Common use of Delinquent Payments and Handling Charge Clause in Contracts

Delinquent Payments and Handling Charge. All Rent and other payments required of Tenant hereunder shall bear interest from five (5) business days after the date due until the date paid at the rate of interest specified in Paragraph 15 of the Summary. In no event, however, shall the charges permitted under this Section 5.04 or elsewhere in this Lease, to the extent the same are considered to be interest under applicable law, exceed the maximum rate of interest allowable under applicable law. Tenant acknowledges that late payment by Tenant to Landlord of any amount due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such costs include, without limitation, processing and accounting charges, and late charges that may be imposed on Landlord by the terms of any encumbrance or note secured by any encumbrancer covering the Premises. Therefore, if any amount due hereunder from Tenant is not received by Landlord within five (5) business days of when due, Tenant shall pay to Landlord, as a late charge, an additional sum of: (i) $2,500.00 for the first such instance of late payment, or (ii) five percent (5%) of the overdue amount for each instance of late payment thereafter. The Parties agree that this late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of late payment by Tenant. Acceptance of any late charge shall not constitute a waiver of Tenant’s default with respect to the overdue amount nor prevent Landlord from exercising any of the other rights and remedies of Landlord under this Lease.

Delinquent Payments and Handling Charge. All Rent and other payments required of Tenant hereunder shall bear interest from five (5) business days after the date due until the date paid at the rate of interest specified in Paragraph 15 Section 27.13. In addition, if any Base Rent, Additional Rent or other payments required of Tenant hereunder are not received by Landlord when due on more than one (1) occasion in any Lease Year, Tenant shall pay to Landlord a late charge of three percent (3%) of the Summarydelinquent payment to reimburse Landlord for its costs and inconvenience incurred as a consequence of Tenant’s delinquency (other than interest, attorneys’ fees and costs). The parties agree that this late charge represents a reasonable estimate of the expenses that Landlord will incur because of any late payment (other than interest, attorneys’ fees and costs). Landlord’s acceptance of any late charge shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the rights and remedies available to Landlord under this Lease. Tenant shall pay the late charge as Additional Rent with the next installment of Additional Rent. In no event, however, shall the charges permitted under this Section 5.04 5.7 or elsewhere in this Lease, to the extent the same are considered to be interest under applicable law, exceed the maximum rate of interest allowable under applicable law. Tenant acknowledges that late payment If any two noncash payments made by Tenant to Landlord of any amount due under this Lease will cause Landlord to incur costs are not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such costs include, without limitation, processing and accounting charges, and late charges that may be imposed on Landlord paid by the terms of any encumbrance bank or note secured other institution on which they are drawn, Landlord shall have the right, exercised by any encumbrancer covering the Premises. Thereforenotice to Tenant, if any amount due hereunder from to require that Tenant is not received make all future payments by Landlord within five (5) business days of when due, Tenant shall pay to Landlord, as a late charge, an additional sum of: (i) $2,500.00 for the first such instance of late payment, certified funds or (ii) five percent (5%) of the overdue amount for each instance of late payment thereafter. The Parties agree that this late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of late payment by Tenant. Acceptance of any late charge shall not constitute a waiver of Tenantcashier’s default with respect to the overdue amount nor prevent Landlord from exercising any of the other rights and remedies of Landlord under this Leasecheck.

