue amount, which late charge shall be due and payable on the same date that the overdue amount plus any attorneys’ fees incurred by was due. If Landlord by reason of sent a Late Rent Notice to Tenant three (3) times within the Lease Term, all late charges subsequent to the third Late Rent noticed shall become due automatically after Tenant’s failure to pay Rent and/or other charges when due hereunder. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition to the late charge described above, any such Base Monthly Rent or other amounts owing hereunder which are not paid (a) sum due from Tenant within five (5) days after written notice the same is due without any obligation of Landlord to provide any Late Rent Notice to Tenant. The parties agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant, excluding interest and attorney’s fees and costs. If any rent or other sum due from Tenant remains delinquent for a period in excess of thirty (30) days then, in addition to such late charge, Tenant shall pay to Landlord interest on any rent that said amount was is not paid when due, or due at the Agreed Interest Rate (bas defined in Section 19.J. below) upon following the date said such amount became due until paid. Acceptance by Landlord of such late charge shall not constitute a waiver of Tenant’s default with respect to such overdue amount nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is duepayable hereunder, if Tenant has previously received one whether or not collected, for three (13) or more notices from Landlord during consecutive installments of Base Monthly Rent, then the immediately preceding twelve (12) month period stating that Tenant failed to pay Base Monthly Rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding any amount required to be paid by Tenant under provision of this Lease when due, shall bear interest from the date when due until paid at a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) the highest rate permitted by applicable lawcontrary.

Late Charges. If Any and all sums or charges set forth in this Section 8 are considered part of Additional Rent. Tenant acknowledges that late payment (the fifth day of each month or any time thereafter) by Tenant to Landlord of Base Rent, Operating Expenses, Tax Expenses and Utility Expenses or other sums due hereunder, will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impracticable to fix. Such costs include, without limitation, processing and accounting charges, and late charges that may be imposed on Landlord by the terms of any note secured by any encumbrance against the Premises, and late charges and penalties due to the late payment of real property taxes on the Premises. Therefore, if any installment of Rent or any other sum due from Tenant shall is not be received by Landlord or Landlord’s designee within four (i) within five (54) days after written notice from Landlord that said amount was not paid of when due, or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, then Tenant shall promptly pay to Landlord a late charge all of the following, as applicable: (a) an additional sum equal to six ten percent (610%) of such delinquent amount, (b) the overdue amount plus any attorneys’ fees incurred by of seventy-five dollars ($75) for each three-day notice prepared for, or served on, Tenant, (c) the amount of fifty dollars ($50) relating to checks for which there are not sufficient funds. If Tenant delivers to Landlord a check for which there are not sufficient funds, Landlord may, at its sole option, require Tenant to replace such check with a cashier's check for the amount of such check and all other charges payable hereunder. The parties agree that this late charge and the other charges referenced above represent a fair and reasonable estimate of the costs that Landlord will incur by reason of late payment by Tenant’s failure to pay Rent and/or . Acceptance of any late charge or other charges when due hereunder. The late charge shall be deemed Additional Rent and not constitute a waiver by Landlord of Tenant's default with respect to the right to require it shall be in addition to all delinquent amount, nor prevent Landlord from exercising any of Landlord’s the other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in available to Landlord for any mannerother breach of Tenant under this Lease. In addition to the If a late charge described above, any Rent or other amounts owing hereunder which are not paid charge becomes payable for any three (a3) installments of Rent within five (5) days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding any twelve (12) month period stating that Tenant failed to pay any amount required to period, then Landlord, at Landlord's sole option, can either require the Rent be paid quarterly in advance, or be paid monthly in advance by Tenant under this Lease when due, shall bear interest from the date when due until paid at a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly (cashier's check or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) the highest rate permitted by applicable lawelectronic funds transfer.

Late Charges. If any installment of Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee (i) within five (5) business days after written notice from Landlord that said amount was not paid when due, or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when past due, then Tenant shall pay to Landlord a late charge equal to six five percent (65%) of the overdue amount plus due or in the case of a delinquent installment of Base Rent, two percent (2%) of the delinquent amount; provided, however, that if Landlord has given Tenant two (2) such delinquency notices in the preceding twelve (12) month period, then the late charge shall be imposed for any attorneys’ fees incurred subsequent delinquent payment of Rent by Landlord by reason Tenant, without requirement of Tenant’s failure to pay Rent and/or other charges when due hereunderany notice or cure period. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s 's other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s 's remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid (a) within five (5) business days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, past due shall bear interest from the date when due until paid at a rate per annum (the "INTEREST RATE") equal to the lesser lower of (xi) the annual “Bank Prime Loan” then-current prime interest rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) is announced by The Wall Street Journal plus four two (42) percentage points, and or (yii) the highest rate permitted by applicable law.; provided, however, that if Landlord has given Tenant two

Late Charges. If any installment of Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee (i) within five (5) days after written notice from Landlord that said amount was not paid when due, or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, then Tenant shall pay to Landlord a late charge equal to six five percent (65%) of the overdue amount plus any reasonable attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay Rent and/or other charges when due hereunder. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid within ten (a) within five (510) days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, they are due shall bear interest from the date when due until paid at a rate per annum equal to the lesser of (xi) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication Publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four two (42) percentage points, and (yii) the highest rate permitted by applicable lawlaw (the “Default Rate”). Notwithstanding the foregoing provisions of this Article 25, the late charge shall not be imposed with respect to the first late payment in any calendar year during the Term unless the applicable payment due from Tenant is not received by Landlord within five (5) days following written notice from Xxxxxxxx that such payment was not received when due. Following the first such written notice from Landlord in any calendar year during the Term (but regardless of whether such payment has been received within such five (5) day period), the late charge will be imposed without notice for any subsequent payment due from Tenant during such calendar year which is not received within five (5) days after its due date.

Late Charges. If Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee (i) designated agent within five (5) business days after written notice from Landlord that said amount was not paid when due, or (ii) upon the date said such amount is duedue and owing, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, then Tenant shall pay to Landlord a late charge equal to six five percent (65%) of such amount each time a late charge is payable during the overdue amount plus any attorneys’ fees incurred by Lease Term. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s failure default with respect to pay Rent and/or other charges when due hereunder. The late charge shall be deemed Additional Rent and such overdue amount, nor prevent Landlord from exercising any of the right to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any mannergranted hereunder. In addition the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Rent, then Rent for the next one-year period shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Section 4.01 or any other provision of this Lease to the contrary. Notwithstanding the foregoing or anything to the contrary contained in this Lease, no late charge described above, or interest shall be due on the first (and only the first) late payment of Rent by Tenant during any Rent or other amounts owing hereunder which are not paid (a) within five (5) days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating of the Lease Term, unless Tenant fails to make such payment within five (5) business days after its receipt of a written notice of deficiency from Landlord; provided, however, that Tenant failed to pay any amount in no event shall Landlord be required to be paid by provide Tenant under this with written notice of such late payment more than three (3) times during the Lease when dueTerm and any Extension Term thereof, shall bear interest from the date when due until paid at a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and afterwards Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, responsible for payment of a late chare as and (y) the highest rate permitted by applicable lawwhen is otherwise provided for in this Section 12.04.

Late Charges. If Tenant hereby acknowledges that late payment by Tenant to Landlord of Base Rent, Tenant's Share of Operating Expense increases, Tenant's Share of Real Property Tax increases, parking charges, after hours HVAC charges, or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed encumbering the Project. Accordingly, if any installment of Rent Base Rent, Tenant's Share of Operating Expense increases, Tenant's Share of Real Property Tax increases, parking charges, after hours HVAC charges or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee (i) within five WITHIN FIVE (5) days after written notice from Landlord that said DAYS OF when such amount was not paid when shall be due, then, without any requirement for notice or (ii) upon the date said amount is duedemand to Tenant, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, then Tenant shall immediately pay to Landlord a late charge equal to six percent FIVE PERCENT (65%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the overdue amount plus any attorneys’ fees incurred by costs Landlord will incur by reason of late payment by Tenant’s failure to pay Rent and/or other charges when due hereunder. The Acceptance of such late charge by Landlord shall be deemed Additional Rent and in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the right to require it shall be in addition to all of Landlord’s other rights and remedies granted hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any mannerincluding the assessment of interest under Section 13.5. In addition to the late charge described aboveNOTWITHSTANDING THE FOREGOING, any Rent or other amounts owing hereunder which are not paid (a) within five (5) days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one LANDLORD AGREES TO WAIVE IMPOSITION OF SUCH LATE CHARGES ON ONE (1) or more notices from Landlord during the immediately preceding twelve OCCASION IN ANY TWELVE (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, shall bear interest from the date when due until paid at a rate per annum equal to the lesser of MONTH PERIOD PROVIDED THE OVERDUE PAYMENT IS MADE WITHIN SEVEN (x7) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) the highest rate permitted by applicable lawBUSINESS DAYS AFTER LANDLORD GIVES TENANT WRITTEN NOTICE THAT PAYMENT WAS NOT MADE WHEN DUE.

Late Charges. If Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any mortgage or deed of trust covering the Premises. Accordingly, if any installment of Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee (i) within five (5) days after written notice from Landlord that said amount was not paid when due, installment or (ii) upon the date said amount other sum is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when duedue and payable hereunder, then in that event Tenant shall pay to Landlord a late charge equal to six percent ten (610%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the overdue amount plus any attorneys’ fees incurred by cost Landlord will incur by reason of late payment by Tenant’s failure to pay Rent and/or other charges when due hereunder. The Acceptance of such late charge by Landlord shall be deemed Additional Rent and in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the right to require it shall be in addition to all of Landlord’s other rights and remedies granted hereunder. Nothing herein contained shall entitle Landlord, upon the arising of any contingency whatsoever, to collect or receive any late payment charge hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in pursuant to any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid (a) within five (5) days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under provision of this Lease when due, shall bear interest from the date when due until paid determined at a rate per annum equal in excess of the highest lawful rate allowed by applicable laws of the State of Nevada (or by applicable federal laws if such laws either pre-empt or are in conflict with otherwise applicable laws of the State of Nevada) on any money obligation hereunder, and in the event Landlord ever receives an amount determined to be in excess of such highest lawful rate, such amount shall be applied to the lesser payment of (x) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519)Rent otherwise due under this Lease, published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases returned to be published) plus four (4) percentage points, and (y) the highest rate permitted by applicable lawTenant.

Late Charges. If Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which is extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by the terms of any mortgage, deed of trust, or ground or underlying lease covering the Premises. Accordingly, if any installment of Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee (i) within five (5) business days after written notice from Landlord that said amount was not paid when due, or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed of Tenant’s failure to pay any amount required to be paid by Tenant under this Lease when duesuch amount, then Tenant shall pay to Landlord a late charge equal to six two percent (62%) of the overdue amount plus amount; provided, however, that the first (1st) late charge in any attorneys’ fees incurred by consecutive twelve (12) month period shall not exceed $10,000.00, and no late charge may be assessed unless a notice of, and invoice for, such assessment is sent to Tenant within sixty (60) days after such failure to pay occurs. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of the late payment of Rent by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s failure default with respect to pay Rent and/or such overdue amount, nor prevent Landlord from exercising any of the other charges when due rights and remedies granted hereunder. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid within ten (a) within five (510) days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed of such failure to pay any amount required to be paid by Tenant under this Lease when due, such amounts shall thereafter bear interest from the date when due until paid at a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) the highest rate permitted by applicable lawInterest Rate.

Late Charges. If Tenant hereby acknowledges that the late payment by Tenant to Landlord of Rent and other charges due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any mortgage covering the Premises. Accordingly, if any installment of Rent or any other sum charge due from Tenant shall is not be received by Landlord or Landlord’s 's designee within ten (i) within five (510) days after written notice from Landlord that said such amount was not paid when due, or (ii) upon the date said amount is due, shall be due and if Tenant has previously received two been more than ten (210) days late in the payment of Rent one or more notices from times within the preceding twelve month period, then, in addition to the other remedies provided to the Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when dueherein, then Tenant shall pay to Landlord Landlord, within ten (10) days after demand, a late charge equal to six the five percent (65%) of such overdue amount, and in such event the overdue amount plus any attorneys’ fees incurred by parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of the late payment by Tenant’s failure to pay Rent and/or other charges when due hereunder. The No late charge may be imposed on a late charge or more than once for the same late rental payment. Acceptance of such late charge by Landlord shall be deemed Additional Rent and the right in no event constitute a waiver of Tenant's default with respect to require it shall be in addition to all of Landlord’s such overdue amount, nor prevent Landlord from exercising any other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any mannergranted to it hereunder. In addition to the late charge described fee provided above, any at the option of the Landlord, all delinquent Rent or other amounts owing hereunder which are not paid (a) within five (5) days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, shall bear interest at 2% in excess of the Prime Rate as published by Barnett Bank, N.A. as in efxxxx xxom time to time, from the date when due until paid at a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) the highest rate permitted by applicable lawpaid.

