Common use of Late Charges Clause in Contracts

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent 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 Base Rent or Operating Costs Payments is not received by Landlord or Landlord’s designee within five (5) days of the date such amount shall be due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date such amount shall be due, Tenant shall pay to Landlord 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 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.

Appears in 5 contracts

Samples: Lease Agreement (Five9, Inc.), Lease Agreement (Five9, Inc.), Lease Agreement (Five9, Inc.)

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Late Charges. Tenant hereby acknowledges that late payment by Tenant ------------ to Landlord of Rent 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 Base Rent rent or Operating Costs Payments is other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five (5) 10 days of the date after such amount shall be due, or if then, without any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date such amount shall be duerequirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to ten percent (10%) 5% 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 payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s default 's Default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 4 contracts

Samples: Lease (Kyphon Inc), Lease (Kyphon Inc), Lease (Adaptive Broadband Corp)

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent Rental due hereunder will cause Landlord to incur costs not contemplated by this LeaseAgreement, the exact amount of which will be extremely difficult to ascertain. Such costs include, include but are not limited to, to processing and accounting chargescharges and late charges which may be imposed upon Landlord by terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Base Rent rent or Operating Costs Payments is of a sum due from Tenant shall not be received by Landlord or Landlord’s designee within five by the fifth (55th) days day of the month after the date such amount shall be installment is due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date such amount shall be due, then Tenant shall pay to Landlord a late charge equal to ten percent charge, of Five Hundred and 00/100 Dollars (10%$500.00) of such overdue amountper occurrence, after the first late payment in any consecutive twelve (12) month period. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Landlord will incur by reason of the late payment by Tenant. Acceptance of such late charge charges by the Landlord shall in no event constitute a waiver of Tenant’s default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 4 contracts

Samples: Office and Warehouse Lease (Tilly's, Inc.), Office and Warehouse Lease (Tilly's, Inc.), Office and Warehouse Lease (Tilly's, Inc.)

Late Charges. 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 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 upon Landlord by terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Base Rent or Operating Costs Payments is of a sum due from Tenant shall not be received by Landlord or Landlord’s designee within five (5) days of the date such after said amount shall be is due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date such amount shall be due, then Tenant shall pay to Landlord a one-time late charge equal to ten five percent (105%) of such overdue amount. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Landlord will incur by reason of the late payment by Tenant. Acceptance of such late charge charges by Landlord shall in no event constitute a waiver of Tenant’s default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 3 contracts

Samples: Lease (Brickell Biotech, Inc.), Lease (Signal Genetics, Inc.), Lease (Monotype Imaging Holdings Inc.)

Late Charges. Tenant hereby acknowledges that late payment by Tenant Xxxxxx to Landlord of Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Leaselease, 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 Base Rent or Operating Costs Payments is other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five (5) 10 days of after the date of notice from Landlord that any such amount shall be was not paid by Tenant when due, or if then, without any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date such amount shall be duerequirement for further notice to Tenant, Tenant shall pay to Landlord a late charge equal to ten percent (10%) 5% of such overdue amount. The parties 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 TenantXxxxxx. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s default Xxxxxx's Default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 3 contracts

Samples: Warehouse Lease, Warehouse Lease, Warehouse Lease

Late Charges. 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 Base Rent rent or Operating Costs Payments is any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five ten (510) days of the date such amount shall be due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date after such amount shall be due, Tenant shall pay to Landlord 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 payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s 's default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 3 contracts

Samples: Hold Harmless Agreement (Catalytica Energy Systems Inc), Lease Agreement (New Directions Manufacturing Inc), Pegasus Solutions Inc

Late Charges. 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 Leaselease, 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 Base Rent or Operating Costs Payments is other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five (5) 10 days of after the date of notice from Landlord that any such amount shall be was not paid by Tenant when due, or if then, without any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date such amount shall be duerequirement for further notice to Tenant, Tenant shall pay to Landlord a late charge equal to ten percent (10%) 5% of such overdue amount. The parties 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 's Default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 3 contracts

Samples: Warehouse Lease, Warehouse Lease, Warehouse Lease

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent 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 Base Rent rent or Operating Costs Payments is other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five (5) 10 days of the date after such amount shall be due, or if then, without any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date such amount shall be duerequirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to ten percent (10%) 54% 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 payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s default 's Default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 3 contracts

Samples: Keep Your Day (Smarterkids Com Inc), Learningstar Inc, Smarterkids Com Inc

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent rent 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 upon Landlord by terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Base Rent rent or Operating Costs Payments is of a sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five ten (510) days of the date such after said amount shall be is past due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date such amount shall be due, then Tenant shall pay to Landlord a late charge equal to ten percent five (105%) percent of such overdue amount. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Landlord will incur by reason of the late payment by Tenant. Acceptance of such late charge charges by Landlord shall in no event constitute a waiver of Tenant’s 's default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 3 contracts

Samples: Office Building Lease (Fair Isaac & Company Inc), Office Building Lease (Fair Isaac & Company Inc), Office Building Lease (Fair Isaac & Company Inc)

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent 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 upon Landlord by any Lender. Accordingly, if any installment of Base Rent or Operating Costs Payments is shall not be received by Landlord (or Landlord’s designee received by any other third party that Tenant is directed to pay, as provide herein), within five (5) days of the date after such amount shall be due, or if then, without any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date such amount shall be duerequirement for notice to Tenant, Tenant shall pay to Landlord a one-time late charge equal to ten the greater of $250 or five percent (105%) of each 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 such late payment by Tenantpayment. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s default Default or Breach with respect to such overdue amount amount, nor prevent Landlord from exercising the exercise of 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) installments of Base Rent in any twelve (12) month period, then notwithstanding any provision of this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advance.

