Common use of Interest and Late Charges Clause in Contracts

Interest and Late Charges. If Tenant fails to pay any Rent when due, the unpaid amounts shall bear interest from the due date until paid at a rate per annum equal to the Prime Rate plus five percent (5%) or, if less, at the highest rate of interest permitted by applicable law. As used herein, “Prime Rate” means the prime rate published in the Money Rates section of the Wall Street Journal Oyster Point Marina Plaza Office Lease Kashiwa Fudosan America, Inc. :: Novacea, Inc. [Suite 200 (400 OPB) ;25,288 rsf] (Western edition) as the same may change from time to time or in a similar publication if the Wall Street Journal ceases publication or ceases publication of its Money Rates section during the Term. Tenant acknowledges that the late payment of any monthly Rent will cause Landlord to lose the use of that money and incur costs and expenses not contemplated under this Lease, including administrative and collection costs and processing and account expenses, the exact amount of which it is difficult to ascertain. Therefore, in addition to interest, if any such installment is not received by Landlord within five (5) days from the date it is due, Tenant shall pay Landlord a late charge equal to ten percent (10%) of such installment. Landlord and Tenant agree that this late charge represents a reasonable estimate of such costs and expenses and is fair compensation to Landlord for the loss suffered from such nonpayment by Tenant. In addition, any check returned by the bank for any reason will be considered late and will be subject to all late charges plus an additional returned check fee of Twenty Dollars ($20.00). After two such occasions upon which checks have been returned in any twelve-month period, Landlord will have the right to require payment by a cashier’s check or money order. Acceptance of any interest or late charge shall not constitute a waiver of Tenant’s default with respect to such nonpayment by Tenant nor prevent Landlord from exercising any other rights or remedies available to Landlord under this Lease or at law or in equity, unless the payment of such interest and late charges is accompanied by all rentals then due and owning (notwithstanding anything to the contrary in § 20.2.1 below).

Interest and Late Charges. If Tenant fails to pay any when due Rent when dueor other amounts or charges which Tenant is obligated to pay under the terms of this Lease, the unpaid amounts shall bear interest from the due date until paid at a rate 12% per annum equal (“Interest Rate”), but not to exceed the Prime Rate plus five percent (5%) or, if less, at the highest maximum rate of interest permitted then allowed by applicable law. As used herein, “Prime Rate” means the prime rate published in the Money Rates section of the Wall Street Journal Oyster Point Marina Plaza Office Lease Kashiwa Fudosan America, Inc. :: Novacea, Inc. [Suite 200 (400 OPB) ;25,288 rsf] (Western edition) as the same may change from time to time or in a similar publication if the Wall Street Journal ceases publication or ceases publication of its Money Rates section during the Term. Tenant acknowledges that the late payment of any monthly Rent will cause Landlord to lose the use of that money and incur costs and expenses not contemplated under this Lease, including without limitation, administrative and collection costs and processing and account accounting expenses, the exact amount of which it is extremely difficult to ascertain. Therefore, in addition to interest, if any such installment is not received by Landlord within five (5) days from the date it is due, Tenant shall pay Landlord a late charge equal to ten three percent (103%) (the “Late Charge”) of such installment. Landlord and Tenant agree that this late charge the Late Charge represents a reasonable estimate of such costs and expenses and is fair compensation to Landlord for the loss suffered from such nonpayment by Tenant. In addition, any check returned by the bank for any reason will be considered late and will be subject to all late charges plus an additional returned check fee of Twenty Dollars ($20.00). After two such occasions upon which checks have been returned in any twelve-month period, Landlord will have the right to require payment by a cashier’s check or money order. Acceptance of the Late Charge or any interest or late charge accruing at the Interest Rate shall not constitute a waiver of Tenant’s default with respect to such nonpayment by Tenant nor prevent Landlord from exercising any other rights or remedies available to Landlord under this Lease Lease. Notwithstanding the foregoing, for the first time in any calendar year that Tenant has failed to pay any such monthly installment of Base Rent, Additional Rent, or at law or in equity, unless the payment of any other rental hereunder such interest and late charges is accompanied by all rentals then due Late Charge shall not apply unless Tenant has failed to make such payments within ten (10) days of receipt of Landlord’s written notice of such delinquency. Landlord shall not be required to give Tenant such notice more than once in any calendar year prior to assessing such interest and owning (notwithstanding anything to the contrary in § 20.2.1 below)Late Charge.

Interest and Late Charges. If Tenant fails to pay any Rent within five (5) days from when due, the unpaid amounts shall bear interest from the due date until paid at a rate per annum equal to the Prime Rate plus five percent (5%) or, if less, at the highest rate of interest permitted by applicable law. As used herein, “Prime Interest Rate” means the prime rate published in the Money Rates section of the Wall Street Journal Oyster Point Marina Plaza Office Lease Kashiwa Fudosan America, Inc. :: Novacea, Inc. [Suite 200 (400 OPB) ;25,288 rsf] (Western edition) as the same may change from time to time or in a similar publication if the Wall Street Journal ceases publication or ceases publication of its Money Rates section during the Term. Tenant acknowledges that the late payment of any monthly Rent will cause Landlord to lose the use of that money and incur costs and expenses not contemplated under this Lease, including including, without limitation, administrative and collection costs and processing and account accounting expenses, the exact amount of which it is extremely difficult to ascertain. Therefore, in addition to interest, if any such installment payment is not received by Landlord within five (5) days from the date it is when due, Tenant shall pay Landlord a late charge equal to ten five percent (105%) of such installmentpayment; provided, however, that Tenant shall be entitled to written notice of non-payment prior to the commencement of the foregoing five (5) day grace period and the application of such late charge and interest charge, on the first (1st) occasion in any consecutive twelve (12) month period on which Rent is not timely paid. Landlord and Tenant agree that this late charge represents a reasonable estimate of such costs and expenses and is fair compensation to Landlord for loss resulting from Tenant’s nonpayment. The late charge shall be deemed Additional Rent and the loss suffered from such nonpayment by Tenantright to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages for any default of Tenant or as limiting Landlord’s remedies in any manner. In addition, any check returned by the bank for any reason will be considered late and will be subject to all late charges charges, plus an additional returned check fee of Twenty Dollars a Fifty Dollar ($20.00)50.00) fee. After two such occasions upon which checks have been returned Nothing contained herein shall be construed as to compel Landlord to accept any payment of Rent in any twelve-month period, Landlord will have the right to require payment by a cashier’s check or money order. Acceptance of any interest arrears or late charge shall not constitute a waiver of Tenant’s default with respect charges should Landlord elect to such nonpayment by Tenant nor prevent Landlord from exercising any other apply its rights or and remedies available to Landlord under this Lease or at law or in equity, unless equity in the payment event of such interest and late charges is accompanied by all rentals then due and owning (notwithstanding anything to the contrary in § 20.2.1 below)a Default.

Interest and Late Charges. If Late payment by Tenant fails to pay any Landlord of Rent when due, the unpaid amounts shall bear interest from the due date until paid at a rate per annum equal to the Prime Rate plus five percent (5%) or, if less, at the highest rate of interest permitted by applicable law. As used herein, “Prime Rate” means the prime rate published in the Money Rates section of the Wall Street Journal Oyster Point Marina Plaza Office Lease Kashiwa Fudosan America, Inc. :: Novacea, Inc. [Suite 200 (400 OPB) ;25,288 rsf] (Western edition) as the same may change from time to time or in a similar publication if the Wall Street Journal ceases publication or ceases publication of its Money Rates section during the Term. Tenant acknowledges that the late payment of any monthly Rent ------------------------- will cause Landlord to lose the use of that money and incur costs and expenses not contemplated under by this Lease, including administrative and collection costs and processing and account expenses, the exact amount of which it is would be impracticable or extremely difficult to ascertainfix. Such costs include, without limitation, processing, collection and accounting charges, and late charges that may be imposed on Landlord by the terms of any deed of trust covering the Premises. Therefore, in addition to interest, if any such installment Rent is not 12 Pacific Tower Full Service Gross Office Copper-Mountain-Lease: 08027.208 Landlord___________Tenant___________ received by Landlord within five (5) ten days from the date it is dueof its due date, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to an additional sum of ten percent (10%) of such installmentoverdue amount as a late charge. Landlord and Tenant agree that this Such late charge represents a fair and reasonable estimate of such the costs and expenses and is fair compensation to that Landlord for the loss suffered from such nonpayment will incur by reason of any late payment by Tenant. In addition, any check returned by and therefore this Paragraph is reasonable under the bank for any reason will be considered late and will be subject to all late charges plus an additional returned check fee of Twenty Dollars ($20.00). After two such occasions upon which checks have been returned in any twelve-month period, Landlord will have circumstances existing at the right to require payment by a cashier’s check or money ordertime this Lease is made. Acceptance of any interest or such late charge by Landlord shall not constitute a waiver of Tenant’s 's default with respect to such nonpayment by Tenant overdue amount, nor prevent Landlord from exercising any of the other rights or and remedies available to Landlord under this Lease or at law or in equity, unless the payment of such interest and late charges is accompanied by all rentals then due and owning (notwithstanding anything Lease. In addition to the contrary in § 20.2.1 belowlate charge payable by Tenant, as provided above, if any such Rent is not paid within 30 days of the date such Rent was due, then Tenant shall pay to Landlord interest on such overdue Rent at the rate of three percent (3%) above the "reference rate" announced from time to time by Bank of America, NT&SA (the "Default Rate"). Such interest shall additionally accrue and be payable by Tenant relative to any other amounts payable by Tenant to Landlord under the provisions of this Lease which are not paid when due (if such reference rate ceases to be announced, then a comparable "prime rate" shall be utilized, selected by Landlord).