Late Charges. If Tenant fails to pay, when the same is due and payable, any Rent, Additional Rent or Other Charges, such unpaid amounts shall bear interest at the rate of two percent (2%) per month from the date due to the date of payment, unless such amount would violate any applicable usury law, in which event such unpaid amounts shall bear interest at the highest rate then allowed by law. In addition to such interest, Tenant acknowledges that the late payment by Tenant of any installment of Rent, Additional Rent or Other Charges will cause Landlord to incur certain costs and expenses not contemplated under this Lease, the exact amount of such costs being extremely difficult or impractical to fix. Such costs and expenses will include, without limitation, administrative and collection costs, and processing and accounting expenses. Therefore, if any other sum due from Tenant shall Rent, Additional Rent or Other Charge installment is not be received by Landlord or Landlord’s designee from Tenant by the fifth (i5th) within five (5) days day after written notice from Landlord that said amount was not paid when due, or (ii) upon the date said amount such installment is due, if Tenant has previously received two (2) or more notices from Landlord during shall immediately pay to Landlord, in addition to the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when installment due, then Tenant shall pay to Landlord a late charge equal to six twelve percent (612%) of the overdue amount plus any attorneys’ fees incurred such installment. Landlord and Tenant agree that this late charge represents a reasonable estimate of such costs and expenses and is fair compensation to Landlord for its loss and expense suffered by Landlord such nonpayment by reason Tenant. Acceptance of this late charge shall not constitute a waiver of Tenant’s failure default with respect to pay Rent and/or other charges when due hereunder. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to such nonpayment by Tenant nor prevent Landlord from exercising all of Landlord’s other rights and remedies hereunder or at law available to Landlord under this Lease. Landlord shall apply payments made by Tenant first to accrued charges, interest and shall not be construed as liquidated damages or as limiting Landlord’s remedies rent in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid following order: (a) within five (5) days after written notice from Landlord that said amount was not paid when due, or Late Charges; (b) upon interest; (c) Rent; Other Charges and Additional Rent; and (d) any balance remaining to current Rent, Other Charges, and Additional Rent. Notwithstanding anything in this Section 7 to the date said amount is duecontrary, if provided Tenant has previously received one pays all sums due hereunder by electronic funds transfer, Landlord shall waive the first (1) or more notices from Landlord 1st late charge that may be incurred by Tenant during the immediately preceding any twelve (12) month period stating that Tenant failed to pay any during the Lease Term, provided the unpaid amount required to be is in fact paid in full by Tenant under this Lease when on or before the fifteenth (15th) day of the month in which any such payment is due, shall bear interest from the date when due until paid at a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) the highest rate permitted by applicable law.

Late Charges. If Any and all sums or charges set forth in this Section 8 are considered part of Additional Rent. Tenant acknowledges that late payment by Tenant to Landlord of Base Rent (the fifth (5th) day of each month or any time thereafter), Operating Expenses (the 31st day after Tenant’s receipt of Landlord’s written demand therefor or any time thereafter), or other sums due hereunder, will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impracticable to fix. Such costs include, without limitation, processing and accounting charges, late charges that may be imposed on Landlord by the terms of any note secured by any encumbrance against the Premises, and late charges and penalties imposed on Landlord as a result of Tenant’s late payment of Operating Expenses. Therefore, if any installment of Rent or any other sum due from Tenant shall is not be received by Landlord or Landlord’s designee (i) within five (5) days after written notice from Landlord that said amount was not paid when due, or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, then Tenant shall promptly pay to Landlord a late charge an additional sum equal to six five percent (65%) of the overdue such delinquent amount plus any attorneys’ fees incurred by interest on such delinquent amount at the rate equal to eight percent (8%) per annum for the time period such payments are delinquent as a late charge. If Tenant delivers to Landlord a check for which there are not sufficient funds, Landlord may, at its sole option, require Tenant to replace such check with a cashier’s check for the amount of such check and all other charges payable hereunder. The parties agree that this late charge and the other charges referenced above represent a fair and reasonable estimate of the costs that Landlord will incur by reason of late payment by Tenant. Acceptance of any late charge or other charges shall not constitute a waiver by Landlord of Tenant’s failure default with respect to pay Rent and/or other charges when due hereunder. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all delinquent amount, nor prevent Landlord from exercising any of Landlord’s the other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in available to Landlord for any mannerother breach of Tenant under this Lease. In addition to the If a late charge described above, any Rent or other amounts owing hereunder which are not paid charge becomes payable for any three (a3) installments of Rent within five any twelve (512) days after written notice from Landlord that said amount was not paid when duemonth period, or (b) upon then for the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding next twelve (12) month period stating that Tenant failed to pay any amount required to Landlord, at Landlord’s sole option, can either require the Rent be paid quarterly in advance, or be paid monthly in advance by Tenant under this Lease when due, shall bear interest from the date when due until paid at a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly (cashier’s check or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) the highest rate permitted by applicable lawelectronic funds transfer.

Late Charges. If Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which is extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by the terms of any mortgage, deed of trust, or ground or underlying lease covering the Premises. Accordingly, if any installment of Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee (i) within five (5) business days after written notice from Landlord that said amount was not paid when due, or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed of Tenant’s failure to pay any amount required to be paid by Tenant under this Lease when duesuch amount, then Tenant shall pay to Landlord a late charge equal to six five percent (65%) of the overdue amount plus amount; provided, however, that the first (1st) late charge in any attorneys’ fees incurred by consecutive twelve (12) month period shall not exceed $500.00, and no late charge may be assessed unless a notice of, and invoice for, such assessment is sent to Tenant within sixty (60) days after such failure to pay occurs. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of the late payment of Rent by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s failure default with respect to pay Rent and/or such overdue amount, nor prevent Landlord from exercising any of the other charges when due rights and remedies granted hereunder. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid within ten (a) within five (510) days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed of such failure to pay any amount required to be paid by Tenant under this Lease when due, such amounts shall thereafter bear interest from the date when due until paid at a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) the highest rate permitted by applicable lawInterest Rate.

Late Charges. If any installment of Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee (i) within five (5) days after written notice from Landlord that said amount was not paid when due, or (ii) upon the date said amount is due, or if Tenant has previously received two (2) or more notices from any check delivered to Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when dueshall be returned for insufficient funds, then Tenant shall pay to Landlord a late charge equal to six five percent (65%) of the overdue amount plus due. In addition to the late charge, in the event any attorneys’ fees incurred by Landlord by reason check is returned for insufficient funds, Tenant shall pay to Landlord, as Additional Rent, the sum of Tenant’s failure to pay Rent and/or other charges when due hereunder$50.00. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s 's other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s 's remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid (a) within five (5) days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, due shall thereafter bear interest from the date when due until paid at a rate per annum equal to the lesser of ten percent (x10%) the annual “Bank Prime Loan” rate cited per annum, provided that in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant no case shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) higher than the highest rate permitted by applicable law. In the event that more than one (1) check of Tenant is returned for insufficient funds in any twelve (12) month period, Landlord shall have the right to require that any or all subsequent payments by Tenant to Landlord be in the form of cash, money order, cashier's or certified check drawn on an institution acceptable to Landlord, notwithstanding any prior practice of accepting payments in any different form.

Late Charges. If Tenant recognizes that late payment of any installment Base Rent, Additional Charges or Additional Rent (defined below) will result in administrative expenses to Landlord, the extent of which additional expense is extremely difficult and economically impractical to ascertain. Tenant therefore agrees that if any Base Rent, Additional Charges, or Additional Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee (i) within five (5) days after written notice from Landlord that said amount was is not paid when due, the amount of such unpaid Base Rent, Additional Charges or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required Additional Rent shall be increased by a late charge to be paid by Tenant under this Lease when due, then Tenant shall pay to Landlord a late charge by Tenant, as an Additional Charge, in an amount equal to five percent (5%) (or such greater amount not to exceed six percent (6%) as may be charged by the Mortgagee for a late payment of a monthly Mortgage payment) of the overdue amount plus any attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay Rent and/or other charges when due hereunderthe delinquent Base Rent, Additional Charges or Additional Rent. The Notwithstanding the foregoing, no such late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition imposed with respect to the late charge described abovefirst such non-payment during any calendar year of the Term, any Rent or other amounts owing hereunder which are not paid unless such non-payment continues uncured for a period of three (a) within five (53) days after written notice thereof from Landlord to Tenant. Tenant agrees that said amount was such late charge is a reasonable estimate of the loss and expense to be suffered by Landlord as a result of such late payment by Tenant and may be charged by Landlord to defray such loss and expense. In addition, any outstanding Base Rent, Additional Charges, Additional Rent and late charges shall accrue interest at an annualized rate of the greater of (i) ten percent (10%) or (ii) the Prime Rate as published on the date such Base Rent, Additional Charges, Additional Rent or late charges became due plus four percent (4%), but in no event greater than the maximum rate allowed by law (the “Default Rate”), until paid to Landlord. The provisions of this Section 3(d) shall not paid when relieve Tenant of the obligation to pay Base Rent, Additional Charges or Additional Rent on or before the date on which they are due, or (bin any way affect Landlord’s remedies pursuant to Section 21(b) upon the date said amount is if any Base Rent, Additional Charges or Additional Rent are unpaid after they are due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, shall bear interest from the date when due until paid at a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) the highest rate permitted by applicable law.

Late Charges. If any installment of Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee (i) within five (5) days after written notice from Landlord that said amount was not paid when due, or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed Lessee should fail to pay any amount required to be paid by Tenant the Lessee under this Lease Agreement when duedue to the Port Authority, then Tenant shall pay including without limitation any payment of rental or any payment of utility or other charges or if any such amount is found to Landlord be due as the result of an audit, then, in such event, the Port Authority may impose (by statement, bill or otherwise) a late charge with respect to each such unpaid amount for each late charge period (hereinbelow described) during the entirety of which such amount remains unpaid, each such late charge not to exceed an amount equal to six eight tenths of one percent of such unpaid amount for each late charge period. There shall be twenty-four late charge periods on a calendar year basis; each late charge period shall be for a period of at least fifteen (6%15) calendar days except one late charge period each calendar year may be for a period of less than fifteen (but not less than thirteen) calendar days. Without limiting the generality of the overdue foregoing, late charge periods in the case of amounts found to have been owing to the Port Authority as the result of Port Authority audit findings shall consist of each late charge period following the date the unpaid amount plus any attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay Rent and/or other charges when due hereundershould have been paid under this Agreement. The Each late charge shall be payable immediately upon demand made at any time therefor by the Port Authority. No acceptance by the Port Authority of payment of any unpaid amount or of any unpaid late charge amount shall be deemed Additional Rent and a waiver of the right of the Port Authority of payment of any late charge or late charges payable under the provisions of this Section with respect to require it such unpaid amount. Each late charge shall be and become additional rent, recoverable by the Port Authority in addition to all the same manner and with like remedies as if it were originally a part of Landlord’s other rights and remedies hereunder the rental. Nothing in this Section is intended to, or at law and shall not be construed as liquidated damages deemed to, affect, alter, modify or as limiting Landlord’s remedies diminish in any mannerway (i) any rights of the Port Authority under this Agreement, including without limitation the Port Authority's rights set forth in Section 20 hereof entitled "Termination by the Port Authority" or (ii) any obligations of the Lessee under this Agreement. In addition to the event that any late charge described aboveimposed pursuant to this Section shall exceed a legal maximum applicable to such late charge, any Rent or other amounts owing hereunder which are not paid (a) within five (5) days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant then in such event such charge payable under this Lease when due, Agreement shall bear interest from the date when due until paid be payable instead at a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) the highest rate permitted by applicable lawlegal maximum.

Late Charges. If Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which is extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by the terms of any mortgage or deed of trust covering the Premises. Accordingly, if any installment of Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee within ten (i) within five (510) days after written Tenant’s receipt of notice from Landlord that said amount was not paid when due, or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when dueoverdue, then Tenant shall pay to Landlord a late charge equal to six $400; provided, however, that if such failure of receipt within such time occurs three (3) or more times in any twelve (12) month period, then for such third and any subsequent occurrence in such twelve (12) month period the late charge shall be the greater of $1,000 or two percent (62%) of the overdue amount plus any attorneys’ fees incurred by due. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of the late payment of Rent by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s failure default with respect to pay Rent and/or such overdue amount, nor prevent Landlord from exercising any of the other charges when due rights and remedies granted hereunder. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid (a) within five (5) days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, they are due shall thereafter bear interest from (commencing as of the date when due notwithstanding the foregoing five (5) day grace period) until paid at a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) the highest rate permitted by applicable lawInterest Rate.