Appears in 3 contracts

Samples: Commercial Lease Agreement (ImmunityBio, Inc.), Commercial Lease (NantKwest, Inc.), Commercial Lease (NantKwest, Inc.)

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent rent 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 out are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Base Rent rent or Operating Costs Payments is of a sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five ten (510) days of the date such after written notice that said amount shall be is past due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date such amount shall be due, then Tenant shall pay to Landlord a late charge equal to ten percent (10%) of such overdue amount. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Landlord will incur by reason of the late payment by Tenant. Acceptance of such late charge charges by the Landlord shall shall, in no event event, constitute a waiver of Tenant’s 's default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 3 contracts

Samples: Lease Extension Agreement (MKS Instruments Inc), Lease Agreement (MKS Instruments Inc), Lease Agreement (MKS Instruments Inc)

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent due hereunder will cause Landlord to incur costs not contemplated by this LeaseAgreement, the exact amount of which will be extremely difficult to ascertain. Such costs include, include but are not limited to, to processing and accounting chargescharges and late charges which may be imposed upon Landlord by terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Base Rent or Operating Costs Payments is of a sum due from Tenant shall not be received by Landlord or Landlord’s designee within five by the fifth (55th) days day of the month after the date such amount shall be installment is due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date such amount shall be due, then Tenant shall pay to Landlord a late charge equal to ten percent charge, of Five Hundred and 00/100 Dollars (10%$500.00) of such overdue amountper occurrence, after the first late payment in any consecutive twelve (12) month period. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Landlord will incur by reason of the late payment by Tenant. Acceptance of such late charge charges by the Landlord shall in no event constitute a waiver of Tenant’s default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 2 contracts

Samples: Office and Warehouse Lease Agreement, Office and Warehouse Lease (Tilly's, Inc.)

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent rent 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 upon Landlord by terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Base Rent rent or Operating Costs Payments is of a sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five ten (510) days of the date such after said amount shall be is past due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date such amount shall be due, then Tenant shall pay to Landlord a late charge equal to ten percent (10%) per cent of such overdue amount. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Landlord will incur by reason of the late payment by Tenant. Acceptance of such late charge charges by Landlord shall in no event constitute a waiver of Tenant’s 's default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 2 contracts

Samples: Office Building Lease (Fair Isaac & Company Inc), Office Building Lease (Fair Isaac & Company Inc)

Late Charges. 1.8 Tenant hereby acknowledges that late Late payment by Tenant to Landlord of Rent 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 chargescharges 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 Base Rent or Operating Costs Payments is not received by Landlord or Landlord’s designee within five (5) days of the date such amount shall be duerent, or if any installment of other Rent is sum due from Tenant, shall not be received by Landlord or Landlord’s designee on or before the date within 10 days after such amount shall be due, Tenant shall pay to Landlord Landlord, in addition to the interest provided in Section 1.10, 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 payment by Tenant. Acceptance of such late Late charge by Landlord shall in no event way constitute a waiver of Tenant’s 's default with respect to such overdue amount nor prevent Landlord from exercising any other right or remedy of the other rights and remedies granted hereunderLandlord resulting from such late payment.

Appears in 2 contracts

Samples: Letter and Construction Agreement (Homelife Inc), Letter and Construction Agreement (Homelife Inc)

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent 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, 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 Base Rent rent or Operating Costs Payments is any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five ten (510) days of the date such after written notice that said amount shall be is past due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date such amount shall be due, then Tenant shall pay to Landlord a late charge equal to ten percent (10%) percent of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs cost 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 's default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 2 contracts

Samples: Agreement (Esterline Technologies Corp), Agreement (Esterline Technologies Corp)

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent 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 Base Rent rent or Operating Costs Payments is other sum due from Tenant shall not be received by Landlord or Landlord’s designee within five (5) 10 days of the date after such amount shall be due, or if then, without any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date such amount shall be duerequirement for notice to Tenant (except as set forth below), Tenant shall pay to Landlord a late charge equal to ten percent the lesser of (10%1) 5% of such overdue amountamount and (ii) the maximum amount permitted by Applicable Requirements. Notwithstanding the foregoing, with respect to the first two (2) late payments in any calendar year only, Tenant shall not be required to pay any late charge until ten (10) days after Landlord has delivered Tenant written notice of such late payment. 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 Default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 2 contracts

Samples: Lease (Extend Health Inc), Extend Health Inc

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent rent and other sums due hereunder will cause Landlord to incur costs not contemplated 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 Base Rent rent or Operating Costs Payments is any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five (5) days of the date such amount shall be due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date after such amount shall be due, Tenant shall pay to Landlord 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 payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s 's default with respect to such overdue amount nor not prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 2 contracts

Samples: Imarx Therapeutics Inc, Imarx Therapeutics Inc

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent rent due will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such The costs include, but are not limited to, processing and accounting charges, and late charge which may be imposed upon Landlord by terms of any mortgage or trust deed covering the Leased Premises. Accordingly, if any installment of Base Rent rent or Operating Costs Payments is of a sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five fifteen (515) days of after the date such amount shall be due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date such amount shall be due, Tenant shall pay to Landlord a late charge equal to ten five percent (105%) multiplied by the amount of such overdue amountpast due rent. The parties hereby agree that such the late charge represents charges represent a fair and reasonable estimate of the costs cost that Landlord will incur by reason of the late payment by Tenant. Acceptance of such late charge charges by the Landlord shall in no event constitute a waiver wavier of Tenant’s 's default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunderunder of this Lease or by operation of law, including Landlord's right to collect interest on past due sums.

