Common use of Delinquent Payment; Handling Charges Clause in Contracts

Delinquent Payment; Handling Charges. All past due payments required of Tenant hereunder received 5 days after due date shall bear interest from the date due until paid at the lesser of fifteen percent (15%) per annum or the maximum lawful rate of interest (such lesser amount is referred to herein as the “Default Rate”); additionally, Landlord, in addition to all other rights and remedies available to it, may charge Tenant a fee equal to ten percent (10%) of the delinquent payment to reimburse Landlord for its cost and inconvenience incurred as a consequence of Tenant’s delinquency. Any such late charge and interest payment shall be payable as Additional Rent under this Lease, shall not be considered a waiver by Landlord of any default by Tenant hereunder, and shall be payable immediately on demand. In no event, however, shall the charges permitted under this Section 5 or elsewhere in this Lease, to the extent they are considered to be interest under applicable Law, exceed the maximum lawful rate of interest.

Delinquent Payment; Handling Charges. All past due payments required of Tenant hereunder received 5 days after due date shall bear interest from the date due until paid at the lesser of fifteen percent (15%) 18% per annum (the "Interest Rate") or the maximum lawful rate of interest (such lesser amount is referred to herein as the “Default Rate”)interest; additionally, Landlordafter Landlord has delivered to Tenant three written notices of its failure to pay Rent when due, in addition then Landlord may, without delivering to all other rights and remedies available to itTenant notice of such delinquency, may charge Tenant a fee equal to ten percent (10%) 5% of the any future delinquent payment during the 12-month period following such third delinquency to reimburse Landlord for its cost and inconvenience incurred as a consequence of Tenant’s 's delinquency. Any such late charge and interest payment shall be payable as Additional Rent under this Lease, shall not be considered a waiver by Landlord of any default by Tenant hereunder, and shall be payable immediately on demand. In no event, however, shall the charges permitted under this Section 5 4 or elsewhere in this Lease, to the extent they are considered to be interest under applicable Lawlaw, exceed the maximum lawful rate of interest. Tenant shall not be obligated to pay default interest at the Interest Rate upon any past due payments unless Landlord has notified Tenant of such past due amount.

Delinquent Payment; Handling Charges. All past due payments (other than late charges) required of Tenant hereunder received 5 days after due date shall bear interest from the date due until paid at the lesser of fifteen percent (15%) per annum or the maximum lawful rate of interest (such lesser amount is referred to herein as the “Default Rate”); additionally, Landlord, in addition to all other rights and remedies available to it, may charge Tenant a fee equal to ten five percent (105%) of the delinquent payment to reimburse Landlord for its cost and inconvenience incurred as a consequence of Tenant’s delinquency. Any such late charge and interest payment shall be payable as Additional Rent under this Lease, shall not be considered a waiver by Landlord of any default by Tenant hereunder, and shall be payable immediately on demand. In no event, however, shall the charges permitted under this Section 5 or elsewhere in this Lease, to the extent they are considered to be interest under applicable Law, exceed the maximum lawful rate of interest.

Delinquent Payment; Handling Charges. All past due payments required of Tenant hereunder received 5 which are more than five (5) days after due date past due, shall bear interest from the date due until paid at the lesser of fifteen percent (15%) per annum or the maximum lawful rate of interest equal to two percent (such lesser amount is referred 2%) above the prime rate (the "Prime Rate") of interest in effect on the date of payment at the Bank One, NA or its successor; after the second event of a payment being more than five (5) days past due in any one calendar year or the third event in any two consecutive calendar years, Tenant shall pay to herein as the “Default Rate”); additionally, Landlord, in addition to all other rights and remedies available to it, may charge Tenant Landlord within ten (10) days following receipt of written demand from Landlord a fee equal to ten five percent (105%) of the any delinquent payment occurring during the twenty-four (24) months after such second or third occurrence, as the case may be, to reimburse Landlord for its cost and inconvenience incurred as a consequence of Tenant’s 's delinquency. Any such late charge and interest payment shall be payable as Additional Rent under this Lease, shall not be considered a waiver by Landlord of any default by Tenant hereunder, and shall be payable immediately on demand. In no event, however, shall the charges permitted under this Section 5 3.5 or elsewhere in this Lease, to the extent they are considered to be interest under applicable Lawlaw, exceed the maximum lawful rate of interest.