Late Charges. If Tenant recognizes that late payment of any installment of Rent or Additional Charges will result in administrative expenses to Landlord, the extent of which additional expense is extremely difficult and economically impractical to ascertain. Tenant therefore agrees that if any other sum due from Rent or Additional Charges remain unpaid ten (10) days after such amount is due, the amount of such unpaid Rent or Additional Charges shall be increased by a late charge to be paid to Landlord by Tenant in an amount equal to four percent (4%) of the amount of the delinquent Rent or Additional Charges. Tenant shall be excused once each twelve (12) month period of the Term from the application of a late fee to any Rent or Additional Charge which became delinquent without a prior written invoice or other notice of Landlord; provided, however, the late fee shall nevertheless be payable if Tenant does not be received by Landlord or Landlord’s designee cure the delinquency within ten (i) within five (510) days after written notice from Landlord Landlord. In addition, any outstanding Rent, Additional Charges, late charges and other outstanding amounts shall accrue interest at an annualized rate of the greater of, 10% or The Federal Reserve Discount Rate plus 5%, until paid to Landlord. Tenant agrees that said amount was not paid when due, or (ii) upon the date said such amount is due, if Tenant has previously received two (2) or more notices from Landlord during a reasonable estimate of the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required loss and expense to be paid suffered by Landlord as a result of such late payment by Xxxxxx and may be charged by Landlord to defray such loss and expense. The provisions of this Paragraph 3(d) in no way relieve Tenant under this Lease when due, then Tenant shall pay to Landlord a late charge equal to six percent (6%) of the overdue amount plus any attorneys’ fees incurred by Landlord by reason of Tenant’s failure obligation to pay Rent and/or other charges when due hereunder. The late charge shall be deemed or Additional Rent and Charges on or before the right to require it shall be in addition to all date on which they are due, nor do the terms of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies this Paragraph 3(d) in any manner. In addition way affect Xxxxxxxx's remedies pursuant to Paragraph 19 in the late charge described above, event any Rent or other amounts owing hereunder which Additional Charges are not paid (a) within five (5) days unpaid after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, shall bear interest from the date when due until paid at a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) the highest rate permitted by applicable law.

Late Charges. If Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent or Additional Rent due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing, administration and accounting charges and late charges which may be imposed on Landlord by the terms of any encumbrance covering the Premises. Accordingly, if any installment of Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee (i) within five (5) business days after written following Tenant’s receipt of notice from Landlord that said amount was not paid when due, or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when past due, then Tenant shall pay to Landlord a late charge equal to six the greater of (i) five percent (65%) of the overdue amount (ii) two Hundred Fifty Dollars ($250.00), plus any actual and reasonable attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay Rent and/or other charges when due hereunder. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid within ten (a) within five (510) days after written following Tenant’s receipt of notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, are past due shall bear interest from the date when due until paid at a rate per annum equal to the lesser of (xi) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication Publication H.15(519), published weekly on the first Tuesday of each calendar month (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (yii) the highest rate permitted by applicable law.

Late Charges. If Tenant fails to pay, when the same is due and payable, any Rent, Additional Rent or Other Charges, such unpaid amounts shall bear interest at the rate of two percent (2%) per month from the date due to the date of payment, unless such amount would violate any applicable usury law, in which event such unpaid amounts shall bear interest at the highest rate then allowed by law. In addition to such interest, Tenant acknowledges that the late payment by Tenant of any installment of Rent, Additional Rent or Other Charges will cause Landlord to incur certain costs and expenses not contemplated under this Lease, the exact amount of such costs being extremely difficult or impractical to fix. Such costs and expenses will include, without limitation, administrative and collection costs, and processing and accounting expenses. Therefore, if any other sum due from Tenant shall Rent, Additional Rent or Other Charge installment is not be received by Landlord or Landlord’s designee from Tenant by the fifth (i5th) within five (5) days day after written notice from Landlord that said amount was not paid when due, or (ii) upon the date said amount such installment is due, if Tenant has previously received two (2) or more notices from Landlord during shall immediately pay to Landlord, in addition to the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when installment due, then Tenant shall pay to Landlord a late charge equal to six twelve percent (612%) of the overdue amount plus any attorneys’ fees incurred such installment. Landlord and Tenant agree that this late charge represents a reasonable estimate of such costs and expenses and is fair compensation to Landlord for its loss and expense suffered by Landlord such nonpayment by reason Tenant. Acceptance of this late charge shall not constitute a waiver of Tenant’s failure default with respect to pay Rent and/or other charges when due hereunder. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to such nonpayment by Tenant nor prevent Landlord from exercising all of Landlord’s other rights and remedies hereunder or at law available to Landlord under this Lease. Landlord shall apply payments made by Tenant first to accrued charges, interest and shall not be construed as liquidated damages or as limiting Landlord’s remedies rent in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid following order: (a) within five (5) days after written notice from Landlord that said amount was not paid when due, or Late Charges; (b) upon interest; (c) Rent; Other Charges and Additional Rent; and (d) any balance remaining to current Rent, Other Charges, and Additional Rent. Notwithstanding anything in this Section 7 to the date said amount is duecontrary, if provided Tenant has previously received one pays all sums due hereunder by electronic funds transfer, Landlord shall waive the first (1Pt) or more notices from Landlord late charge that may be incurred by Tenant during the immediately preceding any twelve (12) month period stating that Tenant failed to pay any during the Lease Term, provided the unpaid amount required to be is in fact paid in full by Tenant under this Lease when on or before the fifteenth (15th) day of the month in which any such payment is due, shall bear interest from the date when due until paid at a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) the highest rate permitted by applicable law.

Late Charges. If Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which is extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by the terms of any mortgage, deed of trust, or ground or underlying lease covering the Premises. Accordingly, if any installment of Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee (i) within five (5) days after written notice from Landlord that said amount was not paid when due, or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, then Tenant shall pay to Landlord a late charge equal to six five percent (65%) of the overdue amount plus any attorneys’ fees incurred by due. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of the late payment of Rent by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s failure default with respect to pay Rent and/or such overdue amount, nor prevent Landlord from exercising any of the other charges when due rights and remedies granted hereunder. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. Tenant hereby agrees that if Tenant is subject to a late charge for two (2) consecutive months, or three (3) months in any twelve (12) month period, then within ten (10) days after request by Landlord, Tenant shall increase the Security Deposit by an amount equal to two (2) additional monthly installments of Base Rent. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid within three (a) within five (53) days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, they are due shall thereafter bear interest from the date when due until paid at a rate per annum equal to the lesser of (xi) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519)twelve percent (12%) per annum, published weekly or (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (yii) the highest rate permitted by applicable lawLaws.

Late Charges. If Tenant's failure to promptly pay sums due under this Lease may cause Landlord to incur unanticipated costs. The exact amount of those costs is impractical or extremely difficult to ascertain. The costs may include, but are not limited to, processing and accounting charges and late charges which may be imposed on Landlord by any installment ground lease or deed of Rent trust encumbering the Demised Premises. Payments due to Landlord under this Lease are not an extension of credit. Therefore, if any payment under the Lease is not actually received on or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee (i) within before five (5) days after written notice from the due date (and not merely deposited in the mail), Landlord that said may, at Landlord's option and to the extent allowed by applicable law, impose a Late Charge on any late payments in an amount was not paid when dueequal to one-half of one percent (.5%) of the amount of the past due payment (the "Late Charge") per day for each day after the due date, or until the past due amount in Good Funds is received by Landlord, up to a maximum of ten percent (ii10%) upon of the date said amount is due, if Tenant has previously received two (2) or more notices from past due amount. A Late Charge may be imposed only once on each past due payment. Any Late Charge will be in addition to Landlord's other remedies for nonpayment of rent. If any check tendered to Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when dueis dishonored for any reason, then Tenant shall pay to Landlord the party receiving payments under this Lease a late charge equal to six percent fee of twenty-five dollars (6%$25.00), plus (at Landlord's option) a Late Charge as provided above until good funds are received by Landlord. The parties agree that any Late Charge and dishonored check fee represent a fair and reasonable estimate of the overdue amount plus any attorneys’ fees incurred by costs Landlord will incur by reason of Tenant’s failure the late payment or dishonored check. Payments received from Tenant shall be applied first to any Late Charges, second to Base Rent, and last to other unpaid charges or reimbursements due to Landlord. Notwithstanding the foregoing, Landlord will not impose a Late Charge as to the first late payment in any calendar year, unless Tenant fails to pay Rent and/or other charges when due hereunder. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid payment to Landlord within three (a3) within five (5) business days after the delivery of a written notice from Landlord that said amount was not paid when dueto Tenant demanding the late payment be paid. However, or (b) upon the date said amount is due, if Landlord may impose a Late Charge without advance notice to Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay on any amount required to be paid by Tenant under this Lease when due, shall bear interest from the date when due until paid at a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited subsequent late payment in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) the highest rate permitted by applicable lawsame calendar year.

Late Charges. If Tenant hereby acknowledges that late payment by Tenant to Landlord of Base Monthly Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which is extremely difficult to ascertain. Such costs include but are not limited to: administrative, processing, accounting, and late charges which may be imposed on Landlord by the terms of any contract, revolving credit, mortgage, or trust deed covering the Premises. Accordingly, if any installment of Base Monthly Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s its designee (i) within five (5) business days after Tenant receives written notice from Landlord that said such amount was not paid when received by Landlord on the date such rent was due, or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, then Tenant shall pay to Landlord a late charge equal to six percent five (65%) percent of the such overdue amount plus any attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay Rent and/or other charges when due hereunder. The amount, which late charge shall be deemed Additional Rent due and payable on the right same date that the overdue amount was due; provided, however, that Tenant shall only receive one such written notice in any 12-month period, and thereafter, the late charge shall accrue five (5) business days after the date payment of rent was due without the requirement of such written notice. The parties agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant, excluding interest and attorneys' fees and costs. Notwithstanding the foregoing, upon the first failure of Tenant to require it make timely payment in any calendar year of the Term, Tenant shall not be liable for such late charge if Tenant pays such overdue amount to Landlord within three (3) business days after receipt of written notice that such amount was not received when due. If any rent or other sum due from Tenant remains delinquent for a period in excess of thirty (30) days then, in addition to all such late charge, Tenant shall pay to Landlord interest on any rent that is not paid when due at the Agreed Interest Rate specified in Section 19.J following the date such amount became due until paid. Acceptance by Landlord of Landlord’s such late charge shall not constitute a waiver of Tenant's default with respect to such overdue amount nor prevent Landlord from exercising any of the other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any mannergranted hereunder. In addition the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Monthly Rent, then the Base Monthly Rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding any provision of this Lease to the late charge described above, any Rent or other amounts owing hereunder which are not paid (a) within five (5) days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, shall bear interest from the date when due until paid at a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) the highest rate permitted by applicable lawcontrary.