Appears in 2 contracts

Samples: Lease Agreement (MKS Instruments Inc), Lease Agreement (MKS Instruments Inc)

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent rent 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 upon Landlord by terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Base Rent rent or Operating Costs Payments is of a sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five ten (510) days of the date such after written notice that said amount shall be is past due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date such amount shall be due, then Tenant shall pay to Landlord a late charge equal to ten percent (10%) per cent of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs cost that Landlord will incur by reason of the late payment by Tenant. Acceptance of such late charge charges by the Landlord shall in no event constitute a waiver of Tenant’s 's default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 2 contracts

Samples: Quokka Sports Inc, Quokka Sports Inc

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent rent 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 upon Landlord by terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Base Rent rent or Operating Costs Payments is of a sum due from Tenant shall not be received by Landlord or Landlord’s designee within five ten (510) days of the date such after written notice that said amount shall be is past due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date such amount shall be due, then Tenant shall pay to Landlord a late charge equal to ten percent (10%) percent of such overdue amount. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Landlord will incur by reason of the late payment by Tenant. Acceptance of such late charge charges by the Landlord shall in no event constitute a waiver of Tenant’s default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 2 contracts

Samples: Office Building Lease (Cross Country Healthcare Inc), Office Building Lease (Cross Country Healthcare Inc)

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent rent 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 chargescharges and late charges which may be imposed upon Landlord by terms of any trust deed covering the Premises. Accordingly, if any installment of Base Rent rent or Operating Costs Payments is of an amount due from Tenant shall not be received by Landlord or Landlord’s 's designee within five (5) days of after the date such that said amount shall be is due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date such amount shall be due, then Tenant shall pay to Landlord a late charge equal to ten percent (10%) of such overdue amount. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Landlord will incur by reason of the late payment by Tenant. Acceptance of such late charge charges by the Landlord shall in no event constitute a waiver of Tenant’s 's default with respect to such overdue amount nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 2 contracts

Samples: Centre Office Lease Agreement (RVision, Inc.), Laurel Corporate Centre Office Lease Agreement (RVision, Inc.)

Late Charges. Tenant hereby acknowledges that late payment by Tenant Tenant's failure to Landlord of Rent will pay rent promptly may cause Landlord to incur costs not contemplated by this Lease, the unanticipated costs. The exact amount of which will be such costs are impractical or extremely difficult to ascertain. Such costs may include, but are not limited to, processing and accounting chargescharges and late charges which may be imposed on Landlord by any ground lease, mortgage or trust deed encumbering the Property. AccordinglyTherefore, if Landlord does not receive any installment of Base Rent or Operating Costs Payments is not received by Landlord or Landlord’s designee rent payment within five ten (510) days of the date such amount shall be due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date such amount shall be after it becomes due, Tenant shall pay to Landlord a late charge equal to ten five percent (105%) of such the 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 such late payment; no more than one late charge shall be applied against any payment by Tenantdue. Acceptance Notwithstanding the foregoing, Landlord shall not impose a late charge without giving Tenant written notice that Tenant is delinquent in paying any rent due hereunder and allowing Tenant a period of five (5) days from receipt of such late charge notice to pay such delinquent rent unless Tenant has previously been notified by Landlord of a delinquency in paying rent at any time within the immediately preceding twelve (12) month period, in which event no notice shall in no event constitute a waiver of Tenant’s default with respect be required to such overdue amount nor prevent be given by Landlord from exercising any prior to imposition of the other rights and remedies granted hereunderlate fee.

Appears in 2 contracts

Samples: Lease Agreement (Genesis Direct Inc), Lease Agreement (Genesis Direct Inc)

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent rent 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 upon Landlord by terms of any mortgage or trust deed covering the Premises. Accordingly, if in any installment of Base Rent rent or Operating Costs Payments is of a sum due from Tenant shall not be received by Landlord or Landlord’s designee within five ten (510) days of the date such after written notice that said amount shall be is past due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date such amount shall be due, then Tenant shall pay to Landlord a late charge equal to ten percent (10%) percent of such overdue amount. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge charges by the Landlord shall in no event constitute a waiver of Tenant’s default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 2 contracts

Samples: Office Building Lease (Castle Biosciences Inc), Office Building Lease (Castle Biosciences Inc)

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent rent 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 upon Landlord by terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Base Rent rent or Operating Costs Payments is of a sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five (5) business days of the date such after said amount shall be is due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date such amount shall be due, then Tenant shall pay to Landlord a late charge equal to ten five percent (105%) of such overdue amount. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Landlord will incur by reason of the late payment by Tenant. Acceptance of such late charge charges by the Landlord shall in no event constitute a waiver of Tenant’s 's default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 2 contracts

Samples: Vstream Inc /Co, Vstream Inc /Co

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent 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 Base Rent rent or Operating Costs Payments is any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five ten (510) days of the date such amount shall be due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date after such amount shall be due, Tenant shall pay to Landlord 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 payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s 's default with respect to such overdue amount nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 2 contracts

Samples: Sublease (Zapme Corp), Sublease Agreement (Zapme Corp)

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent Base Rent, operational expenses or other monies that come due from time to time will cause Landlord to incur costs not contemplated by this Lease, the lease. The exact amount of which said costs will be extremely difficult to ascertain. Such costs include, but are not limited to, would include processing and accounting charges, late charges which may be imposed on Landlord by the terms of any mortgage or ground lease covering this Project. Accordingly, if any installment of Base Rent, Additional Rent or Operating Costs Payments is operating expenses due from Tenant shall not be received by Landlord or Landlord’s his designee within five ten (510) days of the date after such amount shall be due, then without further notice or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date such amount shall be due, demand Tenant shall pay to Landlord a late charge equal to ten percent of Ten Percent (10%) of such overdue amount. The Both 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 a late charge by Landlord shall in no event constitute a waiver of Tenant’s 's default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunderhe may have under this Lease.