Interest and Late Charges. If Tenant fails to pay any Rent when due, after giving effect to any applicable grace periods, the unpaid amounts shall bear interest from the due date until paid at a rate per annum equal to the Prime Rate plus five percent (5%) or, if less, at the highest rate of interest permitted by applicable law. As used herein, “Prime Interest Rate” means the prime rate published in the Money Rates section of the Wall Street Journal Oyster Point Marina Plaza Office Lease Kashiwa Fudosan America, Inc. :: Novacea, Inc. [Suite 200 (400 OPB) ;25,288 rsf] (Western edition) as the same may change from time to time or in a similar publication if the Wall Street Journal ceases publication or ceases publication of its Money Rates section during the Term. Tenant acknowledges that the late payment of any monthly Rent will cause Landlord to lose the use of that money and incur costs and expenses not contemplated under this Lease, including including, without limitation, administrative and collection costs and processing and account accounting expenses, the exact amount of which it is extremely difficult to ascertain. Therefore, in addition to interest, if any such installment payment is not received by Landlord within five (5) days from the date it is when due, Tenant shall pay Landlord a late charge equal to ten five percent (105%) of such installmentpayment, plus any reasonable attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay Rent when due. Landlord and Tenant Xxxxxx agree that this late charge represents a reasonable estimate of such costs and expenses and is fair compensation to Landlord for loss resulting from Xxxxxx’s nonpayment. The late charge shall be deemed Additional Rent and the loss suffered from such nonpayment by Tenantright to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition, any check returned by the bank for any reason will be considered late and will be subject to all late charges charges, plus an additional returned check fee of Twenty Dollars a Fifty Dollar ($20.00)50.00) fee. After two such occasions upon which (2) returned checks have been returned in any twelve-twelve (12) month period, Landlord will have the right to require receive payment by a cashier’s check or money order. Acceptance Nothing contained herein shall be construed as to compel Landlord to accept any payment of any interest Rent in arrears or late charge shall not constitute a waiver of Tenant’s default with respect charges should Landlord elect to such nonpayment by Tenant nor prevent Landlord from exercising any other apply its rights or and remedies available to Landlord under this Lease or at law or in equity, unless equity in the payment event of such interest and late charges is accompanied by all rentals then due and owning (notwithstanding anything to the contrary in § 20.2.1 below)a Default.

Interest and Late Charges. If Tenant fails to pay any Rent when due, after giving effect to any applicable grace periods, the unpaid amounts shall bear interest from the due date until paid at a rate per annum equal to the Prime Rate plus five percent (5%) or, if less, at the highest rate of interest permitted by applicable law. As used herein, “Prime Interest Rate” means the prime rate published in the Money Rates section of the Wall Street Journal Oyster Point Marina Plaza Office Lease Kashiwa Fudosan America, Inc. :: Novacea, Inc. [Suite 200 (400 OPB) ;25,288 rsf] (Western edition) as the same may change from time to time or in a similar publication if the Wall Street Journal ceases publication or ceases publication of its Money Rates section during the Term. Tenant acknowledges that the late payment of any monthly Rent will cause Landlord to lose the use of that money and incur costs and expenses not contemplated under this Lease, including including, without limitation, administrative and collection costs and processing and account accounting expenses, the exact amount of which it is extremely difficult to ascertain. Therefore, in addition to interest, if any such installment payment is not received by Landlord within five (5) days from the date it is when due, Tenant shall pay Landlord a late charge equal to ten five percent (105%) of such installmentpayment, plus any reasonable attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay Rent when due. Landlord and Tenant agree that this late charge represents a reasonable estimate of such costs and expenses and is fair compensation to Landlord for loss resulting from Tenant’s nonpayment. The late charge shall be deemed Additional Rent and the loss suffered from such nonpayment by Tenantright to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages for any default of Tenant or as limiting Landlord’s remedies in any manner. In addition, any check returned by the bank for any reason will be considered late and will be subject to all late charges charges, plus an additional returned check fee of Twenty Dollars a Fifty Dollar ($20.00)50.00) fee. After two such occasions upon which (2) returned checks have been returned in any twelve-twelve (12) month period, Landlord will have the right to require receive payment by a cashier’s check or money order. Acceptance Nothing contained herein shall be construed as to compel Landlord to accept any payment of any interest Rent in arrears or late charge shall not constitute a waiver of Tenant’s default with respect charges should Landlord elect to such nonpayment by Tenant nor prevent Landlord from exercising any other apply its rights or and remedies available to Landlord under this Lease or at law or in equity, unless equity in the payment event of such interest and late charges is accompanied by all rentals then due and owning (notwithstanding anything to the contrary in § 20.2.1 below)a Default.

Interest and Late Charges. If Late payment by Tenant fails to pay any Rent when due, the unpaid amounts shall bear interest from the due date until paid at a rate per annum equal to the Prime Rate plus five percent (5%) or, if less, at the highest rate Landlord of interest permitted by applicable law. As used herein, “Prime Rate” means the prime rate published in the Money Rates section of the Wall Street Journal Oyster Point Marina Plaza Office Lease Kashiwa Fudosan America, Inc. :: Novacea, Inc. [Suite 200 (400 OPB) ;25,288 rsf] (Western edition) as the same may change from time to time or in a similar publication if the Wall Street Journal ceases publication or ceases publication of its Money Rates section during the Term. Tenant acknowledges that the late payment of any monthly Rent Rental will cause Landlord to lose the use of that money and incur costs and expenses not contemplated under by this Lease, including administrative and collection costs and processing and account expenses, the exact amount of which it is would be impracticable or extremely difficult to ascertainfix. Such costs include, without limitation, processing, collection and accounting charges, and late charges that may be imposed on Landlord by the terms of any deed of trust covering the premises. Therefore, in addition to interest, if any such installment Rental is not received by Landlord within five ten (510) days from the date it is dueof its due date, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to an additional sum of ten percent (10%) of such installmentoverdue amount as a late charge as additional rent. Landlord and Tenant agree that this Such late charge represents a fair and reasonable estimate of such the costs and expenses and is fair compensation to that Landlord for the loss suffered from such nonpayment will incur by reason of any late payment by Tenant. In addition, any check returned by and therefore this Paragraph is reasonable under the bank for any reason will be considered late and will be subject to all late charges plus an additional returned check fee of Twenty Dollars ($20.00). After two such occasions upon which checks have been returned in any twelve-month period, Landlord will have circumstances existing at the right to require payment by a cashier’s check or money ordertime this Lease is made. Acceptance of any interest or such late charge by Landlord shall not constitute a waiver of Tenant’s default with respect to such nonpayment by Tenant overdue amount, nor prevent Landlord from exercising any of the other rights or and remedies available to Landlord under this Lease or at law or in equity, unless the payment of such interest and late charges is accompanied by all rentals then due and owning (notwithstanding anything Lease. In addition to the contrary in § 20.2.1 belowlate charge payable by Tenant, as provided above, if any such Rental is not paid within thirty (30) days of the date such Rental was due, then Tenant shall pay to Landlord interest on such overdue Rental at the rate of three percent (3%) above the “reference rate” announced from time to time by Bank of America, NT&SA (the “Default Rate”). Such interest shall additionally accrue and be payable by Tenant relative to any other amounts payable by Tenant to Landlord under the provisions of this Lease which are not paid when due (if such reference rate ceases to be announced, then a comparable “prime rate” shall be utilized, 525-937-A, B and C Landmark National Ban—Revised 8-16-01 Standard Shopping Lease FINAL 8-16-01 Landlord /s/ [ILLEGIBLE] Tenant /s/ [ILLEGIBLE] selected by Landlord).