Delinquent Payments and Handling Charge. All If any Base Rent, Additional Rent and or other payments required of Tenant hereunder shall bear interest from are not received by Landlord when due on more than one (1) occasion in any 12-month period (or if, on such one (1) occasion, Tenant’s failure to pay such delinquent amounts continues for five (5) business days after written notice from Landlord), then (a) any such delinquent amounts shall bear interest from the date due until the date paid at the rate of interest Interest Rate specified in Paragraph 15 of the Summary. In no event, however, shall the charges permitted under this Section 5.04 or elsewhere in this Lease, to the extent the same are considered to be interest under applicable law, exceed the maximum rate of interest allowable under applicable law. Tenant acknowledges that late payment by Tenant to Landlord of any amount due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such costs include, without limitation, processing and accounting charges27.13 below, and late charges that may be imposed on Landlord by the terms of any encumbrance or note secured by any encumbrancer covering the Premises. Therefore, if any amount due hereunder from Tenant is not received by Landlord within five (5b) business days of when due, Tenant shall pay to Landlord, as Landlord a late charge, an additional sum of: (i) $2,500.00 for the first such instance charge of late payment, or (ii) five percent (5%) of the overdue amount delinquent payment to reimburse Landlord for each instance its costs and inconvenience incurred as a consequence of late payment thereafterTenant’s delinquency (other than interest, attorneys’ fees and costs). The Parties parties agree that this late charge set forth in clause (b) hereinabove represents a fair and reasonable estimate of the costs expenses that Landlord will incur by reason because of any late payment by Tenant(other than interest, reasonable attorneys’ fees and costs). Acceptance Landlord’s acceptance of any late charge shall not constitute a waiver of Tenant’s default with respect to the overdue amount nor or prevent Landlord from exercising any of the other rights and remedies of available to Landlord under this Lease.. Tenant shall pay the late charge as Additional Rent with the next installment of Additional Rent. In no event, however, shall the charges permitted under this

Delinquent Payments and Handling Charge. All Base Rent and other payments required of Tenant Additional Rent hereunder shall bear interest from five (5) business days after the date due until the date paid at the rate of interest specified in Paragraph 15 Section 27.13. In addition, if any Base Rent, Additional Rent or other payments required of Tenant hereunder are not received by Landlord when due on more than one (1) occasion in any Lease Year, Tenant shall pay to Landlord a late charge of three percent (3%) of the Summarydelinquent payment to reimburse Landlord for its costs and inconvenience incurred as a consequence of Tenant’s delinquency (other than interest, attorneys’ fees and costs). The parties agree that this late charge represents a reasonable estimate of the expenses that Landlord will incur because of any late payment (other than interest, attorneys’ fees and costs). Landlord’s acceptance of any late charge shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the rights and remedies available to Landlord under this Lease. Tenant shall pay the late charge as Additional Rent with the next installment of Additional Rent. In no event, however, shall the charges permitted under this Section 5.04 5.7 or elsewhere in this Lease, to the extent the same are considered to be interest under applicable law, exceed the maximum rate of interest allowable under applicable law. Tenant acknowledges that late payment If any two noncash payments made by Tenant to Landlord of any amount due under this Lease will cause Landlord to incur costs are not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such costs include, without limitation, processing and accounting charges, and late charges that may be imposed on Landlord paid by the terms of any encumbrance bank or note secured other institution on which they are drawn, Landlord shall have the right, exercised by any encumbrancer covering the Premises. Thereforenotice to Tenant, if any amount due hereunder from to require that Tenant is not received make all future payments by Landlord within five (5) business days of when due, Tenant shall pay to Landlord, as a late charge, an additional sum of: (i) $2,500.00 for the first such instance of late payment, certified funds or (ii) five percent (5%) of the overdue amount for each instance of late payment thereafter. The Parties agree that this late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of late payment by Tenant. Acceptance of any late charge shall not constitute a waiver of Tenantcashier’s default with respect to the overdue amount nor prevent Landlord from exercising any of the other rights and remedies of Landlord under this Leasecheck.