Late Charges. If TENANT hereby acknowledges that late payment by TENANT to LANDLORD of rent and other sums due hereunder will cause LANDLORD to incur costs not contemplated by this Lease, the exact amount of which will be impractical or extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges and late charges which may be imposed on LANDLORD by the terms of the trust deed encumbering the Premises. Accordingly, if any installment of Rent rent or any other sum due from Tenant TENANT shall not be received by Landlord or Landlord’s designee (i) LANDLORD within five (5) days after written notice from Landlord that said such amount was not paid when shall be due, or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, then Tenant TENANT shall pay to Landlord LANDLORD a late charge equal to six percent (6%) 10% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the overdue amount plus any attorneys’ fees incurred by Landlord costs LANDLORD will incur by reason of Tenant’s failure late payment. TENANT acknowledges that the aforesaid amount of 10% is not a penalty, but is an amount that is acknowledged by the parties as the amount representing the liquidated damages that LANDLORD will suffer as a result of the late payment, taking into consideration all facts and circumstances known to pay Rent and/or other charges when due hereunderthe parties at this time and represents a fair and reasonable estimate of the costs the LANDLORD will incur by reason of the late payment. The parties further agree that proof of actual damage would be costly or inconvenient. The late charge shall be deemed considered Additional Rent as defined in Paragraph 4 of this Lease, and the right to require it shall be in addition to all of LandlordLANDLORD’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any mannerlaw. In addition to the late charge described aboveherein, any Rent Monthly Basic Rent, or other amounts owing hereunder owed by TENANT to LANDLORD which are not paid (a) within five (5) days after written notice from Landlord that said amount was not paid when due, on or (b) upon before the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when they are due, shall thereafter bear interest from the date when due until paid in full at a rate per annum equal to the lesser of twelve percent (x12%) the annual “Bank Prime Loan” rate cited per annum, provided that in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant no event shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) exceed the highest rate permitted by applicable law.. The Late Charge and interest payable hereunder shall be considered Rent. If TENANT’s check is returned by the bank, in addition to the late charge of 10% as specified above, TENANT shall also pay to LANDLORD the charge made by the bank for the returned check and LANDLORD’s return check charge of $15.00 per check returned. Notwithstanding anything to the contrary in this Xxxxxxxxx 0, XXXXXXXX shall not impose interest or late charges unless 3 days’ prior written notice has been given to TENANT of late rent; provided further, that such notice shall only be required once in every 12 month period. LANDLORD’s Initials: TENANT’s Initials: TENANT’s Initials:

Late Charges. If Any and all sums or charges set forth in this Section 8 are considered part of Additional Rent. Tenant acknowledges that late payment (more than five (5) days after such amounts are delinquent) by Tenant to Landlord of Base Rent, Tenant’s Share of Operating Expenses, Tax Expenses, Common Area Utility Costs, and Utility Expenses or other sums due hereunder, will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impracticable to fix. Such costs include, without limitation, processing and accounting charges, and late charges that may be imposed on Landlord by the terms of any note secured by any encumbrance against the Premises, and late charges and penalties due to the late payment of real property taxes on the Premises. No late charges shall be imposed until after Tenant has, on three (3) occasions, timely failed to pay Rent or other sums due hereunder and thereafter, if any installment of Rent or any other sum due from Tenant shall is not be received by Landlord or Landlord’s designee (i) within five (5) days after written notice from Landlord that said amount was not paid when due, or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, then Tenant shall promptly pay to Landlord a late charge all of the following, as applicable: (a) an additional sum equal to six seven and one-half percent (67.5%) of such delinquent amount. If Tenant delivers to Landlord a check for which there are not sufficient funds, Landlord may, at its sole option, require Tenant to replace such check with a cashier’s check for the overdue amount plus any attorneys’ fees incurred by of such check. The parties agree that this late charge and the other charges referenced above represent a fair and reasonable estimate of the costs that Landlord will incur by reason of late payment by Tenant. Acceptance of any late charge or other charges shall not constitute a waiver by Landlord of Tenant’s failure default with respect to pay Rent and/or other charges when due hereunder. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all delinquent amount, nor prevent Landlord from exercising any of Landlord’s the other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in available to Landlord for any mannerother breach of Tenant under this Lease. In addition to the If a late charge described above, any Rent or other amounts owing hereunder which are not paid charge becomes payable for any three (a3) installments of Rent within five (5) days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding any twelve (12) month period stating that Tenant failed to pay any amount required to period, then Landlord, at Landlord’s sole option, can either require the Rent be paid quarterly in advance, or be paid monthly in advance by Tenant under this Lease when due, shall bear interest from the date when due until paid at a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly (cashier’s check or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) the highest rate permitted by applicable lawelectronic funds transfer.

Late Charges. If any installment of Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee (i) within five (5) business days after following the due date for Base Rent (provided, however, Landlord shall be required to give written notice from Landlord to Tenant of such failure once in any twelve month period, after which the late charge shall apply without notice), or within five (5) business days following written notice that said such amount was not paid when due, or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant due for Additional Rent and other sums which may become due under this Lease when dueLease, then Tenant shall pay to Landlord a late charge equal to six five percent (65%) of the overdue amount plus amount; provided however, that Landlord hereby agrees to waive the first such late charge in any attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay Rent and/or other charges when due hereunder12 month period. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s 's other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s 's remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid (a) within five (5) business days after following the due date for Base Rent, or within five (5) business days following written notice from Landlord that said such amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant due for Additional Rent and other sums which may become due under this Lease when due, shall bear interest from the date when due until paid at a an annual interest rate per annum equal to the lesser of Prime Rate (x) as stated under the annual “Bank Prime Loan” rate cited column "Money Rates" in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be publishedTHE WALL STREET JOURNAL) plus four percent (4) percentage points%); provided, and (y) however, in no event shall such annual interest rate exceed the highest annual interest rate permitted by applicable lawApplicable Law.

Late Charges. If Tenant's failure to promptly pay sums due under this Lease may cause Landlord to incur unanticipated costs. The exact amount of those costs is impractical or extremely difficult to ascertain. The costs may include, but are not limited to, processing and accounting charges and late charges which may be imposed on Landlord by any installment ground lease or deed of Rent trust encumbering the Demised Premises. Payments due to Landlord under this Lease are not an extension of credit. Therefore, if any payment under the Lease is not actually received on or before the due date (and not merely deposited in the mail), Landlord may at Landlord's option and to the extent allowed by applicable law, impose a LATE Charge on any other sum late payments in an amount equal to one-half of one percent (0.5%) of the amount of the past due from Tenant shall not be payment (the "Late Charge") per day for each day after the due date, until the past due amount in Good Funds is received by Landlord or up to a maximum of fifteen percent (15%) of the past due amount. A Late Charge may be imposed only once on each past due payment. Any Late Charge will be in addition to Landlord’s designee (i) within five (5) days after written notice from 's other remedies for nonpayment of rent. If any check tendered to Landlord that said amount was not paid when due, or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when dueis dishonored for any reason, then Tenant shall pay to Landlord the party receiving payments under this Lease a late charge equal to six percent fee of thirty-five dollars (6%$35.00). plus ( at Landlord's option) a Late Charge as provided above until good funds are received by Landlord. The parties agree that any Late Charge and dishonored check fee represent a fair and reasonable estimate of the overdue amount plus any attorneys’ fees incurred by costs Landlord will incur by reason of Tenant’s failure the late payment or dishonored check. Payments received from Tenant shall be applied first to pay Rent and/or any Late Charges, second to other unpaid charges when or reimbursements due hereunderto Landlord and last to base rent. The Landlord agrees to notify Tenant of non-receipt of rental payment prior to charging a late fee. However, such notice shall not effect accrual of late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid (a) within five (5) days after written notice from Landlord that said amount was not paid when due, or (b) upon effective the date said amount rent is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, shall bear interest from the date when due until paid at a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) the highest rate permitted by applicable law.

Late Charges. If Tenant recognizes that late payment of any installment of Base Rent or Additional Charges will result in administrative expenses to Landlord, the extent of which additional expense is extremely difficult and economically impractical to ascertain. Tenant therefore agrees that if any other sum due from Base Rent or Additional Charges remain unpaid three (3) days after such amount is due, the amount of such unpaid Base Rent or Additional Charges shall be increased by a late charge to be paid to Landlord by Tenant in an amount equal to four percent (4%) of the amount of the delinquent Base Rent or Additional Charges. Tenant shall be excused once each twelve (12) month period of the Term from the application of a late fee to any Base Rent or Additional Charge which became delinquent without a prior written invoice or other notice of Landlord of such delinquency; provided, however, the late fee shall nevertheless be payable if Tenant does not be received by Landlord or Landlord’s designee cure the delinquency within ten (i) within five (510) days after written notice from Landlord that said amount was not paid when dueLandlord. In addition,, any outstanding Base Rent, Additional Charges, late charges and other outstanding amounts shall accrue interest at an annualized rate of the lesser of (i) the greater of, 10% or The Federal Reserve Discount Rate plus 5%, or (ii) upon the date said maximum rate permitted by law (the “Default Rate”), until paid to Landlord. Tenant agrees that such amount is due, if Tenant has previously received two (2) or more notices from Landlord during a reasonable estimate of the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required loss and expense to be paid suffered by Landlord as a result of such late payment by Tenant under and may be charged by Landlord to defray such loss and expense. The provisions of this Lease when due, then Paragraph 3(d) in no way relieve Tenant shall pay to Landlord a late charge equal to six percent (6%) of the overdue amount plus any attorneys’ fees incurred by Landlord by reason of Tenant’s failure obligation to pay Rent and/or other charges when due hereunder. The late charge shall be deemed or Additional Rent and Charges on or before the right to require it shall be date on which they are due, nor do the terms of this Paragraph 3(d) in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting any way affect Landlord’s remedies pursuant to Paragraph 19 in the event any manner. In addition to the late charge described above, any Base Rent or other amounts owing hereunder which Additional Charges are not paid (a) within five (5) days unpaid after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, shall bear interest from the date when due until paid at a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) the highest rate permitted by applicable law.

Late Charges. Tenant’s failure to promptly pay sums due under this Lease may cause Landlord to incur unanticipated costs. The exact amount of those costs is impractical or extremely difficult to ascertain. The costs may include, but are not limited to, processing and accounting charges and late charges which may be imposed on Landlord by any ground lease or deed of trust encumbering the Demised Premises. Payments due to Landlord under this Lease are not an extension of credit. Therefore, if any payment under the Lease is not actually received on or before the due date (and not merely deposited in the mail), Landlord may, at Landlord’s option and to the extent allowed by applicable law, impose a Late Charge of $50.00 plus on any late payments in an amount equal to 0.5% of the amount of the past due payment (the “Late Charge”) per day for each day after the due date, until the past due amount in Good Funds is received by Landlord, up to a maximum of seventeen percent (17%) of the past due amount. A Late Charge may be imposed only once on each past due payment. Any Late Charge will be in addition to Landlord’s other remedies for nonpayment of rent. If any installment of Rent or any other sum due from Tenant shall not be received by check tendered to Landlord or Landlord’s designee (i) within five (5) days after written notice from Landlord that said amount was not paid when due, or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when dueis dishonored for any reason, then Tenant shall pay to Landlord the party receiving payments under this Lease a late charge equal to six percent fee of one hundred dollars (6%$100.00), plus (at Landlord’s option) a Late Charge as provided above until good funds are received by Landlord. The parties agree that any Late Charge and dishonored check fee represent a fair and reasonable estimate of the overdue amount plus any attorneys’ fees incurred by costs Landlord will incur by reason of Tenant’s failure the late payment or dishonored check. Payments received from Tenant shall be applied first to any Late Charges, second to Base Rent, and last to other unpaid charges or reimbursements due to Landlord. Notwithstanding the foregoing, Landlord will not impose a Late Charge as to the first late payment in any calendar year, unless Tenant fails to pay Rent and/or other charges when due hereunder. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid payment to Landlord within three (a3) within five (5) business days after the delivery of a written notice from Landlord that said amount was not paid when dueto Tenant demanding the late payment be paid. However, or (b) upon the date said amount is due, if Landlord may impose a Late Charge without advance notice to Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay on any amount required to be paid by Tenant under this Lease when due, shall bear interest from the date when due until paid at a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited subsequent late payment in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) the highest rate permitted by applicable lawsame calendar year.

Late Charges. If Each party hereby acknowledges that late payment by the other of Rent or other sums due hereunder will cause such party to incur costs not contemplated by this Lease, the exact amount of which is extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by the terms of any mortgage, deed of trust, or ground or underlying lease covering the Premises. Accordingly, if any installment of Rent or any other sum due from Tenant either party shall not be received by Landlord or Landlord’s designee (i) the other within five (5) business days after written notice from Landlord that said amount was not paid when is over due, or then the defaulting party shall pay to the other a late charge equal to two percent (ii2.0%) upon of the date said amount is due, if Tenant has previously received two provided that three (23) or more notices from Landlord during the immediately preceding times in any twenty-four (24) month period stating that Tenant failed period, Landlord shall first deliver a second five (5) business day notice prior to pay any amount required to be paid by Tenant under this Lease when due, then Tenant shall pay to Landlord a such late charge equal to six percent (6%) becoming due. The parties hereby agree that such late charge represents a fair and reasonable estimate of the overdue amount plus any attorneys’ fees costs that will be incurred by Landlord by reason of Tenant’s failure such late payment. Acceptance of such late charge shall in no event constitute a waiver of any default with respect to pay Rent and/or such overdue amount, nor prevent the non-defaulting party from exercising any of the other charges when due rights and remedies granted hereunder. The Any late charge owed by Tenant shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s 's other rights and remedies hereunder or at law and shall not be construed as liquidated other than for damages or as limiting Landlord’s remedies in any mannerfor the late payment of Rent. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid (a) within five (5) business days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, same are over due shall thereafter bear interest from the date when due until paid at a rate (the "Interest Rate") per annum equal to the lesser of Xxxxx Fargo Bank (xor other "money center" national bank reasonably selected by Landlord) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519"reference rate" or "base rate" publicly announced from time to time, plus two percent (2%), published weekly (or such other comparable index as Landlord and Tenant provided that in no case shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) higher than the highest rate permitted by applicable law.