Interest and Late Charges. If Tenant fails to pay when due any Rent when due, or Additional Rent or other amounts or charges which Tenant is obligated to pay under the unpaid amounts shall bear interest from the due date until paid at a rate per annum equal to the Prime Rate plus five percent (5%) or, if less, at the highest rate terms of interest permitted by applicable law. As used herein, “Prime Rate” means the prime rate published in the Money Rates section of the Wall Street Journal Oyster Point Marina Plaza Office Lease Kashiwa Fudosan America, Inc. :: Novacea, Inc. [Suite 200 (400 OPB) ;25,288 rsf] (Western edition) as the same may change from time to time or in a similar publication if the Wall Street Journal ceases publication or ceases publication of its Money Rates section during the Term. Tenant acknowledges that the late payment of any monthly Rent will cause Landlord to lose the use of that money and incur costs and expenses not contemplated under this Lease, including administrative and collection costs and processing and account expenses, the exact amount then Tenant shall pay Landlord a late charge equal to six percent (6%) of which it is difficult to ascertain. Therefore, in addition to interest, such installment if any such installment is not received by Landlord within five (5) days from the date it is due. Tenant acknowledges that the late payment of any Rent or Additional Rent will cause Landlord to lose the use of that money and incur costs and expenses not contemplated under this Lease including, Tenant shall pay Landlord a late charge equal without limitation, administrative and collection costs and processing and accounting expenses, the exact amount of which is extremely difficult to ten percent (10%) of such installmentascertain. Landlord and Tenant agree that this late charge represents a reasonable estimate of such costs and expenses and is fair compensation to Landlord for the loss suffered from such nonpayment by Tenant. In addition, any check returned by the bank for any reason will be considered late and will be subject to all late charges plus an additional returned check fee of Twenty Dollars ($20.00). After two such occasions upon which checks have been returned in any twelve-month period, Landlord will have the right to require payment by a cashier’s check or money order. Acceptance of any interest or late charge shall not constitute a waiver of Tenant’s 's default with respect to such nonpayment by Tenant nor prevent Landlord from exercising any other rights or remedies available to Landlord under this Lease Lease. If tenant vacates the premises in default of the lease, Tenant shall be obligated to pay interest at the maximum applicable rate then allowed by law on any unpaid monies from the date the monies became due until payment is received by Landlord. Late charges and interest shall be deemed Additional Recent and are included collectively in the term Rent. In no event shall this provision for the imposition of a late charge be deemed to grant to Tenant a grace period or at law an extension of time within which to pay any Rent or in equity, unless the payment of Additional Rent due hereunder or prevent Landlord from exercising any right or remedy available to Landlord upon Tenant's failure to pay such interest and late charges is accompanied by all rentals then due and owning (notwithstanding anything to the contrary in § 20.2.1 below)Rent or Additional Rent when due.

Interest and Late Charges. If Late payment by Tenant fails to pay Landlord of Rent or other charges will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which would be impracticable or extremely difficult to fix. Such costs include, without limitation, processing, collection and accounting charges, and late charges that may be imposed on Landlord by the terms of any deed of trust covering the Premises. Therefore, if any Rent when dueor other charge (in the form of good funds) is not received by Landlord within 10 days of its due date, the unpaid amounts then, without any requirement for notice to Tenant, Tenant shall bear interest from the due date until paid at a rate per annum equal owe and pay to the Prime Rate plus Landlord an additional sum of five percent (5%) or, if less, at the highest rate of interest permitted by applicable law. As used herein, “Prime Rate” means the prime rate published in the Money Rates section of the Wall Street Journal Oyster Point Marina Plaza Office Lease Kashiwa Fudosan America, Inc. :: Novacea, Inc. [Suite 200 (400 OPB) ;25,288 rsf] (Western edition) such overdue amount as the same may change from time to time or in a similar publication if the Wall Street Journal ceases publication or ceases publication of its Money Rates section during the Term. Tenant acknowledges that the late payment of any monthly Rent will cause Landlord to lose the use of that money and incur costs and expenses not contemplated under this Lease, including administrative and collection costs and processing and account expenses, the exact amount of which it is difficult to ascertain. Therefore, in addition to interest, if any such installment is not received by Landlord within five (5) days from the date it is due, Tenant shall pay Landlord a late charge equal to ten percent (10%) of such installmentcharge. Landlord and Tenant agree that this Such late charge represents a fair and reasonable estimate of such the costs and expenses and is fair compensation to Landlord for the loss suffered from such nonpayment by Tenant. In addition, any check returned by the bank for any reason will be considered late and will be subject to all late charges plus an additional returned check fee of Twenty Dollars ($20.00). After two such occasions upon which checks have been returned in any twelve-month period, that Landlord will have the right to require incur by reason of any late payment by a cashier’s check or money orderXxxxxx, and therefore this Paragraph is reasonable under the circumstances existing at the time this Lease is made. Acceptance of any interest or such late charge by Landlord shall not constitute a waiver or cure of Tenant’s 's default with respect to such nonpayment by Tenant overdue amount, nor prevent Landlord from American Assets Trust – Lease Form 1/31/2023 exercising any of the other rights or and remedies available to Landlord under this Lease any or all of which may be exercised before, concurrently, or after Xxxxxxxx’s exercise of its rights hereunder. In addition to the late charge payable by Tenant, as provided above, if any such Rent or other charge is not paid within 30 days of the date such Rent or other charge was due, then Tenant shall pay to Landlord interest on such overdue Rent or other charge (from such 30th day until all amounts, including interest, are paid in full) at law the rate of 7% per annum above the “reference rate” announced from time to time by Bank of America, NT&SA or the maximum amount permitted by Laws, whichever is less (the “Default Rate”). If such reference rate ceases to be announced, then a comparable “prime rate” shall be utilized, as selected by Landlord. Notwithstanding the foregoing, in equityany consecutive twelve (12) month period, Tenant shall not be obligated to pay a late charge on the first payment which Landlord does not receive when due, unless the Tenant does not pay such amount within five (5) days after written notice from Landlord that such payment of such interest and late charges is accompanied by all rentals then due and owning (notwithstanding anything to the contrary in § 20.2.1 below)past due.

Interest and Late Charges. If Tenant fails to pay any Rent when due, after giving effect to any applicable grace periods, the unpaid amounts shall bear interest from the due date until paid at a rate per annum equal to the Prime Rate plus five percent (5%) or, if less, at the highest rate of interest permitted by applicable law. As used herein, “Prime Interest Rate” means the prime rate published in the Money Rates section of the Wall Street Journal Oyster Point Marina Plaza Office Lease Kashiwa Fudosan America, Inc. :: Novacea, Inc. [Suite 200 (400 OPB) ;25,288 rsf] (Western edition) as the same may change from time to time or in a similar publication if the Wall Street Journal ceases publication or ceases publication of its Money Rates section during the Term. Tenant acknowledges that the late payment of any monthly Rent will cause Landlord to lose the use of that money and incur costs and expenses not contemplated under this Lease, including including, without limitation, administrative and collection costs and processing and account accounting expenses, the exact amount of which it is extremely difficult to ascertain. Therefore, in addition to interest, if any such installment payment is not received by Landlord within five (5) business days from the date it is when due, Tenant shall pay Landlord a late charge equal to ten five percent (105%) of such installmentpayment, plus any reasonable attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay Rent when due. Landlord and Tenant agree that this late charge represents a reasonable estimate of such costs and expenses and is fair compensation to Landlord for loss resulting from Tenant’s nonpayment. The late charge shall be deemed Additional Rent and the loss suffered from such nonpayment by Tenantright to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages for any default of Tenant or as limiting Landlord’s remedies in any manner. In addition, any check returned by the bank for any reason will be considered late and will be subject to all late charges charges, plus an additional returned check fee of Twenty Dollars a Fifty Dollar ($20.00)50.00) fee. After two such occasions upon which (2) returned checks have been returned in any twelve-twelve (12) month period, Landlord will have the right to require receive payment by a wire transfer, cashier’s check check, or money order. Acceptance Nothing contained herein shall be construed as to compel Landlord to accept any payment of any interest Rent in arrears or late charge shall not constitute a waiver of Tenant’s default with respect charges should Landlord elect to such nonpayment by Tenant nor prevent Landlord from exercising any other apply its rights or and remedies available to Landlord under this Lease or at law or in equity, unless equity in the payment event of such interest and late charges is accompanied by all rentals then due and owning (notwithstanding anything to the contrary in § 20.2.1 below)a Default.