Delinquent Payments and Handling Charge. All Rent and other --------------------------------------- payments required of Tenant hereunder shall bear interest from five (5) business days after the date due until the date paid at the rate of interest specified in Paragraph 15 Section 27.13. Any amount payable by Landlord to Tenant shall bear interest from the date due until paid at the rate of interest specified in Section 27.13. In addition, Tenant shall pay to Landlord a late charge of two and one-half percent (2.5%) of the Summarydelinquent payment if (a) any Base Rent, Additional Rent or other payments required of Tenant hereunder are not received by Landlord within 5 days of when due; or (b) any Base Rent, Additional rent or other payments required of Tenant hereunder are not received by Landlord when due on more than three (3) occasions in any Lease Year to reimburse Landlord for its costs and inconvenience incurred as a consequence of Tenant's delinquency (other than interest, attorneys' fees and costs). The parties agree that this late charge represents a reasonable estimate of the expenses that Landlord will incur because of any late payment (other than interest, attorneys' fees and costs). Landlord's acceptance of any late charge shall not constitute a waiver of Tenant's default with respect to the overdue amount or prevent Landlord from exercising any of the rights and remedies available to Landlord under this Lease. Tenant shall pay the late charge as Additional Rent with the next installment of Additional Rent. In no event, however, shall the charges permitted under this Section 5.04 5.7 or elsewhere in this Lease, to the extent the same are considered to be interest under applicable law, exceed the maximum rate of interest allowable under applicable law. Tenant acknowledges that late payment If any two noncash payments made by Tenant to Landlord of any amount due under this Lease will cause Landlord to incur costs are not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such costs include, without limitation, processing and accounting charges, and late charges that may be imposed on Landlord paid by the terms of any encumbrance bank or note secured other institution on which they are drawn, Landlord shall have the right, exercised by any encumbrancer covering the Premises. Thereforenotice to Tenant, if any amount due hereunder from to require that Tenant is not received make all future payments by Landlord within five (5) business days of when due, Tenant shall pay to Landlord, as a late charge, an additional sum of: (i) $2,500.00 for the first such instance of late payment, certified funds or (ii) five percent (5%) of the overdue amount for each instance of late payment thereafter. The Parties agree that this late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of late payment by Tenant. Acceptance of any late charge shall not constitute a waiver of Tenant’s default with respect to the overdue amount nor prevent Landlord from exercising any of the other rights and remedies of Landlord under this Leasecashier's check.

Delinquent Payments and Handling Charge. All If any Base Rent, Additional Rent and or other payments required of Tenant hereunder shall bear interest from are not received by Landlord when due on more than one (1) occasion in any 12-month period (or if, on such one (1) occasion, Tenant’s failure to pay such delinquent amounts continues for five (5) business days after written notice from Landlord), then (a) any such delinquent amounts shall bear interest from the date due until the date paid at the rate of interest Interest Rate specified in Paragraph 15 Section 27.13 below, and (b) Tenant shall pay to Landlord a late charge of five percent (5%) of the Summarydelinquent payment to reimburse Landlord for its costs and inconvenience incurred as a consequence of Tenant’s delinquency (other than interest, attorneys’ fees and costs). The parties agree that this late charge set forth in clause (b) hereinabove represents a reasonable estimate of the expenses that Landlord will incur because of any late payment (other than interest, reasonable attorneys’ fees and costs). Landlord’s acceptance of any late charge shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the rights and remedies available to Landlord under this Lease. Tenant shall pay the late charge as Additional Rent with the next installment of Additional Rent. In no event, however, shall the charges permitted under this Section 5.04 5.8 or elsewhere in this Lease, to the extent the same are considered to be interest under applicable law, exceed the maximum rate of interest allowable under applicable law. Tenant acknowledges that late payment If any two non-cash payments made by Tenant to Landlord of any amount due under this Lease will cause Landlord to incur costs are not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such costs include, without limitation, processing and accounting charges, and late charges that may be imposed on Landlord paid by the terms of any encumbrance bank or note secured other institution on which they are drawn, Landlord shall have the right, exercised by any encumbrancer covering the Premises. Thereforenotice to Tenant, if any amount due hereunder from to require that Tenant is not received make all future payments by Landlord within five (5) business days of when due, Tenant shall pay to Landlord, as a late charge, an additional sum of: (i) $2,500.00 for the first such instance of late payment, certified funds or (ii) five percent (5%) of the overdue amount for each instance of late payment thereafter. The Parties agree that this late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of late payment by Tenant. Acceptance of any late charge shall not constitute a waiver of Tenantcashier’s default with respect to the overdue amount nor prevent Landlord from exercising any of the other rights and remedies of Landlord under this Leasecheck.