Late Charges. If Tenant hereby acknowledges that late payment by ------------ Tenant to Landlord of Base Rent, Tenant's Share of Operating Expenses or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Industrial Center. Accordingly, if any installment of Rent Base Rent, Operating Expenses or any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within ten (i) within five (510) days after written notice from Landlord that said such amount was not paid when shall be due, or (ii) upon the date said amount is duethen, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed without any requirement for notice to pay any amount required to be paid by Tenant under this Lease when dueTenant, then Tenant shall pay to Landlord a late charge equal to six percent (6%) % of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the overdue amount plus any attorneys’ fees incurred by costs Landlord will incur by reason of late payment by Tenant’s failure to pay Rent and/or other charges when due hereunder. The Acceptance of such late charge by Landlord shall be deemed Additional Rent and in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the right to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and granted hereunder. Notwithstanding the foregoing provisions of Paragraph 13.4, the 6% late charge described in Paragraph 13.4 shall not be construed as liquidated damages imposed with respect to the first or as limiting Landlord’s remedies second late payment in any manner. In addition to calendar year unless the late charge described above, any Rent applicable payment due from Tenant is not received by Landlord or other amounts owing hereunder which are not paid Landlord's designee within ten (a) within five (510) days after following written notice from Landlord that said amount such payment was not paid received when due, or (b) upon . Following the date said amount is due, if Tenant has previously received one (1) or more notices second such written notice from Landlord during the immediately preceding twelve in any calendar year (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, shall bear interest from the date when due until paid at a rate per annum equal to the lesser and regardless of (x) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519whether such payment is then received within such 10-day period), published weekly a late charge will be imposed without notice for any subsequent payment due from Tenant during such calendar year which is not received within ten (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published10) plus four (4) percentage points, and (y) the highest rate permitted by applicable lawdays of its due date.

Late Charges. If Tenant hereby acknowledges that late payment by Tenant to Landlord of Base Monthly Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, administrative, processing, accounting charges, and late charges, which may be imposed on Landlord by the terms of any contract, revolving credit, mortgage or trust deed covering the Premises. Accordingly, if any installment of Base Monthly Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee (i) within five (5) days after written notice from Landlord that said amount was not paid when due, or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, then Tenant shall pay to Landlord a late charge equal to six percent five (65%) percent of the such overdue amount plus any attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay Rent and/or other charges when due hereunder. The which late charge shall be deemed Additional Rent due and payable on the right same date that the overdue amount in question was due. Xxxxxxxx agrees to require it shall be waive said late charge in addition to the event all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies amounts set forth in any manner. In addition notice served upon Tenant by Landlord to pay rent or quit in connection with the late charge described above, any Rent or other amounts owing hereunder which overdue amount are not paid (a) in full by cashier's check within five (5) business days after written Xxxxxxxx's service upon Tenant of such notice to quit or pay rent. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Xxxxxx. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from Landlord exercising any of the other rights and remedies granted hereunder. In the event that said amount was a late charge is payable hereunder, whether or not paid when duecollected, or for three (b3) upon consecutive installments of Base Monthly Rent, then the date said amount is dueBase Monthly Rent shall automatically become due and payable quarterly in advance, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay rather than monthly, notwithstanding any amount required to be paid by Tenant under provision of this Lease when due, shall bear interest from the date when due until paid at a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) the highest rate permitted by applicable law.contrary. IT IS FURTHER MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS:

Late Charges. If any installment Monthly Debt Service Payment due hereunder is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment of Rent the Mortgage Loan in full) or any other sum due from Tenant shall Loan Document is not be received by Landlord or Landlord’s designee Lender within ten (i) within five (510) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after written notice from Landlord that said amount was not paid when due, or (ii) upon the date said such amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, then Tenant shall pay to Landlord a late charge equal to six percent (6%) inclusive of the overdue amount plus any attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay Rent and/or other charges when due hereunder. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder date on which are not paid (a) within five (5) days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said such amount is due, if Tenant has previously received one (1) or more notices from Landlord during Borrower shall pay to Lender, immediately without demand by Lender, the immediately preceding twelve (12) month period stating that Tenant failed Late Charge. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to pay Section 2.02(d). Borrower acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; Lender is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any such late payment. Default Rate. Default interest shall be paid as follows: If any amount required to be paid by Tenant under this Lease when duedue in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall bear interest accrue from the date when payment is due at the Default Rate and shall be payable upon demand by Lender. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid at and shall be payable upon demand by Lender. Absent a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited demand by Lender, any such amounts shall be payable by Borrower in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index same manner as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) provided for the highest rate payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by Lender against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. Borrower acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; Lender is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of Borrower’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date).

Late Charges. If any installment of Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee (i) within five (5) days after written notice from Landlord that said amount was not paid when due, or (ii) upon the date said amount is due, if Tenant has previously received two one (21) or more notices from Landlord during the immediately preceding twenty-four twelve (2412) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, then Tenant shall pay to Landlord a late charge equal to six percent (6%) of the overdue amount plus any attorneys’ ' fees incurred by Landlord by reason of Tenant’s 's failure to pay Rent and/or other charges when due hereunder. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s 's other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s 's remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid (aA) within five (5) days after written notice from Landlord that said amount was not paid when due, or (bB) upon the date said amount is due, if Tenant has previously received one (1I) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, shall bear interest from the date when due until paid at a rate per annum equal to the lesser of (x) the annual “"Bank Prime Loan” " rate cited in the Federal Reserve Statistical Release publication H.15(519H.l5(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) the highest rate permitted by applicable law.

Late Charges. If any installment of Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee (i) within five (5) days after written notice from Landlord that said amount was not paid when is due, or (ii) upon the date said amount is due, due if any installment of Rent or other sum due from Tenant has previously not been received two by Landlord or Landlord’s designee within five (25) or days after delivery to Tenant of written notice that the payment is overdue on more notices from Landlord than one (1) prior occasion during the immediately preceding twenty-four twelve (2412) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when dueperiod, then Tenant shall pay to Landlord a late charge equal to six percent (6%) of the overdue amount plus any reasonable attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay Rent and/or other charges when due hereunder. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid (aA) within five (5) days after the date they are due, or (B) upon the date they are due if any Rent or other amounts owing hereunder have not been received by Landlord or Landlord’s designee within five (5) days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received on more than one (1) or more notices from Landlord prior occasion during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when dueperiod, shall bear interest from the date when due until paid at a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) the highest rate permitted by applicable lawApplicable Law.

Late Charges. If any installment of Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee (i) within five (5) business days after written notice from Landlord that said amount was not paid when due, or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, then Tenant shall pay to Landlord a late charge equal to six three percent (63%) of the overdue amount plus any attorneys’ ' fees incurred by Landlord by reason of Tenant’s 's failure to pay Rent and/or other charges when due hereunder; notwithstanding the foregoing to the contrary, Tenant shall be entitled to notice of non-payment and a five (5) business day grace period prior to the imposition of such late charge on the first (1st) occasion in any Lease Year in which any installment of Rent is not timely paid by Tenant. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s 's other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s 's remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid within ten (a) within five (510) days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, they are due shall bear interest from the date when due until paid at a rate (the "Interest Rate") per annum equal to the lesser of (xi) the annual “"Bank Prime Loan” " rate cited in the Federal Reserve Statistical Release publication Publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (yii) the highest rate permitted by applicable lawApplicable Laws.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent or Additional Rent due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing, administration and accounting charges and late charges which may be imposed on Landlord by the terms of any encumbrance covering the Premises. Accordingly, If any installment of Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee (i) within five (5) days after written notice from Landlord that said amount was not paid when due, or (ii) upon the date said amount is due, if Tenant has previously received two (2) or due more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this than once in a Lease when dueYear, then Tenant shall pay to Landlord a late charge equal to six three and one-half percent (63.5%) of the overdue amount plus any attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay Rent and/or other charges when due hereunderamount. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s 's other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s 's remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid within ten (a) within five (510) days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, they are due shall bear interest from the date when due until paid at a rate per annum (the "INTEREST RATE") equal to the lesser of (xi) the annual “Bank Prime Loan” "BANK PRIME LOAN" rate cited in the Federal Reserve Statistical Release publication H.15(519Publication G.13(415), published weekly on the first Tuesday of each calendar month (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four two (42) percentage points, and (yii) the highest rate permitted by applicable law.

Late Charges. If Any and all sums or charges set forth in this Section 8 are considered part of Additional Rent. Tenant acknowledges that late payment (the second day of each month or any time thereafter) by Tenant to Landlord of Rent and all other sums due hereunder, will cause Landlord to incur costs not contemplated by this Lease. Such costs may include, without limitation, processing and accounting charges, and late charges that may be imposed on Landlord by the terms of any note secured by any encumbrance against the Premises, and late charges and penalties due to the late payment of real property taxes on the Premises. Therefore, if any installment of Rent or any other sum due from payable by Tenant shall is not be received by Landlord or Landlord’s designee (i) within five (5) business days after written notice from Landlord that said amount was not paid when dueof the due date, or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, then Tenant shall promptly pay to Landlord a late charge charge, as liquidated damages, in an amount equal to six five percent (65%) of such delinquent amount for the overdue first instance during any calendar year, seven percent (7%) for the second (2nd) instance during any calendar year and ten percent (10%) for the third (3rd) instance in any calendar year in which Landlord does not receive Rent within such five-business-day period plus interest on such delinquent amount at the rate equal to the prime rate plus any attorneys’ fees incurred by three percent (3%) for every month or portion thereof after the first thirty (30) days that such sums remain unpaid. Notwithstanding the foregoing, Landlord waives the late charge for the first (1st) instance during the Term of this Lease in which Tenant fails to timely pay Rent. If Tenant delivers to Landlord a check for which there are not sufficient funds, Landlord may require Tenant to replace such check with a cashier's check for the amount of such check and all other charges payable hereunder. The parties agree that this late charge and the other charges referenced above represent a fair and reasonable estimate of the costs that Landlord will incur by reason of such late payment by Tenant’s failure to pay Rent and/or , excluding attorneys' fees and costs. Acceptance of any late charge or other charges when due hereunder. The late charge shall be deemed Additional Rent and not constitute a waiver by Landlord of Tenant's default with respect to the right to require it shall be in addition to all delinquent amount, nor prevent Landlord from exercising any of Landlord’s the other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in available to Landlord for any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid (a) within five (5) days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by breach of Tenant under this Lease when dueLease. If a late charge becomes payable for three (3) installments of Rent, shall bear interest from then Landlord, at Landlord's sole option, can either require the date when due until Rent be paid at a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited quarterly in the Federal Reserve Statistical Release publication H.15(519), published weekly (advance or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) the highest rate permitted paid monthly in advance by applicable lawcashier's check or by electronic funds transfer.

Late Charges. If the Sublessee should fail to pay any installment amount required under this Sublease when due to the Sublessor, including without limitation any payment of Rent Base Rental, additional or other rental or any payment of utility fees or charges, or other sum charges or fees, or if any such amount is found to be due from Tenant as the result of an audit, then, in such event, the Sublessor or the Port Authority may impose (by statement, xxxx or otherwise) a late charge with respect to each such unpaid amount for each late charge period herein below described during the entirety of which such amount remains unpaid, each such late charge not to exceed an amount equal to eight-tenths of one percent of such unpaid amount for each late charge period. There shall be twenty-four late charge periods during each calendar year; each late charge period shall be for a period of at least fifteen (15) calendar days except one late charge period each calendar year may be for a period of less than fifteen (but not less than thirteen) calendar days. Without limiting the generality of the foregoing, late charge periods in the case of amounts found to have been owing to the Sublessor or the Port Authority as the result of Port Authority audit findings shall consist of each late charge period following the date the unpaid amount should have been paid under this Sublease. Each late charge shall be received payable immediately upon demand made at any time therefore by Landlord the Sublessor or Landlord’s designee the Port Authority. No acceptance by the Sublessor or the Port Authority of payment of any unpaid amount or of any unpaid late charge amount shall be deemed a waiver of the tight of the Sublessor or the Port Authority to payment of any late charge or late charges payable under the provisions of this Section, with respect to such unpaid amount. Each late charge shall be and become additional rent, recoverable by the Sublessor or the Port Authority in the same manner and with like remedies as if it were otiginally a part of the rentals as set forth in this Sublease. Nothing in this Section is intended to, or shall be deemed to, affect, alter modify or diminish in any way (i) within five (5) days after written notice from Landlord that said amount was not paid when dueany rights of the Sublessor or the Port Authority under this Sublease, or (ii) upon any obligations of the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant Sublessee under this Lease when due, then Tenant shall pay to Landlord a Sublease. In the event that any late charge equal imposed pursuant to six percent (6%) of the overdue amount plus any attorneys’ fees incurred by Landlord by reason of Tenant’s failure this Section shall exceed a legal maximum applicable to pay Rent and/or other charges when due hereunder. The such late charge, then, in such event, each such late charge payable under this Sublease shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or payable instead at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid (a) within five (5) days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, shall bear interest from the date when due until paid at a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) the highest rate permitted by applicable lawlegal max1mum.

