Common use of Late Charge and Interest Clause in Contracts

Late Charge and Interest. Tenant acknowledges that late payment by Tenant of any Rent will cause Landlord to incur administrative costs not contemplated by this Lease, the exact amount of which is extremely difficult and impracticable to ascertain based on the facts and circumstances pertaining as of the Lease Date. Accordingly, if any Rent is not paid by Tenant, within five (5) days after Tenant's receipt of written notice from Landlord that such amount is past-due, then Tenant shall pay to Landlord a late charge equal to five percent (5%) of such Rent; provided that, if Tenant has previously received one (1) or more written notices from Landlord during the immediately preceding twelve (12) month-period stating that Tenant failed to pay any Rent required to be paid by Tenant under this Lease when due, then Landlord shall not be required to deliver any further written notice to Tenant in such twelve (12) month period. Any Rent, other than late charges, due Landlord under this Lease, if not paid when due, shall also bear interest at the Interest Rate from the date due until paid. The parties acknowledge that such late charge and interest represent a fair and reasonable estimate of the administrative costs and loss of use of funds Landlord will incur by reason of a late Rent payment by Tenant, but Landlord's acceptance of such late charge and/or interest shall not constitute a waiver of an Event of Default with respect to such Rent or prevent Landlord from exercising any other rights and remedies provided under this Lease.

Appears in 2 contracts

Samples: Reciprocal Easement Agreement (Forescout Technologies, Inc), Reciprocal Easement Agreement (Forescout Technologies, Inc)

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Late Charge and Interest. Tenant acknowledges that late payment by Tenant to Landlord of any Rent under this Lease will cause Landlord to incur administrative costs not contemplated by this Lease, the exact amount of which is extremely difficult and or impracticable to ascertain based determine. Such costs include, but are not limited to, processing and accounting charges, late charges that may be imposed on Landlord by the facts terms of any Security Instrument, and circumstances pertaining as late charges and penalties that may be imposed due to late payment of the Lease DateReal Property Taxes. AccordinglyTherefore, if any installment of Base Monthly Rent or any payment of Additional Rent or other rent due from Tenant is not paid received by Tenant, Landlord in good funds within five (5) days after Tenant's receipt of written notice from Landlord that such amount is past-duethe applicable due date, then Tenant shall pay to Landlord a late charge an additional sum equal to five percent (5%) of such Rent; provided that, if Tenant has previously received one (1) or more written notices from Landlord during the immediately preceding twelve (12) month-period stating that Tenant failed to pay any Rent required to be paid by Tenant under this Lease when due, then Landlord shall not be required to deliver any further written notice to Tenant in such twelve (12) month period. Any Rent, other than amount overdue as a late charges, due Landlord under this Lease, if not paid when due, shall also bear interest at the Interest Rate from the date due until paidcharge. The parties acknowledge that such this late charge and interest represent represents a fair and reasonable estimate of the administrative costs and loss of use of funds that Landlord will incur by reason of late payment by Xxxxxx. In no event shall this provision for a late Rent payment by Tenant, but Landlord's acceptance charge be deemed to grant to Tenant a grace period or extension of such late charge and/or interest shall not constitute a waiver of an Event of Default with respect time within which to such Rent pay any rent or prevent Landlord from exercising any other rights and remedies provided right or remedy available to Landlord upon Tenant’s failure to pay any rent due under this LeaseLease in a timely fashion, including any right to terminate this Lease pursuant to Section 13.2.3. If any rent remains delinquent for a period in excess of thirty (30) days then, in addition to such late charge, Tenant shall pay to Landlord interest on any rent that is not paid when due at the Agreed Interest Rate following the date such amount became due until paid.

Appears in 1 contract

Samples: Industrial Space Lease (Neophotonics Corp)

Late Charge and Interest. Tenant acknowledges that late payment by Tenant to Landlord of any Rent under this Lease will cause Landlord to incur administrative costs not contemplated by this Lease, the exact amount of which is extremely difficult and or impracticable to ascertain based determine. Such costs include, but are not limited to, processing and accounting charges, late charges that may be imposed on Landlord by the facts terms of any Security Instrument, and circumstances pertaining as late charges and penalties that may be imposed due to late payment of the Lease DateReal Property Taxes. AccordinglyTherefore, if any installment of Base Monthly Rent or any payment of Additional Rent or other rent due from Tenant is not paid received by Tenant, Landlord in good funds within five ten (510) days after Tenant's receipt of written notice from Landlord that such amount is past-duethe applicable due date, then Tenant shall pay to Landlord a late charge an additional sum equal to five ten percent (510%) of such Rent; provided that, if Tenant has previously received one (1) or more written notices from Landlord during the immediately preceding twelve (12) month-period stating that Tenant failed to pay any Rent required to be paid by Tenant under this Lease when due, then Landlord shall not be required to deliver any further written notice to Tenant in such twelve (12) month period. Any Rent, other than amount overdue as a late charges, due Landlord under this Lease, if not paid when due, shall also bear interest at the Interest Rate from the date due until paidcharge. The parties acknowledge that such this late charge and interest represent represents a fair and reasonable estimate of the administrative costs and loss of use of funds that Landlord will incur by reason of a late Rent payment by Tenant, but Landlord's acceptance of such . In no event shall this provision for a late charge and/or interest shall not constitute be deemed to grant to Tenant a waiver grace period or extension of an Event of Default with respect time within which to such Rent pay any rent or prevent Landlord from exercising any other rights and remedies provided right or remedy available to Landlord upon Tenant’s failure to pay any rent due under this LeaseLease in a timely fashion, including any right to terminate this Lease pursuant to Section 13.2C. If any rent remains delinquent for a period in excess of thirty (30) days then, in addition to such late charge, Tenant shall pay to Landlord interest on any rent that is not paid when due at the Agreed Interest Rate following the date such amount became due until paid.