Delinquent Payments and Handling Charge. All Rent and other payments required of Tenant hereunder shall bear interest from five (5) business days after the date due until the date paid at the rate of interest specified in Paragraph 15 Section 27.13. In addition, if any Base Rent, Additional Rent or other payments required of Tenant hereunder are not received by Landlord (i) when due on more than three (3) occasions in any Lease Year, or (ii) within five (5) days of when due on any occasion, Tenant shall pay to Landlord a late charge of five percent (5%) of the Summarydelinquent payment to reimburse Landlord for its costs and inconvenience incurred as a consequence of Tenant's delinquency (other than interest, attorneys' fees and costs). The parties agree that this late charge represents a reasonable estimate of the expenses that Landlord will incur because of any late payment (other than interest, attorneys' fees and costs). Landlord's acceptance of any late charge shall not constitute a waiver of Tenant's default with respect to the overdue amount or prevent Landlord from exercising any of the rights and remedies available to Landlord under this Lease. Tenant shall pay the late charge as Additional Rent with the next installment of Additional Rent. In no event, however, shall the charges permitted under this Section 5.04 5.7 or elsewhere in this Lease, to the extent the same are considered to be interest under applicable law, exceed the maximum rate of interest allowable under applicable law. Tenant acknowledges that late payment If any two noncash payments made by Tenant to Landlord of any amount due under this Lease will cause Landlord to incur costs are not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such costs include, without limitation, processing and accounting charges, and late charges that may be imposed on Landlord paid by the terms of any encumbrance bank or note secured other institution on which they are drawn, Landlord shall have the right, exercised by any encumbrancer covering the Premises. Thereforenotice to Tenant, if any amount due hereunder from to require that Tenant is not received make all future payments by Landlord within five (5) business days of when due, Tenant shall pay to Landlord, as a late charge, an additional sum of: (i) $2,500.00 for the first such instance of late payment, certified funds or (ii) five percent (5%) of the overdue amount for each instance of late payment thereafter. The Parties agree that this late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of late payment by Tenant. Acceptance of any late charge shall not constitute a waiver of Tenant’s default with respect to the overdue amount nor prevent Landlord from exercising any of the other rights and remedies of Landlord under this Leasecashier's check.

Delinquent Payments and Handling Charge. All Rent and other payments required of Tenant hereunder shall bear interest from five (5) business days after the date due until the date paid at the rate of interest specified in Paragraph 15 Section 27.13. In addition, if any Base Rent, Additional Rent or other payments required of Tenant hereunder are not received by Landlord when due, Tenant shall pay to Landlord a late charge of five percent (5%) of the Summarydelinquent payment to reimburse Landlord for its costs and inconvenience incurred as a consequence of Tenant’s delinquency (other than interest, attorneys’ fees and costs). Tenant shall pay this amount for each calendar month in which all or any part of any delinquent payment remains delinquent after its due date. The parties agree that this late charge represents a reasonable estimate of the expenses that Landlord will incur because of any late payment (other than interest, attorneys’ fees and costs). Landlord’s acceptance of any late charge shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the rights and remedies available to Landlord under this Lease. Tenant shall pay the late charge as Additional Rent with the next installment of Additional Rent. In no event, however, shall the charges permitted under this Section 5.04 5.7 or elsewhere in this Lease, to the extent the same are considered to be interest under applicable law, exceed the maximum rate of interest allowable under applicable law. Tenant acknowledges that late payment If any two noncash payments made by Tenant to Landlord of any amount due under this Lease will cause Landlord to incur costs are not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such costs include, without limitation, processing and accounting charges, and late charges that may be imposed on Landlord paid by the terms of any encumbrance bank or note secured other institution on which they are drawn, Landlord shall have the right, exercised by any encumbrancer covering the Premises. Thereforenotice to Tenant, if any amount due hereunder from to require that Tenant is not received make all future payments by Landlord within five (5) business days of when due, Tenant shall pay to Landlord, as a late charge, an additional sum of: (i) $2,500.00 for the first such instance of late payment, certified funds or (ii) five percent (5%) of the overdue amount for each instance of late payment thereafter. The Parties agree that this late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of late payment by Tenant. Acceptance of any late charge shall not constitute a waiver of Tenantcashier’s default with respect to the overdue amount nor prevent Landlord from exercising any of the other rights and remedies of Landlord under this Leasecheck.