Delinquent Payment; Handling Charges. All past due Any payments (other than late charges) required of Tenant hereunder received 5 days after due date shall bear interest from the date which is five (5) days after the date due until paid at the lesser of fifteen ten percent (1510%) per annum or the maximum lawful rate of interest (such lesser amount is referred to herein as the “Default Rate”); additionally. Additionally, Landlordif Tenant fails to pay any installment of Rent within five (5) days after its due date, in addition then Tenant shall pay to all other rights and remedies available to it, may Landlord a late charge Tenant a fee equal to ten five percent (105%) of such overdue amount; provided, however, that the delinquent payment late charge shall not be imposed upon Tenant without providing five days’ prior written notice one (1) time in any twelve (12) month period. The parties agree that such late charge is intended to reimburse Landlord for its cost and inconvenience incurred as a consequence of Tenant’s delinquency. Any such late charge and interest payment shall be payable as Additional Rent under this Lease, shall not be considered a waiver by Landlord of any default by Tenant hereunder, and shall be payable immediately on demand. In no event, however, shall the charges permitted under this Section 5 or elsewhere in this Lease, to the extent they are considered to be interest under applicable Law, exceed the maximum lawful rate of interest.

Delinquent Payment; Handling Charges. All past due payments required of Tenant hereunder not received 5 days after due date shall bear interest from the date due until paid at the lesser of fifteen percent within [**] (15%) per annum or the maximum lawful rate of interest (such lesser [**]amount is referred to herein as the “Default Rate”); additionally, Landlord, in addition to all other rights and remedies available to it, may charge Tenant a fee equal to ten percent (10%) the greater of [**] of the delinquent payment to reimburse Landlord for its cost and inconvenience incurred as a consequence of Tenant’s delinquency. Any such late charge and interest payment shall be payable as Additional Rent under this Lease, shall not be considered a waiver by Landlord of any default by Tenant hereunder, and shall be payable immediately on demand. In no event, however, shall the charges permitted under this Section 5 or elsewhere in this Lease, to the extent they are considered to be interest under applicable Law, exceed the maximum lawful rate of interest. Notwithstanding the foregoing, no charges or fees referenced in this Section 5 shall be charged with respect to the first and second occurrence (but not any subsequent occurrence) during any twelve (12)-month period that Tenant fails to make payment within five (5) business days of the date due, until five (5) business days after Landlord delivers written notice of such delinquency to Tenant.

Delinquent Payment; Handling Charges. All past due payments required of Tenant hereunder received 5 days after due date shall bear interest from the date due that is three (3) Business Days after Landlord’s written notice thereof until paid at the lesser of fifteen ten percent (1510%) per annum or the maximum lawful rate of interest (such lesser amount is referred to herein as the “Default Rate”); additionally, Landlord, in addition to all other rights and remedies available to it, may charge Tenant a fee equal to ten five percent (105%) of the delinquent payment (the “Late Charge”) to reimburse Landlord for its cost and inconvenience incurred as a consequence of Tenant’s delinquency. Any such late charge and interest payment shall be payable as Additional Rent under this Lease, shall not be considered a waiver by Landlord of any default by Tenant hereunder, and shall be payable immediately on demand. In no event, however, shall the charges permitted under this Section 5 or elsewhere in this Lease, to the extent they are considered to be interest under applicable Law, 151177627 v8 exceed the maximum lawful rate of interest. Notwithstanding the foregoing, Landlord shall waive the accrual of the Default Rate and the payment the Late Charge once in any given twelve (12) month period.