Late Charges. If Any and all sums or charges set forth in this Section 8 are considered part of Additional Rent. Tenant acknowledges that late payment, defined as payment after the fifth day of each month or any time thereafter (“Late Payment”), by Tenant to Landlord of Rent and all other sums due hereunder, will cause Landlord to incur costs not contemplated by this Lease. Such costs may include, without limitation, processing and accounting charges, and late charges that may be imposed on Landlord by the terms of any note secured by any encumbrance against the Premises, and late charges and penalties due to the late payment of real property taxes on the Premises. Therefore, if any installment of Rent or any other sum due from payable by Tenant shall is not be received by Landlord or Landlord’s designee (i) within five (5) days after written notice from Landlord that said amount was not paid of when due, or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, then Tenant shall promptly pay to Landlord a late charge charge, as liquidated damages, in an amount equal to six five percent (65%) of such delinquent amount. If Late Payment continues beyond the overdue 30th of the month in which due, interest on such delinquent amount shall be due at the rate equal to the prime rate most recently published in the Wall Street Journal plus any two percent (2%) for every month or portion thereof that such sums remain unpaid. If Tenant delivers to Landlord a check for which there are not sufficient funds, Landlord may require Tenant to replace such check with a cashier’s check for the amount of such check and all other charges payable hereunder. The parties agree that this late charge and the other charges referenced above represent a fair and reasonable estimate of the costs that Landlord will incur by reason of such late payment by Tenant, excluding attorneys’ fees incurred and costs. Acceptance of any late charge or other charges shall not constitute a waiver by Landlord by reason of Tenant’s failure default with respect to pay Rent and/or other charges when due hereunder. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all delinquent amount, nor prevent Landlord from exercising any of Landlord’s the other rights and remedies hereunder or at law and available to Landlord for any other breach of Tenant under this Lease. Notwithstanding the foregoing, Landlord shall not be construed as liquidated damages or as limiting Landlord’s remedies impose a late charge on Tenant pursuant to this section the first time Tenant is late in making any payment in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid (a) within five (5) days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating period, provided that Tenant failed to pay any amount required to be paid Landlord may impose a late charge even for such instances if the payment has not been received by Tenant under this Lease when due, shall bear interest from Landlord by the date when due until paid at a rate per annum equal to tenth (10th) of the lesser of (x) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) the highest rate permitted by applicable lawmonth.

Late Charges. If any installment of Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee (i) within five (5) business days after following written notice from that Base Rent, Tenant’s Electricity Cost and/or monthly payments of Tenant’s Share of any Estimated Excess was not paid when due (provided, however, that Landlord shall not be required to give Tenant written notice more than three (3) times in any twelve (12) month period), or within thirty (30) business days following written notice that said such amount was not paid when due, or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay due for any amount required to be paid by Tenant other item of Additional Rent and other sums which may become due under this Lease when dueLease, then Tenant shall pay to Landlord a late charge equal to six three percent (63%) of the overdue amount plus any attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay Rent and/or other charges when due hereunderamount. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid (a) within five (5) business days after following the due date for Base Rent, Tenant’s Electricity Cost and/or monthly payments of Tenant’s Share of any Estimated Excess, or within thirty (30) business days following written notice from Landlord that said such amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay due for any amount required to be paid by Tenant other item of Additional Rent and other sums which may become due under this Lease when due, shall bear interest from the date when due until paid at a an annual interest rate per annum equal to the lesser of Prime Rate (x) as stated under the annual column “Bank Prime LoanMoney Rates” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be publishedThe Wall Street Journal) plus four percent (4) percentage points%); provided, and (y) however, in no event shall such annual interest rate exceed the highest annual interest rate permitted by applicable lawApplicable Law.

Late Charges. If Tenant recognizes that late payment of any installment Base Rent, Additional Charges or Additional Rent (defined below) will result in administrative expenses to Landlord, the extent of which additional expense is extremely difficult and economically impractical to ascertain. Tenant therefore agrees that if any Base Rent, Additional Charges, or Additional Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee remains unpaid three (i) within five (53) days after the date of written notice from Landlord that said Landlord, the amount was not paid when dueof such unpaid Base Rent, Additional Charges or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required Additional Rent shall be increased by a late charge to be paid by Tenant under this Lease when due, then Tenant shall pay to Landlord a late charge by Tenant, as an Additional Charge, in an amount equal to five percent (5%) (or such greater amount not to exceed six percent (6%) as may be charged by the Mortgagee for a late payment of a monthly Mortgage payment) of the overdue amount plus of the delinquent Base Rent, Additional Charges or Additional Rent. Notwithstanding the foregoing, Landlord shall not be required to provide such notice more than two (2) times during any attorneys’ fees incurred two (2) year period during the Term, the late charge accruing with respect to the third such non-payment from the date which is three (3) days after the due date of such amount without the requirement of notice from Landlord. Tenant agrees that such amount is a reasonable estimate of the loss and expense to be suffered by Landlord as a result of such late payment by reason of Tenant’s failure Tenant and may be charged by Landlord to pay Rent and/or other charges when due hereunderdefray such loss and expense. The late charge shall be deemed In addition, any outstanding Base Rent, Additional Charges, Additional Rent and late charges shall accrue interest at an annualized rate of the right greater of (i) ten percent (10%) or (ii) the Prime Rate as published on the last day of whichever of said three (3) day periods is applicable plus four percent (4%), but in no event greater than the maximum rate allowed by law (the “Default Rate”), until paid to require it shall be in addition to all Landlord. The provisions of Landlord’s other rights and remedies hereunder or at law and this Section 3(e) shall not be construed as liquidated damages relieve Tenant of the obligation to pay Base Rent, Additional Charges or as limiting Additional Rent on or before the date on which they are due, or in any way affect Landlord’s remedies in pursuant to Section 21(b) if any manner. In addition to the late charge described aboveBase Rent, any Additional Charges or Additional Rent or other amounts owing hereunder which are not paid (a) within five (5) days unpaid after written notice from Landlord that said amount was not paid when they are due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, shall bear interest from the date when due until paid at a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) the highest rate permitted by applicable law.

Late Charges. If any installment of Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee (i) within five (5) business days after written notice from Landlord that said amount was not paid when due, or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, then Tenant shall pay to Landlord a late charge equal to six three percent (63%) of the overdue amount amount, but not in excess of Twenty-Five Thousand Dollars ($25,000), plus any reasonable attorneys’ ' fees incurred by Landlord by reason of Tenant’s 's failure to pay Rent and/or other charges when due hereunder. Notwithstanding the foregoing, Landlord agrees to waive said late charge on the first occasion of such late payment of Rent during any consecutive twelve (12) calendar month period. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s 's other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s 's remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid within ten (a10) within five (5) business days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, they are due shall bear interest from the date when due until paid at a rate per annum (the "Default Rate") equal to the lesser of (xi) the annual “"Bank Prime Loan” " rate cited in the Federal Reserve Statistical Release publication H.15(519Publication G.13(415), published weekly on the first Tuesday of each calendar month (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four two (42) percentage points, and (yii) the highest rate permitted by applicable law.Applicable Law. 788288.01/WLA 375755-00007/8-9-18//ejw -39- CXXXXXX HIGHLINE 1000 Xxxxxxx Xxxxxx [Building 2] Roku, Inc.

Late Charges. If Any and all sums or charges set forth in this Section 7 will be paid as Additional Rent. Tenant acknowledges that late payment (the fifth (5th) day of each month or any time thereafter) by Tenant to Landlord of Rent and all other sums due hereunder, will cause Landlord to incur costs not contemplated by this Lease. Such costs may include, without limitation, processing and accounting charges, and late charges that may be imposed on Landlord by the terms of any note secured by any encumbrance against the Premises, and late charges and penalties due to the late payment of real property taxes on the Premises. Therefore, if any installment of Rent or any other sum due from payable by Tenant shall is not be received by Landlord or Landlord’s designee (i) within five (5) days after written notice from Landlord that said amount was not paid when due, or (ii) upon the date said amount is duedue (provided, if Tenant has previously received two (2) or more notices from Landlord however, that with respect to Tenant’s first failure during the immediately preceding twenty-four (24) month period stating that Tenant failed each Lease year to pay any amount required installment of Rent or any other sum payable by Tenant, Landlord shall provide written notice to be paid by Tenant under this Lease when due, then of such failure and Tenant shall have five (5) days following the date of such notice to pay such past due amount), Tenant shall promptly pay to Landlord a late charge charge, as liquidated damages, in an amount equal to six ten percent (610%) of the overdue such delinquent amount plus any attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay Rent and/or other charges when due hereunder. The late charge shall be deemed Additional Rent and interest on such delinquent amount at the right to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any mannermaximum legal rate. In addition to the late charge described above, any Rent or other amounts owing hereunder which that are not paid within ten (a10) within days the date that they are due (provided, however, that with respect to Tenant’s first failure during each Lease year to pay any installment of Rent or any amounts owing hereunder, Landlord shall provide written notice to Tenant of such failure and Tenant shall have five (5) days after written notice from Landlord that said amount was not paid when due, or (b) upon following the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed of such notice to pay any amount required to be paid by Tenant under this Lease when due, shall such past due amount) will bear interest from the date when due until paid at a rate that is the higher of (i) ten percent (10%) per annum equal to the lesser of or (x) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (yii) the highest rate permitted by applicable law. The parties agree that this late charge and the other charges referenced above represent a fair and reasonable estimate of the costs that Landlord will incur by reason of such late payment by Xxxxxx, excluding attorneys’ fees and costs. Acceptance of any late charge or other charges shall not constitute a waiver by Landlord of Tenant’s default with respect to the delinquent amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord for any other breach of Tenant under this Lease. If a late charge becomes payable for three (3) installments of Rent, then Landlord, at Landlord’s sole option, can either require the Rent be paid quarterly in advance or be paid monthly in advance by cashier’s check or by electronic funds transfer.

Late Charges. If Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent or Additional Rent due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing, administration and accounting charges and late charges which may be imposed on Landlord by the terms of any encumbrance covering the Premises. Accordingly, if any installment of Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee (i) within five (5) business days after written notice from Landlord that said amount the same was not paid when due, or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, then Tenant shall pay to Landlord a late charge equal to six the greater of (i) five percent (65%) of the overdue amount plus any attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay Rent and/or other charges when due hereunderor (ii) Two Hundred Fifty Dollars ($250.00). The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid within ten (a) within five (510) days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, they are due shall bear interest from the date when due until paid at a rate per annum equal to the lesser of (xi) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication Publication H.15(519), published weekly on the first Tuesday of each calendar month (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four two (42) percentage pointspoints (the “Reference Interest Rate”), and (yii) the highest rate permitted by applicable law.

Late Charges. If any installment of Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee (i) within five (5) days after written notice from Landlord that said amount was not paid when due, or (ii) upon the date said amount is due, if Tenant has previously received two one (21) or more notices from Landlord during the immediately preceding twenty-four twelve (2412) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, then Tenant shall pay to Landlord a late charge equal to six percent (6%) of the overdue amount plus any attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay Rent and/or other charges when due hereunder. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid (aA) within five (5) days after written notice from Landlord that said amount was not paid when due, or (bB) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, shall bear interest from the date when due until paid at a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication Publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) the highest rate permitted by applicable law.