Interest and Late Charges. If Tenant fails to pay when due any Rent when dueor other amounts or charges which Tenant is obligated to pay under the terms of this Lease, the unpaid amounts shall bear interest at eighteen percent (18%) per annum, or the maximum rate then allowed by law (“Interest Rate”) from the date such amount is due until the date until paid at a rate per annum equal to the Prime Rate plus five percent (5%) or, if less, at the highest rate of interest permitted by applicable law. As used herein, “Prime Rate” means the prime rate published in the Money Rates section of the Wall Street Journal Oyster Point Marina Plaza Office Lease Kashiwa Fudosan America, Inc. :: Novacea, Inc. [Suite 200 (400 OPB) ;25,288 rsf] (Western edition) as the same may change from time to time or in a similar publication if the Wall Street Journal ceases publication or ceases publication of its Money Rates section during the Termpaid. Tenant acknowledges that the late payment of any monthly Rent due hereunder will cause Landlord to lose the use of that money and incur costs and expenses not contemplated under this Lease, including without limitation, administrative and collection costs and costs, processing and account accounting expenses, and late charges that may be imposed on Landlord by the terms of any encumbrance (and companion promissory note) covering the Project, the exact amount of which it is are extremely difficult to ascertain. Therefore, in addition to interestInterest, if any such monthly installment of Rent is not received by Landlord within five (5) days from the date it is due, or if Tenant fails to pay any other sum of money due hereunder, Tenant shall pay Landlord a late charge equal to ten percent (10%) of such installmentthe delinquent amount. Landlord and Tenant agree that this late charge represents a reasonable estimate of such costs and expenses of and is fair compensation to Landlord for the loss suffered from such nonpayment by Tenant. In addition, any check returned by the bank for any reason will be considered late and will be subject to all late charges plus an additional returned check fee of Twenty Dollars ($20.00). After two such occasions upon which checks have been returned in any twelve-month period, Landlord will have the right to require payment by a cashier’s check or money order. Acceptance of any interest or late charge shall not constitute a waiver of Tenant’s default with respect to such nonpayment by Tenant nor prevent Landlord from exercising any other rights or remedies available to Landlord under this Lease. Landlord reserves the right, upon notice to Tenant, to require Tenant to pay all installments of monthly Base Rent quarterly in advance in the form of a cashier’s check throughout the remainder of the Lease Term in the event of multiple late payments. Any payments of any kind returned for insufficient funds will be subject to an additional handling charge of Fifty Dollars ($50.00), and thereafter, Landlord may require Tenant to pay all future payments of rent or at law other sums due by money order or in equity, unless the payment of such interest and late charges is accompanied by all rentals then due and owning (notwithstanding anything to the contrary in § 20.2.1 below)cashier’s check.

Interest and Late Charges. If Late payment by Tenant fails to pay any Landlord of Rent when due, the unpaid amounts shall bear interest from the due date until paid at a rate per annum equal to the Prime Rate plus five percent (5%) or, if less, at the highest rate of interest permitted by applicable law. As used herein, “Prime Rate” means the prime rate published in the Money Rates section of the Wall Street Journal Oyster Point Marina Plaza Office Lease Kashiwa Fudosan America, Inc. :: Novacea, Inc. [Suite 200 (400 OPB) ;25,288 rsf] (Western edition) as the same may change from time to time or in a similar publication if the Wall Street Journal ceases publication or ceases publication of its Money Rates section during the Term. Tenant acknowledges that the late payment of any monthly Rent other charge will cause Landlord to lose the use of that money and incur costs and expenses not contemplated under by this Lease, including administrative and collection costs and processing and account expenses, the exact amount of which it is would be impracticable or extremely difficult to ascertainfix. Such costs include, without limitation, processing, collection and accounting charges, and late charges that may be imposed on Landlord by the terms of any deed of trust covering the Premises. Therefore, in addition to interest, if any such installment Rent or other charge (in the form of good funds) is not received by Landlord within five (5) ten days from the date it is dueof its due date, then, without any requirement for notice to Tenant, Tenant shall owe and pay to Landlord an additional sum of five percent of such overdue amount as a late charge equal to ten percent (10%) of such installmentcharge. Landlord and Tenant agree that this Such late charge represents a fair and reasonable estimate of such the costs and expenses and is fair compensation to that Landlord for the loss suffered from such nonpayment will incur by reason of any late payment by Tenant. In addition, any check returned by and therefore this Paragraph is reasonable under the bank for any reason will be considered late and will be subject to all late charges plus an additional returned check fee of Twenty Dollars ($20.00). After two such occasions upon which checks have been returned in any twelve-month period, Landlord will have circumstances existing at the right to require payment by a cashier’s check or money ordertime this Lease is made. Acceptance of any interest or such late charge by Landlord shall not constitute a waiver or cure of Tenant’s default with respect to such nonpayment by Tenant overdue amount, nor prevent Landlord from exercising any of the other rights or and remedies available to Landlord under this Lease any or at law all of which may be exercised before, concurrently, or in equity, unless the payment after Landlord’s exercise of such interest and late charges is accompanied by all rentals then due and owning (notwithstanding anything its rights hereunder. In addition to the contrary late charge payable by Tenant, as provided above, if any such Rent or other charge is not paid within 30 days of the date such Rent or other charge was due, then Tenant shall pay to Landlord interest on such overdue Rent or other charge (from such 30th day until all amounts, including interest, are paid in § 20.2.1 belowfull) at the rate of seven percent (7%) per annum above the “prime rate” announced from time to time by Bank of America, NT&SA or the maximum amount permitted by law, whichever is less (the “Default Rate”). If such prime rate ceases to be announced, then a comparable “prime rate” shall be utilized, as selected by Landlord.

Interest and Late Charges. If Late payment by Tenant fails to pay any Rent when due, the unpaid amounts shall bear interest from the due date until paid at a rate per annum equal to the Prime Rate plus five percent (5%) or, if less, at the highest rate Landlord of interest permitted by applicable law. As used herein, “Prime Rate” means the prime rate published in the Money Rates section of the Wall Street Journal Oyster Point Marina Plaza Office Lease Kashiwa Fudosan America, Inc. :: Novacea, Inc. [Suite 200 (400 OPB) ;25,288 rsf] (Western edition) as the same may change from time to time or in a similar publication if the Wall Street Journal ceases publication or ceases publication of its Money Rates section during the Term. Tenant acknowledges that the late payment of any monthly Rent will cause Landlord to lose the use of that money and incur costs and expenses not contemplated under by this Lease, including administrative and collection costs and processing and account expenses, the exact amount of which it is would be impracticable or extremely difficult to ascertainfix. Such costs include, without limitation, processing, collection and accounting charges, and late charges that may be imposed on Landlord by the terms of any deed of trust, mortgage, or other security agreement covering the Building or any portion thereof owned by Landlord. Therefore, in addition to interest, if any such installment Rent is not received by Landlord within five (5) days from the date it is dueof its due date, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to ten an additional sum of two percent (102%) of such installmentoverdue amount as a late charge. Landlord and Tenant agree that this Such late charge represents a fair and reasonable estimate of such the costs and expenses and is fair compensation to Landlord for the loss suffered from such nonpayment by Tenant. In addition, any check returned by the bank for any reason will be considered late and will be subject to all late charges plus an additional returned check fee of Twenty Dollars ($20.00). After two such occasions upon which checks have been returned in any twelve-month period, that Landlord will have the right to require incur by reason of any late payment by a cashier’s check or money orderTxxxxx, and therefore this Section is reasonable under the circumstances existing at the time this Lease is made. Acceptance of any interest or such late charge by Landlord shall not constitute a waiver of Tenant’s default Event of Default with respect to such nonpayment by Tenant overdue amount, nor prevent Landlord from exercising any of the other rights or and remedies available to Landlord under this Lease. In addition to the late charge payable by Tenant, as provided above, if any such Rent is not paid within five (5) days of the date such Rent was due, then Tenant shall pay to Landlord interest on such overdue Rent at the Default Rate. Such interest shall additionally accrue and be payable by Tenant relative to any other amounts payable by Tenant to Landlord under the provisions of this Lease or at law or in equity, unless the payment of such interest and late charges is accompanied by all rentals then due and owning (notwithstanding which are not paid when due. Notwithstanding anything to the contrary contrary, no late charge shall apply in § 20.2.1 below)connection with Txxxxx’s first two (2) late payments of any sums due hereunder other than Base Rent during any calendar year during the Term so long as Tenant pays such amounts to Landlord within five (5) days after Lxxxxxxx’s written demand therefor.