Delinquent Payments and Handling Charge. All delinquent Rent and other payments required of Tenant hereunder shall bear interest from five (5) business days after the date due until the date paid at the rate of interest specified in Paragraph 15 paragraph 27.13 below. In addition, if any Base Rent, Additional Rent or other payments required of Tenant hereunder are not received by Landlord when due, Tenant shall pay to Landlord a late charge of five percent (5%) of the Summarydelinquent payment to reimburse Landlord for its costs and inconvenience incurred as a consequence of Tenant’s delinquency (other than interest, attorney fees and costs). Base Rent, Additional Rent and other payments due hereunder shall be considered delinquent if not paid by the end of the fifth (5th) day after the date they are due. Tenant shall pay this amount for each calendar month in which all or any part of any delinquent payment remains delinquent after its due date. The parties agree that this late charge represents a reasonable estimate of the expenses that Landlord will incur because of any late payment (other than interest, attorneys’ fees and costs). Landlord’s acceptance of any late charge shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the rights and remedies available to Landlord under this Lease. Tenant shall pay the late charge as Additional Rent with the next installment of Additional Rent. In no event, however, shall the charges permitted under this Section 5.04 paragraph 5.7 or elsewhere in this Lease, to the extent the same are considered to be interest under applicable law, exceed the maximum rate of interest allowable under applicable law. Tenant acknowledges that late If any non-cash payment made by Tenant to Landlord of any amount due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such costs include, without limitation, processing and accounting charges, and late charges that may be imposed on Landlord by the terms of any encumbrance or note secured by any encumbrancer covering the Premises. Therefore, if any amount due hereunder from Tenant is not received paid by the bank or other institution on which it is drawn, Landlord within five (5) business days of when dueshall have the right, exercised by notice to Tenant, to require that Tenant shall pay to Landlord, as a late charge, an additional sum of: (i) $2,500.00 for the first such instance of late payment, make all future payments by certified funds or (ii) five percent (5%) of the overdue amount for each instance of late payment thereafter. The Parties agree that this late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of late payment by Tenant. Acceptance of any late charge shall not constitute a waiver of Tenantcashier’s default with respect to the overdue amount nor prevent Landlord from exercising any of the other rights and remedies of Landlord under this Leasecheck.

Delinquent Payments and Handling Charge. All Base Rent and other payments required of Tenant Additional Rent hereunder shall bear interest from five (5) business days after the date due until the date paid at the rate of interest specified in Paragraph 15 Section 27.13. In addition, if any Base Rent, Additional Rent or other payments required of Tenant hereunder are not received by Landlord when due on more than one (1) occasion in any Lease Year, Tenant shall pay to Landlord a late charge of three percent (3%) of the Summarydelinquent payment to reimburse Landlord for its costs and inconvenience incurred as a consequence of Tenant's delinquency (other than interest, attorneys' fees and costs). The parties agree that this late charge represents a reasonable estimate of the expenses that Landlord will incur because of any late payment (other than interest, attorneys' fees and costs). Landlord's acceptance of any late charge shall not constitute a waiver of Tenant's default with respect to the overdue amount or prevent Landlord from exercising any of the rights and remedies available to Landlord under this Lease. Tenant shall pay the late charge as Additional Rent with the next installment of Additional Rent. In no event, however, shall the charges permitted under this Section 5.04 5.7 or elsewhere in this Lease, to the extent the same are considered to be interest under applicable law, exceed the maximum rate of interest allowable under applicable law. Tenant acknowledges that late payment If any two noncash payments made by Tenant to Landlord of any amount due under this Lease will cause Landlord to incur costs are not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such costs include, without limitation, processing and accounting charges, and late charges that may be imposed on Landlord paid by the terms of any encumbrance bank or note secured other institution on which they are drawn, Landlord shall have the right, exercised by any encumbrancer covering the Premises. Thereforenotice to Tenant, if any amount due hereunder from to require that Tenant is not received make all future payments by Landlord within five (5) business days of when due, Tenant shall pay to Landlord, as a late charge, an additional sum of: (i) $2,500.00 for the first such instance of late payment, certified funds or (ii) five percent (5%) of the overdue amount for each instance of late payment thereafter. The Parties agree that this late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of late payment by Tenant. Acceptance of any late charge shall not constitute a waiver of Tenant’s default with respect to the overdue amount nor prevent Landlord from exercising any of the other rights and remedies of Landlord under this Leasecashier's check.