Appears in 2 contracts

Samples: Lease (GTC Telecom Corp), Lease (GTC Telecom Corp)

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent rent 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 upon Landlord by terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Base Rent rent or Operating Costs Payments is of a sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five ten (510) days of the date such after said amount shall be is past due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date such amount shall be due, then Tenant shall pay to Landlord a late charge equal to ten percent (10%) percent of such overdue amount. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Landlord will incur by reason of the late payment by Tenant. Acceptance of such late charge charges by Landlord shall in no event constitute a waiver of Tenant’s 's default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 2 contracts

Samples: Office Building Lease (Fair Isaac & Company Inc), Office Building Lease (Fair Isaac & Company Inc)

Late Charges. Tenant hereby hereto acknowledges that late payment by Tenant to Landlord of Rent rent 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 upon Landlord by terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Base Rent rent or Operating Costs Payments is of a sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five then (510) days of the date such after said amount shall be is due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date such amount shall be due, Tenant shall pay to Landlord a late charge equal to ten percent (10%) of such overdue amount. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Landlord will incur by reason of the late payment by Tenant. Acceptance of such late charge charges by Landlord shall in no event constitute a waiver of Tenant’s 's default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Ambassadors International Inc

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent 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, 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 Base Rent rent or Operating Costs Payments is any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five ten (510) days of the date such amount shall be due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date after such amount shall be due, Tenant shall pay to Landlord a late charge equal to ten five percent (105 %) 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 payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s 's default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Industrial Lease Agreement (Titan Motorcycle Co of America Inc)

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent 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, 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. Accordingly, if any installment of Base Rent rent or Operating Costs Payments is any other sum due from Tenant shall not be received by Landlord or Landlord’s designee within five (5) days of the date such amount shall be due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date such amount shall be duetime period specified in Section 1.18, Tenant shall pay to Landlord a the late charge equal to ten percent (10%) of such overdue amountand interest at the rate specified in Section 1.18. 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 amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunderherein.

Appears in 1 contract

Samples: Lease Agreement (Rex Energy Corp)

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent 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 chargescharges and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Leased Premises. Accordingly, if any installment of Base Rent rent or Operating Costs Payments is any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five ten (510) days of the date such amount shall be due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date after such amount shall be due, Tenant shall pay to Landlord a late charge equal to ten percent (10%) percent 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 payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s 's default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Lease Agreement (Cold Metal Products Inc)

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Base Rent 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 chargescharges and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed encumbering the Premises. Accordingly, if any installment of Base Rent or Operating Costs Payments is any other sum due from Tenant shall not be received by Landlord or Landlord’s designee within five (5) days of the date when such amount shall be due, then, without any requirement for notice or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date such amount shall be duedemand to Tenant, Tenant shall immediately pay to Landlord a late charge equal to ten six percent (106%) 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 payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s 's default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunderhereunder including the assessment of interest under section 16.5.

Appears in 1 contract

Samples: Homegrocer Com Inc

Late Charges. 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 chargescharges 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 Base Rent rent or Operating Costs Payments is any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five ten (510) days of the date such amount shall be due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date after such amount shall be due, Tenant shall pay to Landlord a late charge equal to ten the greater of eight percent (108%) of such overdue amountamount or $200.00. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs and charges 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 's default with respect to such overdue amount nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Office Lease (Millers Mutual Fire Insurance Co)

Late Charges. 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 Base Rent or Operating Costs Payments is any other sum due from Tenant shall not be timely received by Landlord or Landlord’s designee within five (5) days of the date such amount shall be due's designee, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date such amount shall be due, then Tenant shall pay to Landlord a late charge which shall be additional Rent hereunder equal to ten percent (10%) of such overdue amount. The All parties hereby agree that such late charge represents a fair and reasonable estimate of the costs cost 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 's default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Lease Agreement (Bolt Technology Corp)

Late Charges. Rent is due on the first day of each calendar month. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be such costs being extremely difficult and impracticable to ascertainfix. Such costs includeinclude processing charges, but are not limited to, processing and accounting charges, and late charges that may be imposed on Landlord by the terms of any encumbrance and note secured by any encumbrance covering the Premises. AccordinglyTherefore, if any delinquent installment of Base Rent or Operating Costs Payments other sums due from Tenant is not received by Landlord or Landlord’s designee within five (5) days of the date such amount shall be due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date such amount shall be duefirst day of each calendar month, Tenant shall pay to Landlord a late charge an additional sum equal to ten percent (10%) % of such overdue amountamount as a late charge. The parties hereby agree that such this late charge represents a fair and reasonable estimate of the administrative and other costs that Landlord will incur by reason of late payment by Tenant. Acceptance of such any late charge by Landlord shall in no event not constitute a waiver of Tenant’s 's default with respect to such the overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunderavailable to Landlord.

Appears in 1 contract

Samples: Standard Lease Agreement (Myecheck, Inc.)