Interest and Late Charges. If Tenant fails to pay any Rent within five (5) days of when due, after giving effect to any applicable grace periods, the unpaid amounts shall bear interest from the due date until paid at a rate per annum equal to the Prime Rate plus five percent (5%) or, if less, at the highest rate of interest permitted by applicable law. As used herein, “Prime Interest Rate” means the prime rate published in the Money Rates section of the Wall Street Journal Oyster Point Marina Plaza Office Lease Kashiwa Fudosan America, Inc. :: Novacea, Inc. [Suite 200 (400 OPB) ;25,288 rsf] (Western edition) as the same may change from time to time or in a similar publication if the Wall Street Journal ceases publication or ceases publication of its Money Rates section during the Term. Tenant acknowledges that the late payment of any monthly Rent will cause Landlord to lose the use of that money and incur costs and expenses not contemplated under this Lease, including including, without limitation, administrative and collection costs and processing and account accounting expenses, the exact amount of which it is extremely difficult to ascertain. Therefore, in addition to interest, if any such installment payment is not received by Landlord within five (5) days from the date it is when due, Tenant shall pay Landlord a late charge equal to ten percent (10%) [***] of such installmentpayment. Landlord and Tenant agree that this late charge represents a reasonable estimate of such costs and expenses and is fair compensation to Landlord for loss resulting from Tenant’s nonpayment. The late charge shall be deemed Additional Rent and the loss suffered from such nonpayment by Tenantright to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages for any default of Tenant or as limiting Landlord’s remedies in any manner. In addition, any check cheek returned by the bank for any reason will be considered late and will be subject to all late charges charges, plus an additional returned check fee of Twenty Dollars ($20.00)a [***] fee. After two such occasions upon which (2) returned checks have been returned in any twelve-twelve (12) month period, Landlord will have the right to require receive payment by a cashier’s check or money order. Acceptance Nothing contained herein shall be construed as to compel Landlord to accept any payment of any interest Rent in arrears or late charge shall not constitute a waiver of Tenant’s default with respect charges should Landlord elect to such nonpayment by Tenant nor prevent Landlord from exercising any other apply its rights or and remedies available to Landlord under this Lease or at law or in equity, unless equity in the payment event of such interest and late charges is accompanied by all rentals then due and owning (notwithstanding anything to the contrary in § 20.2.1 below)a Default.

Interest and Late Charges. If Tenant fails to pay when due any Rent when dueor other amounts or charges which Tenant is obligated to pay under the terms of this Lease, the those unpaid amounts shall bear interest from at the due date until paid at a maximum rate per annum equal to the Prime Rate plus five percent then allowed by law. IN ADDITION TO THAT INTEREST, TENANT ACKNOWLEDGES THAT THE LATE PAYMENT OF ANTY MONTHLY INSTALLMENT OF BASE RENT OR ADJUSTED BASE RENT WILL CAUSE LANDLORD TO LOSE THE USE OF THAT MONEY AND TO INCUR COSTS AND EXPENSES NOT CONTEMPLATED UNDER THIS LEASE, INCLUDING BUT NOT LIMITED TO ADMINISTRATIVE AND COLLECTION COSTS AND PROCESSING AND ACCOUNTING EXPENSES, THE EXACT AMOUNT OF WHICH IS EXTREMELY DIFFICULT TO ASCERTAIN. THEREFORE, IF ANY INSTALLMENT PAYMENT IS NOT RECEIVED BY LANDLORD WITHIN FIVE (5) DAYS FROM THE DATE THE INSTALLMENT IS DUE, TENANT SHALL PAY LANDLORD A LATE CHARGE EQUAL TO TEN PERCENT (10%) orOF THAT INSTALLMENT. LANDLORD AND TENANT AGREE THAT THIS LATE CHARGE REPRESENTS A REASONABLE ESTIMATE OF LANDLORD'S COSTS AND EXPENSES AND IS FAIR COMPENSATION TO LANDLORD FOR THE LOSS SUFFERED BY REASON OF THAT NONPAYMENT BY TENANT. In addition, if less, at the highest rate following any two (2) consecutive late payments of interest permitted by applicable law. As used herein, “Prime Rate” means the prime rate published in the Money Rates section Rent and/or of the Wall Street Journal Oyster Point Marina Plaza Office Lease Kashiwa Fudosan America, Inc. :: Novacea, Inc. [Suite 200 (400 OPB) ;25,288 rsf] (Western edition) as the same may change from time to time or in a similar publication if the Wall Street Journal ceases publication or ceases publication of its Money Rates section during the Term. Tenant acknowledges that the late payment of any monthly Rent will cause Landlord to lose the use of that money and incur costs and expenses not contemplated additional payments due under this Lease, including administrative and collection costs and processing and account expensesLandlord shall have the option (i) to require that Base Rent be paid three (3) months in advance, rather than monthly; or (ii) to require that Tenant increase the exact amount of the Security Deposit required under Section 30 by one hundred percent (100%) (or if there is no such Security Deposit, to pay Landlord a Security Deposit equal to three (3) months Base Rent), which additional Security Deposit shall be promptly paid to and retained by Landlord, and may be applied by Landlord in the manner provided in hereafter. All payments hereunder shall be made in lawful money of the United States. Furthermore, if any payment due from Tenant under this Lease is made by a check which is returned unpaid from the bank on which it is difficult to ascertain. Therefore, in addition to interest, if any such installment is not received by Landlord within five (5) days from the date it is due, Tenant shall pay Landlord a late charge equal to ten percent (10%) of such installment. Landlord and Tenant agree that this late charge represents a reasonable estimate of such costs and expenses and is fair compensation to Landlord for the loss suffered from such nonpayment by Tenant. In addition, any check returned by the bank for any reason will be considered late and will be subject to all late charges plus an additional returned check fee of Twenty Dollars ($20.00). After two such occasions upon which checks have been returned in any twelve-month perioddrawn, Landlord will shall have the right at any time thereafter to require payment insist that all future payments due from Tenant under this Lease be made by money order or by certified or cashier's check. All payments requiring proration shall be prorated on the basis of a cashier’s check or money orderthirty (30) day month. Acceptance of any interest or late charge shall not constitute a waiver of Tenant’s 's default with respect to such nonpayment by Tenant nor prevent Landlord from exercising any other rights or remedies available to Landlord under this Lease or at law or in equity, unless the payment of such interest and late charges is accompanied by all rentals then due and owning (notwithstanding anything to the contrary in § 20.2.1 below)Lease.