Delinquent Payment; Handling Charges. All past due payments required of Tenant hereunder received 5 days after due date shall bear interest from beginning five (5) days after the date due until paid at the lesser of fifteen twelve percent (1512%) per annum or the maximum lawful rate of interest (such lesser amount is referred to herein as the “Default Rate”); additionally, Landlord, in addition to all other rights and remedies available to it, may charge Tenant a fee equal to ten the lower of Two Thousand and no/100 Dollars ($2,000.00) or three percent (103%) of the delinquent payment to reimburse Landlord for its cost and inconvenience incurred as a consequence of Tenant’s delinquency. Any such late charge and interest payment shall be payable as Additional Rent under this Lease, shall not be considered a waiver by Landlord of any default by Tenant hereunder, and shall be payable immediately on within ten (10) days after demand. In no event, however, shall the charges permitted under this Section 5 or elsewhere in this Lease, to the extent they are considered to be interest under applicable Law, exceed the maximum lawful rate of interest.

Delinquent Payment; Handling Charges. All past due payments required of Tenant hereunder received 5 days after due date shall bear interest from the date due until paid at the lesser of fifteen eight (8) percent (15%) per annum or the maximum lawful rate of interest (such lesser amount is referred to herein as the “Default Rate”); additionally, Landlord, in the case of Tenant’s failure to pay any payment of Base Rent hereunder which continues for three business days after notice thereof to Tenant by Landlord, and in addition to all other rights and remedies available to it, Landlord may charge Tenant a fee equal to ten two percent (102%) of the delinquent payment to reimburse Landlord for its cost and inconvenience incurred as a consequence of Tenant’s delinquency. Any such late charge and interest payment shall be payable as Additional Rent under this Lease, shall not be considered a waiver by Landlord of any default by Tenant hereunder, and shall be payable immediately on demand. In no event, however, shall the charges permitted under this Section 5 or elsewhere in this Lease, to the extent they are considered to be interest under applicable Law, exceed the maximum lawful rate of interest.

Delinquent Payment; Handling Charges. All past due payments required of Tenant hereunder received 5 days after due date shall bear interest from the date due until paid at the lesser of fifteen percent (15%) per annum or the maximum lawful rate of interest (such lesser amount is referred to herein as the “Default Rate”); additionally, Landlord, in addition to all other rights and remedies available to it, may charge Tenant a fee equal to ten five percent (105%) of the delinquent payment to reimburse Landlord for its cost and inconvenience incurred as a consequence of Tenant’s delinquency. Any such late charge and interest payment shall be payable as Additional Rent under this Lease, shall not be considered a waiver by Landlord of any default by Tenant hereunder, and shall be payable immediately on demand. In no event, however, shall the charges permitted under this Section 5 or elsewhere in this Lease, to the extent they are considered to be interest under applicable Law, exceed the maximum lawful rate of interest.

Delinquent Payment; Handling Charges. All past due payments (other than late charges) required of Tenant hereunder received 5 days after due date shall bear interest from the date due until paid at the lesser of fifteen ten percent (1510%) per annum or the maximum lawful rate of interest (such lesser amount is referred to herein as the “Default Rate”); additionally, Landlord, in addition to all other rights and remedies available to it, may charge Tenant a fee equal to ten five percent (105%) of the delinquent payment to reimburse Landlord for its cost and inconvenience incurred as a consequence of Tenant’s delinquency, provided, however, that Landlord shall waive the imposition of any such late charge for the first late payment in any twelve (12) month period during the Term provided Tenant pays such overdue amounts within three (3) Business Days following written notice from Landlord that such amounts are past due. Any such late charge and interest payment shall be payable as Additional Rent under this Lease, shall not be considered a waiver by Landlord of any default by Tenant hereunder, and shall be payable immediately on demand. In no event, however, shall the charges permitted under this Section 5 or elsewhere in this Lease, to the extent they are considered to be interest under applicable Law, exceed the maximum lawful rate of interest.