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent rent or other sums due hereunder will cause Landlord to incur costs cost 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 upon Landlord by terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment installments of Base Rent rent or Operating Costs Payments is a sum due from Tenant shall not be received by Landlord or Landlord’s designee within five (5) days of after notice to Tenant that the date such said amount shall be is past due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date such amount shall be due, then Tenant shall pay to Landlord a late charge equal to ten percent five (105%) percent of such overdue amount. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Landlord will incur by reason of the late payment by Tenant. Acceptance of such late charge charges by the Landlord shall in no event constitute a waiver of Tenant’s default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Steinbeck Plaza Lease (Central Coast Bancorp)

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent 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 Base Rent rent or Operating Costs Payments is any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five ten (510) days of the date such amount shall be due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date after such amount shall be due, Tenant shall pay to Landlord a late charge equal to ten five percent (105%) 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 payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s 's default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Action Performance Companies Inc

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent 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 Base Rent rent or Operating Costs Payments is any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five ten (510) days of the date such amount shall be due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date after such amount shall be due, Tenant shall pay to Landlord 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 payment by Tenant. Acceptance of such late charge laxx xxxrge by Landlord shall in no event constitute a waiver of Tenant’s 's default with respect to such overdue amount nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Office Building Lease (North Valley Bancorp)

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent rent 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 upon Landlord by terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Base Rent rent or Operating Costs Payments is of a sum due from Tenant shall not be received by Landlord or Landlord’s designee within five (5) days of the date such amount shall be dueafter due date, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date such amount shall be due, Tenant shall pay to Landlord a late charge equal to of ten percent (10%) of such overdue amountthe total amount due will be assessed. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs cost that Landlord will incur by reason of the late payment by Tenant. Acceptance of such late charge charges by the Landlord shall in no event constitute a waiver of Tenant’s default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.. Initial ________

Appears in 1 contract

Samples: Commercial   Lease (Silicom Ltd.)

Late Charges. 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, 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 Base Rent rent or Operating Costs Payments is any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five ten (510) days of the date such amount shall be due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date after such amount shall be due, Tenant shall pay to Landlord 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 payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s 's default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Iasis Healthcare Corp

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent rent 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 upon Landlord by terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Base Rent rent or Operating Costs Payments is of a sum due from Tenant shall not be received by Landlord or Landlord’s designee within five (5) days of the date such when due that said amount shall be is past due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date such amount shall be due, then Tenant shall pay to Landlord a late charge equal to ten percent (10%) of such overdue amount. amount The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs cost that Landlord will incur by reason of the late payment by Tenant. Acceptance of any such late charge by the Landlord shall in no event constitute a waiver of Tenant’s default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Office Building Lease (Southwest Community Bancorp)

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent rent 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 upon Landlord by terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Base Rent rent or Operating Costs Payments is a sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within with five (5) days of the date such after said amount shall be is due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date such amount shall be due, Tenant shall pay to Landlord a late charge equal to ten percent (10%) of such overdue amountAmount. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Landlord will incur by reason of the late payment by Tenant. Acceptance of such late charge charges by the Landlord shall in no event constitute a waiver of Tenant’s 's default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Office Space Lease Agreement (Mobile Pet Systems Inc)

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent 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 Base Rent or Operating Costs Payments is not received by Landlord or Landlord’s designee within five (5) days of the date such amount shall be due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date such amount shall be due, Tenant shall pay to Landlord 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 payment by TenantXxxxxx. 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.

Appears in 1 contract

Samples: Mirion Technologies, Inc.

Late Charges. 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 Base Rent rent or Operating Costs Payments is any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five ten (510) days of the date such amount shall be due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date after such amount shall be due, Tenant shall pay to Landlord a late charge equal to ten five percent (105%) 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 payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s 's default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Maxam Gold Corp

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent 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 Base Rent or Operating Costs Payments is not received by Landlord or Landlord’s designee within five (5) days of the date such amount shall be due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date such amount shall be due, Tenant shall pay to Landlord 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 payment by TenantTxxxxx. 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.

Appears in 1 contract

Samples: Office Area Corridors and Lobbies (Neonode, Inc)

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent 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, 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 Base Rent rent or Operating Costs Payments is any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five ten (510) days of the date such amount shall be due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date after such amount shall be due, Tenant shall pay to Landlord 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 payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s 's default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Centennial First Financial Services

Late Charges. 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 Base Rent or Operating Costs Payments is any other sum due from Tenant shall not be timely received by Landlord or Landlord’s designee within five (5) days of the date such amount shall be duedesignee, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date such amount shall be due, then Tenant shall pay to Landlord a late charge which shall be additional Rent hereunder equal to ten percent (10%) of such overdue amount. The All parties hereby agree that such late charge represents a fair and reasonable estimate of the costs cost 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 amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Lease Agreement (Bolt Technology Corp)

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent 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 Base Rent rent or Operating Costs Payments is any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five ten (510) days of the date such amount shall be due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date after such amount shall be due, Tenant shall pay to Landlord 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 payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s 's default with respect to such overdue amount nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Quality Systems Inc

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Exhibit (10.2)-p10 EXHIBIT SECTION EXHIBIT (10.2) 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 Base Rent rent or Operating Costs Payments is other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five (5) 10 days of the date after such amount shall be due, or if then, without any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date such amount shall be duerequirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to ten percent (10%) 5% 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 payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s default 's Default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Lease Agreement (Champion Industries Inc)

Late Charges. (a) Tenant hereby acknowledges that late payment payments by Tenant to Landlord of Rent rent or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be impracticable or extremely difficult to ascertain. (b) Such costs include, but are not limited to, : (1) processing and accounting charges, and (2) late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Premises. Accordingly, if (c) If any installment of Base Rent rent or Operating Costs Payments any sum in addition to rent due from Tenant is not received by Landlord or Landlord’s designee within five ten (510) days of after the date such amount shall be due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date such amount shall be due, Tenant shall pay to Landlord a late charge equal to of ten percent (10%) percent of such overdue amounttotal monthly rent plus costs. 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 (d) All sums of such late charge money payable by Tenant to Landlord hereunder shall be deemed rent for use of the Premises and collectable by Landlord from Tenant as rent, and shall in no event constitute a waiver of Tenant’s default with respect be due form Tenant to such overdue amount nor prevent Landlord from exercising any of on the other rights and remedies granted hereunderLease due date following the month when the late payment occurred.