Interest and Late Charges. If Late payment by Tenant fails to pay Landlord of Rental will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which would be impracticable or extremely difficult to fix. Such costs include, without limitation, processing, collection and accounting charges, and late charges that may be imposed on Landlord by the terms of any Rent deed of trust covering the Premises. Therefore, if any Rental is not received by Landlord within ten days following notice to Tenant that such amount was not received by Landlord when due, the unpaid amounts then, without any requirement for notice to Tenant, Tenant shall bear interest from the due date until paid at a rate per annum equal pay to the Prime Rate plus Landlord an additional sum of five percent (5%) or, if less, at the highest rate of interest permitted by applicable law. As used herein, “Prime Rate” means the prime rate published in the Money Rates section of the Wall Street Journal Oyster Point Marina Plaza Office Lease Kashiwa Fudosan America, Inc. :: Novacea, Inc. [Suite 200 (400 OPB) ;25,288 rsf] (Western edition) such overdue amount as the same may change from time to time or in a similar publication if the Wall Street Journal ceases publication or ceases publication of its Money Rates section during the Term. Tenant acknowledges that the late payment of any monthly Rent will cause Landlord to lose the use of that money and incur costs and expenses not contemplated under this Lease, including administrative and collection costs and processing and account expenses, the exact amount of which it is difficult to ascertain. Therefore, in addition to interest, if any such installment is not received by Landlord within five (5) days from the date it is due, Tenant shall pay Landlord a late charge equal charge, not to ten percent (10%) of such installmentexceed $2,500 per late payment. Landlord and Tenant agree that this Such late charge represents a fair and reasonable estimate of such the costs and expenses and is fair compensation to that Landlord for the loss suffered from such nonpayment will incur by reason of any late payment by Tenant. In addition, any check returned by and therefore this Paragraph is reasonable under the bank for any reason will be considered late and will be subject to all late charges plus an additional returned check fee of Twenty Dollars ($20.00). After two such occasions upon which checks have been returned in any twelve-month period, Landlord will have circumstances existing at the right to require payment by a cashier’s check or money ordertime this Lease is made. Acceptance of any interest or such late charge by Landlord shall not constitute a waiver of Tenant’s 's default with respect to such nonpayment by Tenant overdue amount, nor prevent Landlord from exercising any of the other rights or and remedies available to Landlord under this Lease or at law or in equity, unless the payment of such interest and late charges is accompanied by all rentals then due and owning (notwithstanding anything Lease. In addition to the contrary late charge payable by Tenant, as provided above, if any such Rental is not paid on or before the date such Rental was due, then, within 30 days following written notice from Landlord specifying such amount of interest payable, Tenant shall pay to Landlord interest on such overdue Rental at the rate of three percent (3%) above the "reference rate" announced from time to time by Bank of America, NT&SA, but not in § 20.2.1 belowexcess of ten percent (10%) per annum (the "Default Rate"). Such interest shall additionally accrue and be payable by Tenant relative to any other amounts payable by Tenant to Landlord under the provisions of this Lease which are not paid when due (if such reference rate ceases to be announced, then a comparable "prime rate" shall be utilized, selected by Landlord).

Interest and Late Charges. If Late payment by Tenant fails to pay any Landlord of Rent when due, the unpaid amounts shall bear interest from the due date until paid at a rate per annum equal to the Prime Rate plus five percent (5%) or, if less, at the highest rate of interest permitted by applicable law. As used herein, “Prime Rate” means the prime rate published in the Money Rates section of the Wall Street Journal Oyster Point Marina Plaza Office Lease Kashiwa Fudosan America, Inc. :: Novacea, Inc. [Suite 200 (400 OPB) ;25,288 rsf] (Western edition) as the same may change from time to time or in a similar publication if the Wall Street Journal ceases publication or ceases publication of its Money Rates section during the Term. Tenant acknowledges that the late payment of any monthly Rent other charges will cause Landlord to lose the use of that money and incur costs and expenses not contemplated under by this Lease, including administrative and collection costs and processing and account expenses, the exact amount of which it is would be impracticable or extremely difficult to ascertainfix. Such costs include, without limitation, processing, collection and accounting charges, and late charges that may be imposed on Landlord by the terms of any deed of trust covering the Premises. Therefore, in addition to interest, if any such installment Rent or other charge (in the form of good funds) is not received by Landlord within five (5) ten days from the date it is dueof its due date, then, without any requirement for notice to Tenant, Tenant shall owe and pay to Landlord an additional sum of ten percent of such overdue amount as a late charge equal to ten percent (10%) of such installmentcharge. Landlord and Tenant agree that this Such late charge represents a fair and reasonable estimate of such the costs and expenses and is fair compensation to that Landlord for the loss suffered from such nonpayment will incur by reason of any late payment by Tenant. In addition, any check returned by and therefore this Paragraph is reasonable under the bank for any reason will be considered late and will be subject to all late charges plus an additional returned check fee of Twenty Dollars ($20.00). After two such occasions upon which checks have been returned in any twelve-month period, Landlord will have circumstances existing at the right to require payment by a cashier’s check or money ordertime this Lease is made. Acceptance of any interest or such late charge by Landlord shall not constitute a waiver or cure of Tenant’s 's default with respect to such nonpayment by Tenant overdue amount, nor prevent Landlord from exercising any of the other rights or and remedies available to Landlord under this Lease any or at law all of which may be exercised before, concurrently, or in equity, unless the payment after Landlord’s exercise of such interest and late charges is accompanied by all rentals then due and owning (notwithstanding anything its rights hereunder. In addition to the contrary late charge payable by Tenant, as provided above, if any such Rent or other charge is not paid within 30 days of the date such Rent or other charge was due, then Tenant shall pay to Landlord interest on such overdue Rent or other charge (from such 30th day until all amounts, including interest, are paid in § 20.2.1 belowfull) at the rate of seven percent (7%) per annum above the “reference rate” announced from time to time by Bank of America, NT&SA or the maximum amount permitted by law, whichever is less (the “Default Rate”). If such reference rate ceases to be announced, then a comparable “prime rate” shall be utilized, as selected by Landlord.

Interest and Late Charges. If Tenant fails covenants and agrees that all sums to pay any Rent be paid under this Lease, if not paid when due, the unpaid amounts shall bear interest on the unpaid portion thereof at the rate of eighteen percent (18%) per annum from the date when due but not in excess of the highest legal rates. Tenant further agrees that for each calendar month, that the Rent is not paid to Landlord within ten (10) days of the due date until paid at as provided herein above, Tenant shall promptly pay to Landlord a rate per annum sum equal to the Prime Rate plus five percent greater of $50.00 or ten (510%) or, if less, at the highest rate of interest permitted by applicable law. As used herein, “Prime Rate” means the prime rate published in the Money Rates section percent of the Wall Street Journal Oyster Point Marina Plaza Office Lease Kashiwa Fudosan Americamonthly Rent as special damages. Tenant acknowledges that late payment by the Tenant to Landlord of Rent will cause Landlord to incur costs not contemplated by this Lease, Inc. :: Novaceathe exact amount of such costs being extremely difficult and impractical to determine. Such costs include, Inc. [Suite 200 (400 OPB) ;25,288 rsf] (Western edition) as without limitation, lost use of funds by Landlord, charges that may be imposed on Landlord by reason of late charges due on any obligation secured by the same may change from time Shopping Center, costs incurred in connection with accounting for and attempting to time or in a similar publication if the Wall Street Journal ceases publication or ceases publication of its Money Rates section during the Termcollect late payments, outside collection agency costs and expenses and other administrative and accounting costs related to late payments. Tenant acknowledges that the terms of these special damages have been discussed and agreed upon by Landlord and Tenant and that such amount is a fair and reasonable estimate of costs which Landlord will incur by reason of late payment payments. Landlord does not waive any rights under the law for nonpayment of Rent. If Landlord shall pay any monies or incur any expenses in correction of any monthly Rent will cause Landlord to lose the use violation of that money and incur costs and expenses not contemplated under this Lease, including administrative and collection costs and processing and account expensesany covenant of Tenant herein set forth, the exact amount amounts so paid or incurred shall, at Landlord's option and on notice to Tenant, be considered Additional Rent payable by Tenant with the first installment of which it is difficult Minimum Rent thereafter to ascertainbecome due and payable, and may be collected or enforced as by law provided with respect to Rent. Therefore, in addition to interest, if any such installment is not received by Landlord within five (5) days from the date it is due, Tenant shall pay Landlord a late charge equal to ten percent (10%) of such installment. Landlord and Tenant agree that this late charge represents a reasonable estimate of such costs and expenses and is fair compensation to Landlord for the loss suffered from such nonpayment by Tenant. In addition, any check returned by the bank for any reason will be considered late Fifty and will be subject to all late charges plus an additional returned check fee of Twenty No/100 Dollars ($20.00). After two such occasions upon which checks have been returned in any twelve-month period, Landlord will have the right to require payment by a cashier’s check or money order. Acceptance of any interest or late charge shall not constitute a waiver 50.00) for each of Tenant’s default with respect to such nonpayment by Tenant nor prevent Landlord from exercising any other rights or remedies available 's checks returned to Landlord under this Lease or at law or in equity, unless the payment of such interest and late charges is accompanied unpaid by all rentals then due and owning (notwithstanding anything to the contrary in § 20.2.1 below)Tenant's bank.