Late Charges. If Any and all sums or charges set forth in this Section 8 ------------ are considered part of Additional Rent. Tenant acknowledges that late payment (the fifth day of each month or anytime thereafter) by Tenant to Landlord of Base Rent, Tenant's share of Operating Expenses, Tax Expenses, Common Area Utility Costs, and Utility Expenses, Administrative Expenses or other sums due hereunder, will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impracticable to fix. Such costs include, without limitation, processing and accounting charges, and late charges that may be imposed on Landlord by the terms of any note secured by any encumbrance against the Premises, and late charges and penalties due to the late payment of real property taxes on the Premises. Therefore, if any installment of Rent or any other sum due from Tenant shall is not be received by Landlord or Landlord’s designee (i) within five (5) days after written notice from Landlord that said amount was not paid of when due, or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, then Tenant shall promptly pay to Landlord all of the following, as applicable: (a) an additional sum equal to seven percent (7%) of such delinquent amount plus interest on such delinquent amount at the rate equal to the prime rate plus three-percent (3%) for the time period such payments are delinquent as a late charge equal for every month or portion thereof that such sums remain unpaid, (b) the amount of seventy-five dollars ($75) for each three-day notice prepared for, or served on, Tenant, (c) the amount of fifty dollars ($50) relating to six percent (6%) checks for which there are not sufficient funds. If Tenant delivers to Landlord a check for which there are not sufficient funds, Landlord may, at its sole option, require Tenant to replace such check with a cashier's check for the amount of such check and all other charges payable hereunder. The parties agree that this late charge and the other charges referenced above represent a fair and reasonable estimate of the overdue amount plus any attorneys’ fees incurred by costs that Landlord will incur by reason of late payment by Tenant’s failure to pay Rent and/or . Acceptance of any late charge or other charges when due hereunder. The late charge shall be deemed Additional Rent and not constitute a waiver by Landlord of Tenant's default with respect to the right to require it shall be in addition to all delinquent amount, nor prevent Landlord from exercising any of Landlord’s the other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in available to Landlord for any mannerother breach of Tenant under this Lease. In addition to the If a late charge described above, any Rent or other amounts owing hereunder which are not paid charge becomes payable for any three (a3) installments of Rent within five (5) days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding any twelve (12) month period stating that Tenant failed to pay any amount required to period, then Landlord, at Landlord's sole option, can either require the Rent be paid quarterly in advance, or be paid monthly in advance by Tenant under this Lease when due, shall bear interest from the date when due until paid at a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly (cashier's check or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) the highest rate permitted by applicable lawelectronic funds transfer.

Late Charges. If any installment of Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee (i) within five (5) days after written notice from Landlord that said amount was not paid when due, or (ii) upon of the due date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when duetherefor, then Tenant shall pay to Landlord a late charge equal to six ten percent (610%) of the overdue amount due plus any attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay Rent and/or other charges when due hereunder. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or hereunder, at law and/or in equity and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid (a) within five (5) days after written notice from Landlord that said amount was not paid when due, or (b) upon of the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, they are due shall thereafter bear interest from the date when due until paid at a rate per annum (the “Interest Rate”) equal to the lesser of (xi) the annual “Prime Rate” or “Reference Rate” announced from time to time by the Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly of America (or such other reasonable comparable index national banking institution as selected by Landlord and Tenant shall reasonably agree upon if such rate in the event Bank of America ceases to be published) exist or publish a Prime Rate or Reference Rate), plus four percent (4) percentage points%), and or (yii) the highest rate permitted by applicable law. Regardless of the foregoing, Tenant shall be entitled to one (1) written five (5) day notice to cure during each calendar year prior to a late charge becoming due, and prior to interest accruing, and such late charge shall not be due, nor shall interest accrue, if Tenant so cures within such five (5) day period.

Late Charges. If any installment of Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee (i) within five (5) days after written notice from Landlord that said amount was not paid when is due, or (ii) upon the date said amount is due, due if any installment of Rent or other sum due from Tenant has previously not been received by Landlord or Landlord’s designee within five (5) days after the date due on two (2) or more notices from Landlord prior occasions during the immediately preceding twenty-four twelve (2412) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when dueperiod, then Tenant shall pay to Landlord a late charge equal to six percent (6%) of the overdue amount plus any reasonable attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay Rent Xxxx and/or other charges when due hereunder. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid (aA) within five (5) days after written notice from Landlord that said amount was not paid when the date they are due, or (bB) upon the date said amount is due, they are due if Tenant has previously any Rent or other amounts owing hereunder have not been received one by Landlord or Xxxxxxxx’s designee within five (15) days after the date due on two (2) or more notices from Landlord prior occasions during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when dueperiod, shall bear interest from the date when due until paid at a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) the highest rate permitted by applicable law.

Late Charges. Tenant's failure to promptly pay sums due under this Lease may cause the Landlord to incur unanticipated costs. The exact amount of those costs is impractical or extremely difficult to ascertain. The costs may include [ILLEGIBLE]re not limited to processing and account charges and ate charges which may be imposed on Landlord by any ground lease or deed of trust encumbering the Demised Premises Payments due to Landlord under this Lease are not an extension of credit. Therefore, if any payment under the Lease is not actually received on or before three (30 days after the due date (and not merely deposited in the mail). Landlord may, at Landlord's option and to the extent allowed by applicable law impose a Late Charge on any are payments in an amount equal to one-half of one percent (0.5%) of the amount of the past due payment the "Late Charge") per day for each day after the due date, until the past due amount in Good Funds is received by Landlord, up to a maximum of ten percent (10%) of the past due amount. A Late Charge may be imposed only once on each past due payment. Any Late Charge will be in addition to Landlord's other remedies for nonpayment of rent. If any installment of Rent or any other sum due from Tenant shall not be received by check tendered to Landlord or Landlord’s designee (i) within five (5) days after written notice from Landlord that said amount was not paid when due, or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, then is dishonored for any reason. Tenant shall pay to Landlord the party receiving payments under this Lease a late charge equal to six percent fee of twenty-five dollars (6%$25.00), plus (at Landlord's option) a Late Charge as provided above until good funds are received by Landlord. The parties agree that any Late Charge and dishonored check fee represent a fair and reasonable estimate of the overdue amount plus any attorneys’ fees incurred by costs Landlord will incur by reason of Tenant’s failure the late payment or dishonored check. Payments received from Tenant shall be applied first to any late Charges, second to Base Rent, and last to other unpaid charges or reimbursements due to Landlord. Notwithstanding the foregoing, Landlord will not impose a Late Charge as to the first late payment in any calendar year, unless Tenant fails to pay Rent and/or other charges when due hereunder. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid payment to Landlord within three (a3) within five (5) business days after the delivery of a written notice from Landlord that said amount was not paid when dueto Tenant demanding the late payment be paid. However, or (b) upon the date said amount is due, if Landlord may impose a Late Charge without advance notice to Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay on any amount required to be paid by Tenant under this Lease when due, shall bear interest from the date when due until paid at a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited subsequent late payment in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) the highest rate permitted by applicable lawsame calendar year.

Late Charges. If any installment of Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee (i) within five (5) days after written notice from Landlord that said amount was not paid when due, or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, then Tenant shall pay to Landlord a late charge equal to six four percent (64%) of the overdue amount plus any reasonable attorneys’ ' fees incurred by Landlord by reason of Tenant’s 's failure to pay Rent and/or other charges when due hereunder; provided, however, that no such late charge shall be assessed on the first (1st) occasion in any twelve (12)-month period that any rent or other sum is not received by Landlord or Landlord's designee within five (5) days of the due date. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s 's other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s 's remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid (ai) within five (5) days after written notice from Landlord that said amount was not paid when the date they are due, or (bii) upon the date said amount is due, they are due if any Rent or other amounts owing hereunder by Landlord or Tenant has previously have not been received one by Landlord or Landlord's designee within five (15) days after the date due on two (2) or more notices from Landlord occasions during the immediately preceding any given twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when dueperiod, shall bear interest from the date when due until paid at a rate per annum (the "Interest Rate") equal to the lesser of (x) the annual “"Bank Prime Loan” " rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four two (42) percentage points, and (y) the highest rate permitted by applicable lawApplicable Law.

Late Charges. If any installment of Rent or any In addition to the other sum due from Tenant shall not be received by remedies available to Landlord or Landlord’s designee (i) within five (5) days after written notice from Landlord that said amount was not paid when due, or (ii) upon the date said amount is duehereunder, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount payment required to be paid by Tenant under this Lease when dueto Landlord hereunder shall become overdue, then Tenant shall pay to Landlord a late charge an administration fee equal to five percent (5%) of such amount. In addition, such unpaid amount shall bear interest from the due date thereof to the date of payment at the prime rate of interest, as reported in the Wall Street Journal (the “Prime Rate”) plus six percent (6%) of the overdue amount plus any attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay Rent and/or other per annum; provided, however, such interest rate shall not be less than twelve percent (12%) per annum. Such interest and late charges when due hereunder. The late charge shall be deemed Additional Rent and the right to require it shall be are in addition to all and shall not diminish or represent a substitute for any of Landlord’s rights or remedies under any other rights provision of this Lease. Notwithstanding the foregoing, Landlord shall provide Tenant with a written courtesy notice of such delinquent payment and remedies hereunder or at law and Tenant shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid (a) within have an additional five (5) business days after written to cure such delinquent payment before Landlord imposes the late charge or interest thereon; provided, however, that Landlord shall not be required to give such courtesy notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received more than one (1) or more notices from Landlord during the immediately preceding time in any consecutive twelve (12) month period stating that period. Landlord’s acceptance of less than the correct amount of Rent shall be considered a payment on account of the oldest obligation due from Tenant failed hereunder, then to any current Rent then due hereunder, notwithstanding any statement to the contrary contained on or accompanying any such payment from Tenant. Rent for any partial month during the Term shall be prorated. No endorsement or statement on a check or letter accompanying payment shall be considered an accord and satisfaction. Tenant’s covenant to pay any amount required to be paid by Tenant under Rent is independent of every other covenant in this Lease when due, shall bear interest from the date when due until paid at a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) the highest rate permitted by applicable lawLease.

Late Charges. If The sums and charges set forth in this Section 8 shall be “Additional Rent”. Tenant acknowledges that late payment (the second (2nd) day of each month or any installment time thereafter) of Rent and all other sums due hereunder, will cause Landlord to incur costs not contemplated by this Lease. Such costs may include, without limitation, processing and accounting charges, and late charges that may be imposed on Landlord by the terms of any note secured by any encumbrance against the Premises, and late charges and penalties due to the late payment of real property taxes on the Premises. Therefore, if any Installment of Rent or any other sum due from payable by Tenant shall is not be received by Landlord or Landlord’s designee (i) within five (5) days after written when due, Tenant shall promptly pay to Landlord a late charge, as liquidated damages, in an amount equal to eight percent (8%) of such delinquent amount plus interest on the delinquent amount at eight percent (8%) per annum for every month or portion thereof that such sums remain unpaid. Notwithstanding the foregoing, Tenant shall not be obligated to pay such late charge for the first such late payment in any twelve (12) month period, provided that such payment is made within three (3) business days after notice from Landlord that said such amount was not paid when due, or (ii) upon the date said amount is due, if . If Tenant has previously received delivers to Landlord two (2) or more notices from checks for which there are not sufficient funds, Landlord during may require Tenant to replace such check with a cashier’s check for the immediately preceding twenty-four (24) month period stating amount of such check. The parties agree that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, then Tenant shall pay to Landlord a late charge equal to six percent (6%) and the other charges referenced above represent a fair and reasonable estimate of the overdue amount plus any attorneys’ fees incurred by costs that Landlord will incur by reason of such late payment by Tenant. Acceptance of any late charge or other charges shall not constitute a waiver by Landlord of Tenant’s failure default with respect to pay Rent and/or other charges when due hereunder. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all delinquent amount, nor prevent Landlord from exercising any of Landlord’s the other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in available to Landlord for any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid (a) within five (5) days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by default of Tenant under this Lease when due, shall bear interest from the date when due until paid at a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) the highest rate permitted by applicable lawLease.