Appears in 1 contract

Samples: American Oilfield Divers Inc

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent rent 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 upon Landlord by terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Base Rent rent or Operating Costs Payments is of a sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five ten (510) days of the date such after written notice that said amount shall be is past due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date such amount shall be due, then Tenant shall pay to Landlord a late charge equal to ten percent (10%) per cent of such overdue amount. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Landlord will incur by reason of the late payment by Tenant. Acceptance of such late charge charges by the Landlord shall in no event constitute a waiver of Tenant’s 's default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.. (xi)

Appears in 1 contract

Samples: First Commercial Bancorp Inc

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Leaselease, 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 Base Rent rent or Operating Costs Payments is any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five ten (510) days of the date such amount shall be due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date after such amount shall be due, Tenant shall pay to Landlord 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 payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s 's default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Lease (United Community Bancshares Inc)

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Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent 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 Base Rent rent or Operating Costs Payments is any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five ten (510) days of the date such amount shall be due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date after such amount shall be due, Tenant shall pay to Landlord a late charge equal to ten three percent (103%) 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 payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s 's default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Lease (Real Goods Trading Corp)

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent rent 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 upon Landlord by terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Base Rent rent or Operating Costs Payments is of a sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five with ten (510) days of the date such after written notice that said amount shall be is past due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date such amount shall be due, then Tenant shall pay to Landlord a late charge equal to ten percent six (106%) per cent of such overdue amount. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Landlord will incur by reason of the late payment by Tenant. Acceptance of such late charge charges by the Landlord shall in no event constitute a waiver of Tenant’s 's default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Office Building Lease (Diagnostic Retrieval Systems Inc)

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent 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 Base Rent or Operating Costs operating costs Payments is not received by Landlord or Landlord’s 's designee within five (5) days of the date after notice that such amount shall be is past due, or if any installment of other Rent is not received by Landlord or Landlord’s 's designee on or before the date such amount shall be duedues, Tenant shall pay to Landlord a late charge equal to ten seven percent (107%) 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 payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s 's default with respect to such overdue amount nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. Notwithstanding the foregoing, Tenant shall be allowed two (2) grace periods per annum.

Appears in 1 contract

Samples: Sublease Agreement (Finet Com Inc)

Late Charges. 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 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 upon Landlord by the terms of any mortgage or trust dxxx covering the Premises. Accordingly, Accordingly if any installment of Base Rent or Operating Costs Payments is of a sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five (5) days of the date such after said amount shall be is past due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date such amount shall be due, then Tenant shall pay to Landlord a late charge equal to ten percent (10%) of such overdue amount. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Landlord will incur by reason of the late payment by Tenant. Acceptance of such late charge charges by the Landlord shall in no event constitute a waiver of Tenant’s 's default with respect to such overdue amount nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Lease (Lynch Corp)

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent rent 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 upon Landlord by terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Base Rent rent or Operating Costs Payments is of a sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five three (53) days of the date such after said amount shall be is due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date such amount shall be due, then Tenant shall pay to Landlord a late charge equal to ten percent (10%) per cent of such overdue amount. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Landlord will incur by reason of the late payment by Tenant. Acceptance of such late charge charges by the Landlord shall in no event constitute a waiver of Tenant’s 's default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Qt 5 Inc

Late Charges. 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 Base Rent rent or Operating Costs Payments is any other sum due from Tenant shall not be received by Landlord or Landlord’s designee within five (5) fifteen 15 days of the date such amount shall be due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date after such amount shall be due, Tenant shall pay to Landlord a late charge equal to ten eight percent (108%) 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 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 amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Lease Agreement (High Plains Gas, Inc.)

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent 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 anti costly to ascertain. Such costs include, but are not limited to, processing processing, administrative and accounting charges, and late charges which may be imposed out Landlord by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Base Rent rent or Operating Costs Payments is any other sum due from Tenant shall not be received by Landlord or Landlord’s designee within five ten (510) days of the date such amount shall be due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date after such amount shall be due, Tenant shall pay to Landlord a late charge equal to ten percent (10%10”%) of such overdue amount. The parties hereby agree that such late charge represents a fair and anti reasonable estimate of the costs Landlord will incur by reason as a consequence 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 amount, nor prevent Landlord from exercising any of the other rights and anti remedies granted hereunder.

Appears in 1 contract

Samples: Center Lease (Bank Holdings)

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent 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, include but are not limited to, 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 Base Rent rent or Operating Costs Payments is any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five ten (510) days of the date such amount shall be due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date after such amount shall be due, Tenant shall pay to Landlord 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 payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s 's default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Industrial Lease Agreement (Zilog Inc)

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent 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 chargescharges 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 Base Rent rent or Operating Costs Payments is any other sum due from Tenant shall not be received by Landlord or Landlord’s designee within five (5) days of the date such amount shall be due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date after such amount shall be due, Tenant shall pay to Landlord a late charge equal to ten percent (10%) of such overdue amount, which shall be Additional Rent; provided, however, Landlord shall waive such late charge with respect to the first late payment in any consecutive 12 month period provided that Tenant pays the delinquent amount within 5 days after receipt of written notice from Landlord that the amount is past due. 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.

Appears in 1 contract

Samples: Office Lease (Content Checked Holdings, Inc.)