Interest and Late Charges. If Tenant fails to pay any Rent when due, the unpaid amounts shall bear interest from the due date until paid at a rate per annum equal to the Prime Rate plus five percent (5%) or, if less, at the highest rate of interest permitted by applicable law. As used herein, “"Prime Rate” " means the prime rate published in the Money Rates section of the Wall Street Journal (Western Oyster Point Marina Plaza Office Lease Kashiwa Fudosan AmericaAanerica, :: MyoKardia, Inc. :: Novacea, Inc. page 3 of 51 myokardia Ise 5-111318.doc [Suite 200 Suites 306 & 321 (400 395 OPB) ;25,288 rsf] (Western ); 22,090 edition) as the same may change from time to time or in a similar publication if the Wall Street Journal ceases publication or ceases publication of its Money Rates section during the Term. Tenant acknowledges that the late payment of any monthly Rent will cause Landlord to lose the use of that money and incur costs and expenses not contemplated under this Lease, including administrative and collection costs and processing and account expenses, the exact amount of which it is difficult to ascertain. Therefore, in addition to interest, if any such installment is not received by Landlord within five (5) days from the date it is due, Tenant shall pay Landlord a late charge equal to ten percent (10%) of such installment. Landlord and Tenant agree that this late charge represents a reasonable estimate of such costs and expenses and is fair compensation to Landlord for the loss suffered from such nonpayment by Tenant. In addition, any check returned by the bank for any reason will be considered late and will be subject to all late charges plus an additional returned check fee of Twenty Dollars ($20.00). After two such occasions upon which checks have been returned in any twelve-month period, Landlord will have the right to require payment by a cashier’s 's check or money order. Acceptance of any interest or late charge shall not constitute a waiver of Tenant’s 's default with respect to such nonpayment by Tenant nor prevent Landlord from exercising any other rights or remedies available to Landlord under this Lease or at law or in equity, unless the payment of such interest and late charges is accompanied by all rentals then due and owning (notwithstanding anything to the contrary in § S 20.2.1 below).

Interest and Late Charges. If Late payment by Tenant fails to pay any Rent when due, the unpaid amounts shall bear interest from the due date until paid at a rate per annum equal to the Prime Rate plus five percent (5%) or, if less, at the highest rate Landlord of interest permitted by applicable law. As used herein, “Prime Rate” means the prime rate published in the Money Rates section of the Wall Street Journal Oyster Point Marina Plaza Office Lease Kashiwa Fudosan America, Inc. :: Novacea, Inc. [Suite 200 (400 OPB) ;25,288 rsf] (Western edition) as the same may change from time to time or in a similar publication if the Wall Street Journal ceases publication or ceases publication of its Money Rates section during the Term. Tenant acknowledges that the late payment of any monthly Rent rent will cause Landlord to lose the use of that money and incur costs and expenses not contemplated under by this Lease, including administrative and collection costs and processing and account expenses, the exact amount of which it is would be impracticable or extremely difficult to ascertainfix. Costs include processing, collection and accounting charges, and late charges that may be imposed on Landlord by the terms of any deeds of trust covering the Premises. Therefore, in addition to interest, if any such installment rent or other payment is not received by Landlord within five (5) days from the date it is dueafter its due date, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord an additional sum of five percent of such overdue amount as a late charge equal to ten percent (10%) of such installmentcharge. Landlord and Tenant agree that this Such late charge represents a fair and reasonable estimate of such the costs and expenses and is fair compensation to that Landlord for the loss suffered from such nonpayment will incur by reason of any late payment by Tenant. In addition, any check returned by and therefore this paragraph is reasonable under the bank for any reason will be considered late and will be subject to all late charges plus an additional returned check fee of Twenty Dollars ($20.00). After two such occasions upon which checks have been returned in any twelve-month period, Landlord will have circumstances existing at the right to require payment by a cashier’s check or money ordertime this Lease is made. Acceptance of any interest or such late charge shall by Landlord does not constitute a waiver of Tenant’s default with respect to such nonpayment by Tenant overdue amount, nor prevent Landlord from exercising any of the other rights or and remedies available to Landlord under this Lease. In addition to the late charge payable by Tenant, if any rent is not paid within 30 days of the date such rent is due, then Tenant shall pay to Landlord interest on the overdue rent at the rate equal to the “reference rate” announced from time to time by Bank of America, NT&SA (if such reference rate ceases to be announced, then a reasonably comparable “prime rate” shall be utilized, selected by Landlord), plus five percent per annum, or the maximum rate permitted by law, whichever is less (the “Default Rate”). Such interest shall additionally accrue and be payable by Tenant relative to any other amounts payable by Tenant to Landlord under the provisions of this Lease or at law or in equity, unless the payment of such interest and which are not paid when due. All late charges is accompanied by all rentals then due and owning (notwithstanding anything to the contrary in § 20.2.1 below)interest under this paragraph constitute additional rent under this Lease.

Interest and Late Charges. If Tenant fails to pay any Rent within five (5) days from when due, the unpaid amounts shall bear interest from the due date until paid at a rate per annum equal to the Prime Rate plus five percent (5%) or, if less, at the highest rate of interest permitted by applicable law. As used herein, “Prime Interest Rate” means the prime rate published in the Money Rates section of the Wall Street Journal Oyster Point Marina Plaza Office Lease Kashiwa Fudosan America, Inc. :: Novacea, Inc. [Suite 200 (400 OPB) ;25,288 rsf] (Western edition) as the same may change from time to time or in a similar publication if the Wall Street Journal ceases publication or ceases publication of its Money Rates section during the Term. Tenant acknowledges that the late payment of any monthly Rent will cause Landlord to lose the use of that money and incur costs and expenses not contemplated under this Lease, including including, without limitation, administrative and collection costs and processing and account accounting expenses, the exact amount of which it is extremely difficult to ascertain. Therefore, in addition to interest, if any such installment payment is not received by Landlord within five (5) days from the date it is when due, Tenant shall pay Landlord a late charge equal to ten three percent (103%) of such installmentpayment. Landlord and Tenant agree that this late charge represents a reasonable estimate of such costs and expenses and is fair compensation to Landlord for loss resulting from Tenant’s nonpayment; provided, however, that Tenant shall be entitled to written notice of non-payment prior to the loss suffered from commencement of the foregoing five (5) day grace period and the application of such nonpayment by Tenantlate charge, on the second (2nd) occasion in any twelve (12) month period on which Rent is not timely paid. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages for any default of Tenant or as limiting Landlord’s remedies in any manner. In addition, any check returned by the bank for any reason will be considered late and will be subject to all late charges charges, plus an additional returned check fee of Twenty Dollars a Fifty Dollar ($20.00)50.00) fee. After two such occasions upon which (2) returned checks have been returned in any twelve-twelve (12) month period, Landlord will have the right to require receive payment by a cashier’s check or money order. Acceptance Nothing contained herein shall be construed as to compel Landlord to accept any payment of any interest Rent in arrears or late charge shall not constitute a waiver of Tenant’s default with respect charges should Landlord elect to such nonpayment by Tenant nor prevent Landlord from exercising any other apply its rights or and remedies available to Landlord under this Lease or at law or in equity, unless equity in the payment event of such interest and late charges is accompanied by all rentals then due and owning (notwithstanding anything to the contrary in § 20.2.1 below)a Default.