Late Charges. If any installment of Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee (i) within five (5) days after written notice from Landlord that said amount was not paid when due, or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed Lessee should fail to pay any amount required under this Agreement when due to the Port Authority, including without limitation any payment of basic, percentage, variable or other rental or any payment of utility, or other charges or fees or if any such amount is found to be paid due as the result of an audit, then, in such event, the Port Authority may impose (by Tenant under this Lease when duestatement, then Tenant shall pay to Landlord xxxx or otherwise) a late charge with respect to each such unpaid amount for each late charge period (hereinbelow described) during the entirety of which such amount remains unpaid, each such late charge not to exceed an amount equal to six eight-tenths of one percent of such unpaid amount for each late charge period. There shall be twenty-four late charge periods during each calendar year; each late charge period shall be for a period of at least fifteen (6%15) calendar days except one late charge period each calendar year may be for a period of less than fifteen (but not less than thirteen) calendar days. Without limiting the generality of the overdue foregoing, late charge periods in the case of amounts found to have been owing to the Port Authority as the result of Port Authority audit findings shall consist of each late charge period following the date the unpaid amount plus any attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay Rent and/or other charges when due hereundershould have been paid under this Agreement. The Each late charge shall be payable immediately upon demand made at any time therefor by the Port Authority. No acceptance by the Port Authority of payment of any unpaid amount or of any unpaid late charge amount shall be deemed Additional Rent and a waiver of the right of the Port Authority to require it payment of any late charge or late charges payable under the provisions of this Section with respect to such unpaid amount. Each late charge shall be recoverable by the Port Authority in addition to all the same manner and with like remedies as if it were originally a part of Landlord’s other rights and remedies hereunder the rental as set forth in the section of this Agreement entitled "Rental". Nothing in this Section is intended to, or at law and shall not be construed as liquidated damages deemed to, affect, alter, modify or as limiting Landlord’s remedies diminish in any mannerway (i) any rights of the Port Authority under this Agreement, including without limitation the Port Authority's rights set forth in the section of this Agreement entitled "Termination" or (ii) any obligations of the Lessee under this Agreement. In addition to the event that any late charge described aboveimposed pursuant to this Section shall exceed a legal maximum applicable to such late charge, any Rent or other amounts owing hereunder which are not paid (a) within five (5) days after written notice from Landlord that said amount was not paid when duethen, or (b) upon the date said amount is duein such event, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant each such late charge payable under this Lease when due, Agreement shall bear interest from the date when due until paid be payable instead at a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) the highest rate permitted by applicable lawlegal maximum.

Late Charges. If any installment of Rent or any other sum due from ------------ Tenant shall not be received by Landlord or Landlord’s 's designee (i) within five (5) business days after written notice from Landlord that said amount was not paid when due, or (ii) upon the date said amount same is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, past due then Tenant shall pay to Landlord a late charge equal to six five percent (65%) of the overdue amount plus any attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay Rent and/or other charges when due hereunderdue. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s 's other rights and remedies hereunder or hereunder, at law and/or in equity and shall not be construed as liquidated damages or as limiting Landlord’s 's remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid within three (a3) within five (5) business days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, they are due shall thereafter bear interest from the date when due until paid at a rate per annum (the "INTEREST RATE") equal to the lesser of (xi) the annual “"PRIME RATE" or "REFERENCE RATE" announced from time to time by the Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly of America (or such other reasonable comparable index national banking institution as selected by Landlord and Tenant shall reasonably agree upon if such rate in the event Bank of America ceases to be published) exist or publish a Prime Rate or Reference Rate), plus four two percent (4) percentage points2%), and or (yii) the highest rate permitted by applicable law. Landlord's failure to demand payment of any late charge or interest shall not constitute a forbearance of such amounts and shall not compromise Landlord's right to deem Tenant's failure to pay such amounts (or any overdue rent upon which such late charge and interest are chargeable) in a timely manner as a default by Tenant under this Lease or limit any other rights given to Landlord under this Lease or by law or equity. Notwithstanding the foregoing, in the event Landlord shall, at Landlord's sole and absolute discretion, elect not to xxxx Tenant for any late charge and/or interest due on the overdue amount within six (6) months of the date payment of such amount was due, such payment of the late charge and/or interest on the overdue amount shall be deemed to be waived and Tenant shall have no further obligation with respect to such late charge or interest.

Late Charges. If Tenant fails to pay any installment of Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee (i) within five (5) business days after written notice from Landlord that said amount was not paid when due, or (ii) upon following the date said such amount is due, if then, Landlord shall provide notice to Tenant has previously received two (2) in writing of such failure, and without prejudice to any other right or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed remedy available to pay any amount required Landlord, including without limitation pursuant to be paid by Tenant under this Lease when dueArticle 29, then Tenant shall pay to Landlord a late charge equal to six five percent (65%) of the overdue amount plus any attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay Rent and/or other charges when due hereunder; provided, however, with regard to the first such failure in any twelve (12) month period, Landlord will waive such late charge to the extent Tenant cures such failure within three (3) business days following Tenant’s receipt of written notice from Landlord that the same was not received when due. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing by either party hereunder which are not paid within ten (a10) within five (5) business days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, they are due shall bear interest from the date when due until paid at a rate per annum equal to the lesser “Interest Rate.” For purposes of (x) this Lease, the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) the highest rate permitted by applicable law.

Late Charges. If Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent or Additional Rent due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing, administration and accounting charges and late charges which may be imposed on Landlord by the terms of any encumbrance covering the Premises. Accordingly, if any installment of Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee within ten (i10) within five (5) business days after written notice receipt of a Notice from Landlord that said such amount was not paid when due, or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, then Tenant shall pay to Landlord a late charge equal to six the greater of (i) five percent (65%) of the overdue amount amount, or (ii) Two Hundred Fifty Dollars ($250.00) plus any attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay Rent and/or other charges when due hereunder. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid within ten (a) within five (510) days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, they are due shall bear interest from the date when due until paid at a rate per annum equal to the lesser of (xi) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519Publication G.13(415), published weekly on the first Tuesday of each calendar month (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four two (42) percentage points, and (yii) the highest rate permitted by applicable law.

Late Charges. If any installment of Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee (i) within five (5) days after written notice from Landlord that said amount was not paid when due, or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, then Tenant shall pay to Landlord a late charge equal to six percent five three (63%) of the overdue amount plus any attorneys’ ' fees incurred by Landlord by reason of Tenant’s 's failure to pay Rent and/or other charges when due hereunder; provided, however, with regard to the first such failure in any twelve (12) month period, Landlord will waive such late charge to the extent Tenant cures such failure within five (5) business days following Tenant's receipt of written notice from Landlord that the same was not received when due. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s 's other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s 's remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid within ten (a) within five (510) days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, they are due shall bear interest from the date when due until paid at a the "Interest Rate." For purposes of this Lease, the "Interest Rate" shall be an annual rate per annum equal to the lesser of (xi) the annual “"Bank Prime Loan” " rate cited in the Federal Reserve Statistical Release publication Publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) ), plus four two (42) percentage points, and (yii) the highest rate permitted by applicable law.

Late Charges. If Any and all sums or charges set forth in this Section 8 are considered part of Additional Rent. Tenant acknowledges that late payment (the fifth day of each month or any time thereafter) by Tenant to Landlord of Rent and all other sums due hereunder, will cause Landlord to incur costs not contemplated by this Lease. Such costs may include, without limitation, processing and accounting charges, and late charges that may be imposed on Landlord by the terms of any note secured by any encumbrance against the Premises, and late charges and penalties due to the late payment of Tax Expenses on the Premises. Therefore, if any installment of Rent or any other sum due from payable by Tenant shall is not be received by Landlord or Landlord’s designee (i) within five (5) days after written notice from Landlord that said amount was not paid of when due, or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, then Tenant shall promptly pay to Landlord a late charge charge, as liquidated damages, in an amount equal to six percent (6%) of such delinquent amount. Notwithstanding the overdue foregoing, Landlord waives the late charge for the first (1st) instance during each 12-month period during the Term of this Lease in which Tenant fails to timely pay Rent. If Tenant delivers to Landlord a check for which there are not sufficient funds, Landlord may require Tenant to replace such check with a cashier's check for the amount plus any attorneys’ fees incurred by of such check and all other charges payable hereunder. The parties agree that this late charge and the other charges referenced above represent a fair and reasonable estimate of the costs that Landlord will incur by reason of such late payment by Tenant’s failure to pay Rent and/or , excluding attorneys' fees and costs. Acceptance of any late charge or other charges when due hereunder. The late charge shall be deemed Additional Rent and not constitute a waiver by Landlord of Tenant's default with respect to the right to require it shall be in addition to all delinquent amount, nor prevent Landlord from exercising any of Landlord’s the other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in available to Landlord for any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid (a) within five (5) days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by breach of Tenant under this Lease when dueLease. If a late charge becomes payable for three (3) installments of Rent, shall bear interest from then Landlord, at Landlord's sole option, can either require the date when due until Rent be paid at a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited quarterly in the Federal Reserve Statistical Release publication H.15(519), published weekly (advance or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) the highest rate permitted paid monthly in advance by applicable lawcashier's check or by electronic funds transfer.

Late Charges. If Tenant hereby acknowledges that late payment by Tenant to Landlord of Base Monthly Rent, Additional Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing, accounting charges and late payment fees which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Base Monthly Rent, Additional Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within Four (i) within five (54) days after written notice such amount shall be due, Tenant shall pay to Landlord as Additional Rent a late charge equal to ten percent (10%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payments by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In no event shall this provision for a late charge be deemed to grant to Tenant a grace period or extension of time within which to pay any installment of Base Monthly Rent or Additional Rent or prevent Landlord that said amount was not paid from exercising any right or remedy available to Landlord upon Tenant's failure to make such payment when due. In the event any payment of Base Monthly Rent or Additional Rent is not received by Landlord by the thirtieth (30th) day after the due date for such payment or installment, such payment or installment shall bear interest at the Permitted Rate, as defined in Paragraph 20.17 below, commencing on the thirty-first (ii31st) upon day after the due date said amount for such payment or installment and continuing until the same is due, if paid. 4.4 Returned Check Fee. A twenty-five dollar ($25.00) charge will be paid by Tenant as Additional Rent to Landlord for each check returned unpaid by the bank and Tenant shall replace the payment with a Cashier's Check or Certified Check. If Tenant has previously received two (2) or more notices from Landlord checks returned for insufficient funds at any time during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to its tenancy, Landlord, at its option, may request all payments, current and future, be paid made by Tenant under this Lease when due, then Tenant shall pay to Landlord a late charge equal to six percent (6%) of the overdue amount plus any attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay Rent and/or other charges when due hereunderCashier's Check or Certified Check. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid (a) within five (5) days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, shall bear interest from the date when due until paid at a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) the highest rate permitted by applicable law.4.5

Late Charges. (a) If any installment of Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee (i) within five (5) days after written notice from Landlord that said amount was not paid when due, or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed Lessee should fail to pay any amount required to be paid by Tenant under this Lease Agreement when duedue to the Port Authority, then Tenant shall pay to Landlord including without limitation any payment of basic or other rental or any payment of utility or other charges, then, in such event, the Port Authority may impose (by statement, xxxx or other notice) a late charge with respect to each such unpaid amount for each late charge period (hereinbelow described) during the entirety of which such amount remains unpaid, each such late charge not to exceed an amount equal to six five-tenths of one percent (6.5%) of the overdue such unpaid amount plus any attorneys’ fees incurred by Landlord by reason for each late charge period. There shall be twenty-four late charge periods on a calendar year basis; each late charge period shall be for a period of Tenant’s failure to pay Rent and/or other charges when due hereunderat least fifteen (15) calendar days except one late charge period each calendar year may be for a period of less than fifteen (but not less than thirteen) calendar days. The Each late charge shall be payable promptly upon demand made at any time therefor by the Port Authority. No acceptance by the Port Authority of payment of any unpaid amount or of any unpaid late charge amount shall be deemed Additional Rent and a waiver of the right of the Port Authority to require it payment of any late charge or late charges payable under the provisions of this Section 38 with respect to such unpaid amount. Each late charge shall be and become additional rent, recoverable by the Port Authority in addition the same manner and with like remedies as if it were originally a part of the rental as set forth in Section 4 of this Agreement entitled "Basic Rental". Nothing in this Section 38 is intended to, or shall be deemed to, affect, alter, modify or diminish in any way (i) any rights of the Port Authority under this Agreement, including without limitation the Port Authority's rights set forth in Section 20 of this Agreement entitled "Termination" or (ii) any obligations of the Lessee under this Agreement. If the precise amount of any payment required to all of Landlord’s be made by the Lessee under this Agreement cannot be known to the Lessee, or if any amounts due to the Port Authority under this Agreement have been underbilled to the Lessee (unless such underbilling is based upon information provided by the Lessee, its officers, directors, partners, members, agents, employees, contractors and representatives, in which event such underbilled amount shall be deemed due to the Port Authority on the date the same would have been due had the appropriate information or other rights data been provided by the Lessee, its officers, directors, partners, members, agents, employees, contractors and remedies hereunder representatives), such payment or at law and amounts underbilled shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition deemed due to the late charge described above, any Rent or other amounts owing hereunder which are not paid Port Authority for purposes of this Section 38 until fifteen (a) within five (515) days after written notice from Landlord that said amount was not paid when due, or (b) upon the date said on the Port Authority's notice to the Lessee of the amount is dueof such payment or other amount due to the Port Authority resulting from such underbilling. In the event that any late charge imposed pursuant to this Section 38 shall exceed a legal maximum applicable to such late charge, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant then, in such event, each such late charge payable under this Lease when due, Agreement shall bear interest from the date when due until paid be payable instead at a rate per annum equal to the lesser of (x) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) the highest rate permitted by applicable lawlegal maximum.