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent rent 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 upon Landlord by terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Base Rent rent or Operating Costs Payments is of a sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five (510) days of the date such after written notice that said amount shall be is past due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date such amount shall be due, then Tenant shall pay to Landlord a late charge equal to ten percent (10to(5%) percent of such overdue amount. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Landlord will incur by reason of the late payment by TenantXxxxxx. Acceptance of such late charge charges by the Landlord shall in no event constitute a waiver of Tenant’s 's default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Lease (Community Bancorp Inc)

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent 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 oPound Sterling any mortgage or trust deed covering the Premises. Accordingly, if any installment of Base Rent rent or Operating Costs Payments is any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five ten (510) days of the date such amount shall be due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date after such amount shall be due, Tenant shall pay to Landlord 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 payment by Tenant. Acceptance of oPound Sterling such late charge by Landlord shall in no event constitute a waiver of Tenant’s 's default with respect to such overdue amount nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: International Barter Corp

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Base Rent and other amounts 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 loan secured by the Building. Accordingly, if any installment of Base Rent or Operating Costs Payments is any other sums due from Tenant shall not be received by Landlord or Landlord’s designee within five (5) days of on the date such amount shall be due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date such amount shall be due, Tenant shall pay to Landlord 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 payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s event of default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunderunder this Lease.

Appears in 1 contract

Samples: Village Industrial Gross Lease (Celera CORP)

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent 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 chargescharges 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 Base Rent rent or Operating Costs Payments is any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five ten (510) days of the date such amount shall be due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date after such amount shall be due, Tenant shall pay to Landlord a late charge equal to ten five percent (105%) 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 payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s 's default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Lease (Temecula Valley Bancorp Inc)

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent rent or other sums due hereunder will cause Landlord to incur costs not nor contemplated by this Lease, the . The exact amount of which will be extremely difficult to ascertain. Such , such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by terms of any mortgage or trust deed covering the premises. Accordingly, if any installment of Base Rent rent or Operating Costs Payments is of a sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five (5ten(10) days of the date such after written notice that said amount shall be is past due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date such amount shall be due, then Tenant shall pay to Landlord a late charge equal to ten percent (10%) percent of such overdue amount. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Landlord will incur by reason of the late payment by Tenant. Acceptance of such late charge charges by the Landlord shall in no event constitute a waiver of Tenant’s 's default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Anchor Pacific Underwriters Inc

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent 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 Base Rent rent or Operating Costs Payments is any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five ten (510) days of the date such amount shall be due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date after such amount shall be due, Tenant shall pay to Landlord a late charge equal to ten percent (10%) the prime rate of the Bank of America + 3% 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 payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s 's default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Net Lease (WMS Industries Inc /De/)

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent 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 costs, include, but are not limited to, processing and accounting chargescharges and late charges which may be imposed on Landlord by the term of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Base Rent rent or Operating Costs Payments is any other sums due from Tenant shall not be received by Landlord or Landlord’s designee within five ten (510) days of the date such after that said amount shall be is due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date such amount shall be due, then Tenant shall pay to Landlord a late charge equal to of ten percent (10%) of such overdue amount, but not any interest thereon. In no event shall any late charge be required in violation of any law. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs cost 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 amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Non Disturbance Agreement

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent rent 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 upon Landlord by terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Base Rent rent or Operating Costs Payments is of sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five ten (510) days of the date such after written notice that said amount shall be is past due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date such amount shall be due, then Tenant shall pay to Landlord a late charge equal to ten percent (10%) per cent of such overdue amount. The parties hereby agree that such late charge represents charged represent a fair and reasonable estimate of the costs cost that Landlord will incur by reason of the late payment by Tenant. Acceptance of such late charge charges by the Landlord shall in no event constitute a waiver of Tenant’s 's default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.. (xi)

Appears in 1 contract

Samples: Coast Bancorp

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent or 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 Base Rent rent or Operating Costs Payments is any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five ten (510) days of the date such amount shall be due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date after such amount shall be due, Tenant shall pay to Landlord 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 payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s 's default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Lease Agreement (Teltrust Inc)

Late Charges. 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 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 upon Landlord by terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Base Rent or Operating Costs Payments is of a sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five (5) days of the date such after said amount shall be is due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date such amount shall be due, then Tenant shall pay to Landlord a one-time late charge equal to ten five percent (105%) of such overdue amount. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Landlord will incur by reason of the late payment by Tenant. Acceptance of such late charge charges by Landlord shall in no event constitute a waiver of Tenant’s 's default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Lease Agreement (AeroGrow International, Inc.)

Late Charges. Tenant hereby acknowledges that late payment by ------------ Tenant to Landlord of Rent rent 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 upon Landlord by terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment or rent or of Base Rent or Operating Costs Payments is a sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five ten (510) days of after the date such amount shall be is past due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date such amount shall be due, then Tenant shall pay to Landlord a late charge equal to ten five percent (105%) of such overdue amount. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Landlord will incur by reason of the late payment by Tenant. Acceptance of such late charge charges by the Landlord shall in no event constitute a waiver of Tenant’s 's default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Letter Agreement (Lightbridge Inc)

Late Charges. 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 Base Rent rent or Operating Costs Payments is any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five ten (510) days of the date such amount shall be due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date after such amount shall be due, Tenant shall pay to Landlord a late charge equal to ten five percent (105%) of such overdue amount. 20 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 's default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Extend Lease Term (Action Performance Companies Inc)