Interest and Late Charges. If Any amount not paid by Tenant fails to pay any Rent Landlord when due, the unpaid amounts due hereunder shall bear interest at a rate (the “Interest Rate”) equal to the lesser of (a) the rate per annum announced from time to time by Citicorp, N.A. as its prime rate (or, if such bank fails to announce such a rate, then the prime rate announced by The Chase Manhattan Bank, N.A.) plus two (2) percentage points, or (b) the maximum rate permitted by law, from the due date until paid at a rate per annum equal to the Prime Rate plus five percent (5%) orpaid, if less, at the highest rate of interest permitted by applicable law. As used unless otherwise specifically provided herein, “Prime Rate” means but the payment of such interest shall not excuse or cure any such failure by Tenant under this Lease. If both such banks fail to announce a prime rate, then, for the purposes of this Lease, the prime rate published shall be deemed to be the average prime rate of the three largest (measured by total assets) banking institutions in the Money Rates section of the Wall Street Journal Oyster Point Marina Plaza Office Lease Kashiwa Fudosan America, Inc. :: Novacea, Inc. [Suite 200 (400 OPB) ;25,288 rsf] (Western edition) as the same may change from time to time or in continental United States then announcing a similar publication if the Wall Street Journal ceases publication or ceases publication of its Money Rates section during the Termprime rate. Tenant acknowledges that the late payment of any monthly Rent will cause Landlord to lose the use of that money and incur costs and expenses not contemplated under this Lease, including administrative and collection costs and processing and account expenses, the exact amount of which it is difficult to ascertain. Therefore, in In addition to such interest, if any such installment amount is not received by Landlord paid within five ten (510) days from the date it after same is due, Tenant shall pay Landlord a late charge equal to ten six percent (106%) of such installment. Landlord and Tenant agree that this amount shall be assessed, which late charge represents Tenant hereby agrees is a reasonable estimate of such costs and expenses and is fair compensation to the damages Landlord for the loss suffered from such nonpayment by Tenant. In addition, any check returned by the bank for any reason will be considered late and will be subject to all late charges plus an additional returned check fee of Twenty Dollars ($20.00). After two such occasions upon which checks have been returned in any twelve-month period, Landlord will have the right to require payment by shall suffer as a cashier’s check or money order. Acceptance of any interest or late charge shall not constitute a waiver result of Tenant’s default late payment, which damages include Landlord’s additional administrative and other costs associated with respect such late payment. The parties agree that it would be impracticable and extremely difficult to fix Landlord’s actual damages in such nonpayment by Tenant nor prevent Landlord from exercising any other rights or remedies available to Landlord under this Lease or at law or in equity, unless the payment of such event. Such interest and late charges are separate and cumulative and are in addition to and shall not diminish or represent a substitute for any or all of Landlord’s rights or remedies under any other provision of this Lease. If a late charge is accompanied by payable hereunder, whether or not collected, for any three (3) installments of Base Rent or Additional Rent during any twelve (12) month period, then all rentals then further Base Rent and Additional Rent shall automatically become due and owning (payable quarterly in advance, rather than monthly, notwithstanding anything any provision of this Lease to the contrary in § 20.2.1 below)contrary.

Interest and Late Charges. If Tenant fails to pay any Rent within five (5) days from when due, the unpaid amounts shall bear interest from the due date until paid at a rate per annum equal to the Prime Rate plus five percent (5%) or, if less, at the highest rate of interest permitted by applicable law. As used herein, “Prime Interest Rate” means the prime rate published in the Money Rates section of the Wall Street Journal Oyster Point Marina Plaza Office Lease Kashiwa Fudosan America, Inc. :: Novacea, Inc. [Suite 200 (400 OPB) ;25,288 rsf] (Western edition) as the same may change from time to time or in a similar publication if the Wall Street Journal ceases publication or ceases publication of its Money Rates section during the Term. Tenant acknowledges that the late payment of any monthly Rent will cause Landlord to lose the use of that money and incur costs and expenses not contemplated under this Lease, including including, without limitation, administrative and collection costs and processing and account accounting expenses, the exact amount of which it is extremely difficult to ascertain. Therefore, in addition to interest, if any such installment payment is not received by Landlord within five (5) days from the date it is when due, Tenant shall pay Landlord a late charge equal to ten five percent (105%) of such installmentpayment. Landlord and Tenant agree that this late charge represents a reasonable estimate of such costs and expenses and is fair compensation to Landlord for loss resulting from Tenant’s nonpayment. The late charge shall be deemed Additional Rent and the loss suffered from such nonpayment by Tenantright to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages for any default of Tenant or as limiting Landlord’s remedies in any manner. In addition, any check returned by the bank for any reason will be considered late and will be subject to all late charges charges, plus an additional returned check fee of Twenty Dollars a Fifty Dollar ($20.00)50.00) fee. After two such occasions upon which (2) returned checks have been returned in any twelve-twelve (12) month period, Landlord will have the right to require receive payment by a cashier’s check or money order. Acceptance Nothing contained herein shall be construed as to compel Landlord to accept any payment of any interest Rent in arrears or late charge shall not constitute a waiver of Tenant’s default with respect charges should Landlord elect to such nonpayment by Tenant nor prevent Landlord from exercising any other apply its rights or and remedies available to Landlord under this Lease or at law or in equity, unless equity in the payment event of such interest and late charges is accompanied by all rentals then due and owning (notwithstanding anything to the contrary in § 20.2.1 below)a Default.

Interest and Late Charges. If Tenant fails to pay any Rent when due, after giving effect to any applicable grace periods, the unpaid amounts shall bear interest from the due date until paid at a rate per annum equal to the Prime Rate plus five percent (5%) or, if less, at the highest rate of interest permitted by applicable law. As used herein, “Prime Interest Rate” means the prime rate published in the Money Rates section of the Wall Street Journal Oyster Point Marina Plaza Office Lease Kashiwa Fudosan America, Inc. :: Novacea, Inc. [Suite 200 (400 OPB) ;25,288 rsf] (Western edition) as the same may change from time to time or in a similar publication if the Wall Street Journal ceases publication or ceases publication of its Money Rates section during the Term. Tenant acknowledges that the late payment of any monthly Rent will cause Landlord to lose the use of that money and incur costs and expenses not contemplated under this Lease, including including, without limitation, administrative and collection costs and processing and account accounting expenses, the exact amount of which it is extremely difficult to ascertain. Therefore, in addition to interest, if any such installment payment is not received by Landlord within five ten (510) days from the date it is when due, Tenant shall pay Landlord a late charge equal to ten five percent (105%) of such installmentpayment, plus any reasonable attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay Rent when due. Landlord and Tenant agree that this late charge represents a reasonable estimate of such costs and expenses and is fair compensation to Landlord for the loss suffered resulting from such nonpayment by Tenant’s nonpayment. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition, any check returned by the bank for any reason will be considered late and will be subject to all late charges charges, plus an additional returned check fee of Twenty Dollars a Fifty Dollar ($20.00)50.00) fee. After two such occasions upon which (2) returned checks have been returned in any twelve-twelve (12) month period, Landlord will have the right to require receive payment by a cashier’s check or money order. Acceptance Nothing contained herein shall be construed as to compel Landlord to accept any payment of any interest Rent in arrears or late charge shall not constitute a waiver of Tenant’s default with respect charges should Landlord elect to such nonpayment by Tenant nor prevent Landlord from exercising any other apply its rights or and remedies available to Landlord under this Lease or at law or in equity, unless equity in the payment event of such interest and late charges is accompanied by all rentals then due and owning (notwithstanding anything to the contrary in § 20.2.1 below)a Default.

Interest and Late Charges. If Tenant fails to pay any Rent when due, after giving effect to any applicable grace periods, the unpaid amounts shall bear interest from the due date until paid at a rate per annum equal to the Prime Rate plus five percent (5%) or, if less, at the highest rate of interest permitted by applicable law. As used herein, “Prime Interest Rate” means the prime rate published in the Money Rates section of the Wall Street Journal Oyster Point Marina Plaza Office Lease Kashiwa Fudosan America, Inc. :: Novacea, Inc. [Suite 200 (400 OPB) ;25,288 rsf] (Western edition) as the same may change from time to time or in a similar publication if the Wall Street Journal ceases publication or ceases publication of its Money Rates section during the Term. Tenant acknowledges that the late payment of any monthly Rent will cause Landlord to lose the use of that money and incur costs and expenses not contemplated under this Lease, including including, without limitation, administrative and collection costs and processing and account accounting expenses, the exact amount of which it is extremely difficult to ascertain. Therefore, in addition to interest, if any such installment payment is not received by Landlord within five (5) days Business Days from the date it is when due, Tenant shall pay Landlord a late charge equal to ten five percent (105%) of such installmentpayment, plus any reasonable attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay Rent when due. Landlord and Tenant agree that this late charge represents a reasonable estimate of such costs and expenses and is fair compensation to Landlord for loss resulting from Tenant’s nonpayment. The late charge shall be deemed Additional Rent and the loss suffered from such nonpayment by Tenantright to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition, any check returned by the bank for any reason will be considered late and will be subject to all late charges charges, plus an additional returned check fee of Twenty Dollars a Fifty Dollar ($20.00)50.00) fee. After two such occasions upon which (2) returned checks have been returned in any twelve-twelve (12) month period, Landlord will have the right to require receive payment by a cashier’s check or money order. Acceptance Nothing contained herein shall be construed as to compel Landlord to accept any payment of any interest Rent in arrears or late charge shall not constitute a waiver of Tenant’s default with respect charges should Landlord elect to such nonpayment by Tenant nor prevent Landlord from exercising any other apply its rights or and remedies available to Landlord under this Lease or at law or in equity, unless equity in the payment event of such interest and late charges is accompanied by all rentals then due and owning (notwithstanding anything to the contrary in § 20.2.1 below)a Default.