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent 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. 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 Base Rent rent or Operating Costs Payments is any other sum due from Tenant shall not be received by Landlord or Landlord’s designee 's dasignee within five live (5) days of the date such amount shall be due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date alter such amount shall be due, Tenant shall pay to Landlord a late charge equal to ten percent (10%) of such overdue amount. 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 payment by Tenant. Tenant Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s 's default with respect to such overdue amount nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Imarx Therapeutics Inc

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent rent 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 upon Landlord by terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Base Rent rent or Operating Costs Payments is of a sum due from Tenant shall not be received by Landlord or Landlord’s designee within five ten (510) days of the date such after written notice that said amount shall be is past due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date such amount shall be due, then Tenant shall pay to Landlord a late charge equal to ten percent (10%) per cent of such overdue amount. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Landlord will incur by reason of the late payment by Tenant. Acceptance of such late charge charges by the Landlord shall in no event constitute a waiver of Tenant’s default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Office Building Lease (Health Net Inc)

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent rent 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 cost include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Base Rent rent or Operating Costs Payments is a sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within with five (5) days of the date such after said amount shall be is due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date such amount shall be due, Tenant shall pay to Landlord a late charge equal to ten percent (10%) of such overdue amount. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Landlord will incur by reason of the late payment by TenantXxxxxx. Acceptance of such late charge charges by the Landlord shall in no event constitute a waiver of Tenant’s 's default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Office Space Lease Agreement (Mobile Pet Systems Inc)

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent 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 payment of Base Rent or Operating Costs Payments is not received by Landlord or Landlord’s designee within five (5) days of the date such amount shall be due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date such amount shall be made when due, Tenant shall pay to Landlord 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 payment by TenantXxxxxx. 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. Anything herein to the contrary notwithstanding, Landlord shall not impose a late charge with respect to the first late payment of Rent in a calendar year, provided the subject late payment is made in full within three (3) days after written notice from Landlord that the same is due and unpaid.

Appears in 1 contract

Samples: Commencement of Lease (Freedom Acquisition I Corp.)

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent 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 Base Rent rent or Operating Costs Payments is any other sum due from Tenant shall not be received by Landlord or Landlord’s designee within five (5) ten days of the date such amount shall be due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date after such amount shall be due, Tenant shall pay to Landlord a late charge charges 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 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 amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Lease (Vu1 CORP)

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent rent and other sums 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 or trust deed covering the Premises. Accordingly, if any installment of Base Rent rent or Operating Costs Payments is any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five (5) four days of the date such after said amount shall be is due, then Tenant shall, without prior notice or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date such amount shall be duedemand, Tenant shall pay to Landlord 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 cost 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 's default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunderunder this Lease.

Appears in 1 contract

Samples: Gross Lease Agreement (Us Global Aerospace Inc)

Late Charges. Tenant hereby acknowledges that the late payment by Tenant to Landlord of Rent rent 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 upon Landlord by terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Base Rent rent or Operating Costs Payments is of a sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five (5) days by the 10th day of the date such amount shall be calendar month in which it is due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date such amount shall be due, then Tenant shall pay to Landlord a late charge equal to ten percent (10eighteen percent(18%) of such overdue amount. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Landlord will incur by reason of the late payment by Tenant. Acceptance of such late charge charges by the Landlord shall in no event constitute a waiver of Tenant’s 's default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.. (xi)

Appears in 1 contract

Samples: Pawnbroker Com Inc

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent 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 Base Rent rent or Operating Costs Payments is any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five ten (510) days of the date after such amount shall be duedue (or after written notice and expiration of the 10-day cure period, or if as applicable), then, without any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date such amount shall be duerequirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to ten percent (10%) 3 % 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 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.of

Appears in 1 contract

Samples: Tenant Lease (Brooktrout Technology Inc)

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent 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 Base Rent rent or Operating Costs Payments is any other sum due form Tenant shall not be received by Landlord or Landlord’s 's designee within five ten (510) days of the date such amount shall be due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date after such amount shall be due, Tenant shall pay to Landlord 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 payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s 's default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Sublease Agreement (Amazon Com Inc)

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent rent 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 upon Landlord by terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Base Rent rent or Operating Costs Payments of any other sum due from Tenant is not received by Landlord or Landlord’s designee within five ten (510) days of the date such when said amount shall be is due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date then such amount late payment shall be due, incur a late charge and Tenant shall pay to Landlord a late charge an amount equal to ten percent (10%) of such overdue amount. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Landlord will incur by reason of the late payment by Tenant. Tenant Acceptance of such late charge charges by the Landlord shall in no event constitute a waiver of Tenant’s default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Office Building Lease (ExactTarget, Inc.)

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent rent 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 Premises. Accordingly, if any installment of Base Rent rent or Operating Costs Payments is any other sum due from Tenant shall not be received by Landlord or Landlord’s designee within five (510) days of the date such amount shall be due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date after such amount shall be due, Tenant shall pay to Landlord a late charge equal to ten percent (10%) percent 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 payment 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 amount, nor prevent Landlord from exercising any of the Landlord’s other rights and remedies granted hereunderremedies.

Appears in 1 contract

Samples: Lease (Wilshire Bancorp Inc)

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent rent 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 upon Landlord by terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Base Rent rent or Operating Costs Payments is of a sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five (5ten ( 10) days of the date such clays after written notice that said amount shall be is past due, or if any installment of other Rent is not received by Landlord or Landlord’s designee on or before the date such amount shall be due, then Tenant shall pay to Landlord a late charge equal to ten percent per cent (10%) of such overdue amount. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Landlord will incur by reason of late the fate payment by Tenant. Acceptance of such late charge charges by the Landlord shall in no event constitute a waiver of Tenant’s 's default with respect to such overdue amount amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Sionix Corp

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