Appears in 1 contract

Samples: Office Lease (Monolithic Power Systems Inc)

Late Charge and Interest. Tenant acknowledges that late payment by Tenant to Landlord of any Rent under this Lease will cause Landlord to incur administrative costs not contemplated by this Lease, the exact amount of which is extremely difficult and or impracticable to ascertain based determine. Such costs include, but are not limited to, processing and accounting charges, late charges that may be imposed on Landlord by the facts terms of any Security Instrument, and circumstances pertaining as late charges and penalties that may be imposed due to late payment of the Lease Dateany Additional Rent. AccordinglyTherefore, if any installment of Base Monthly Rent or any payment of Additional Rent or other rent due from Tenant is not paid received by Tenant, within five Landlord in good funds by ten (510) days after Tenant's receipt of written notice from Landlord that such amount is past-duethe applicable due date, then Tenant shall pay to Landlord a late charge an additional sum equal to five percent (5%) of such Rent; provided that, if Tenant has previously received one (1) or more written notices from Landlord during the immediately preceding twelve (12) month-period stating that Tenant failed to pay any Rent required to be paid by Tenant under this Lease when due, then Landlord shall not be required to deliver any further written notice to Tenant in such twelve (12) month period. Any Rent, other than amount overdue as a late charges, due Landlord under this Lease, if not paid when due, shall also bear interest at the Interest Rate from the date due until paidcharge. The parties acknowledge that such this late charge and interest represent represents a fair and reasonable estimate of the administrative costs and loss of use of funds that Landlord will incur by reason of a late Rent payment by Tenant, but Landlord's acceptance of such . In no event shall this provision for a late charge and/or interest shall not constitute be deemed to grant to Tenant a waiver grace period or extension of an Event of Default with respect time within which to such Rent pay any rent or prevent Landlord from exercising any other rights and remedies provided right or remedy available to Landlord upon Tenant’s failure to pay any rent due under this LeaseLease in a timely fashion, including any right to terminate this Lease pursuant to Section 13.2C. If any rent remains delinquent for a period in excess of thirty (30) days then, in addition to such late charge, Tenant shall pay to Landlord interest on any rent that is not paid when due at the Agreed Interest Rate following the date such amount became due until paid.

Appears in 1 contract

Samples: Gross Lease (Alphasmart Inc)

Late Charge and Interest. Tenant Sublessee acknowledges that its late payment by Tenant of any Rent will cause Landlord Sublessor to incur administrative costs and expenses not contemplated by this LeaseSublease, including, but not limited to, administrative and collection costs, the exact amount of which is extremely difficult and impracticable or impractical to ascertain based on the facts and circumstances pertaining as of the Lease Datefix. Accordingly, if any installment of Rent is not paid by Tenant, within five (5) days after Tenant's receipt of written notice from Landlord that the date such amount Rent is past-due, then Tenant Sublessee shall pay to Landlord Sublessor, in addition to the installment of Rent then owing, a late payment charge equal to five percent (5%) of the amount of the delinquent installment, regardless of whether a notice of default or notice of termination has been given by Sublessor. Sublessor and Sublessee agree that this late charge represents a reasonable estimate of the costs and expenses incurred by Sublessor from, and is fair compensation to Sublessor for, its loss suffered by such Rent; provided thatlate payment by Sublessee. In addition to such late charge, if Tenant has previously received one (1) or more written notices from Landlord during the immediately preceding twelve (12) month-period stating that Tenant failed to pay any Rent required to be paid by Tenant or other amounts owing unto Sublessor under this Lease when due, then Landlord shall not be required to deliver any further written notice to Tenant in such twelve (12) month period. Any Rent, other than late charges, due Landlord under this Lease, if Sublease which are not paid when due, within five (5) days after the date they are due shall also thereafter bear interest at the Interest Rate from rate of ten percent (10%) per annum. Nothing contained herein shall relieve Sublessee of its obligation to pay Rent as and when due and in the date due until paid. The parties acknowledge that such late charge and interest represent a fair and reasonable estimate of the administrative costs and loss of use of funds Landlord will incur by reason of a late Rent payment by Tenant, but Landlord's acceptance of such late charge and/or interest manner recorded under this Sublease nor shall not any provision hereunder constitute a waiver of an Event any default of Default Sublessee with respect regard to such Rent any late or prevent Landlord from exercising any other rights and remedies provided under this Leasenon-payment of Rent.

Appears in 1 contract

Samples: Marlton Technologies Inc

Late Charge and Interest. Tenant acknowledges that late payment by Tenant to Landlord of any Rent under this Lease will cause Landlord to incur administrative costs not contemplated by this Lease, the exact amount of which is extremely difficult and or impracticable to ascertain based determine. Such costs include, but are not limited to, processing and accounting charges, late charges that may be imposed on Landlord by the facts terms of any Security Instrument, and circumstances pertaining as late charges and penalties that may be imposed due to late payment of the Lease DateReal Property Taxes. AccordinglyTherefore, if any installment of Base Monthly Rent or any payment of Additional Rent or other rent due from Tenant is not paid received by Tenant, Landlord within five (5) days after Tenant's receipt of written notice from Landlord that such amount is past-duethe applicable due date, then Tenant shall pay to Landlord a late charge an additional sum equal to five percent (5%) of such Rent; provided that, if Tenant has previously received one (1) or more written notices from Landlord during the immediately preceding twelve (12) month-period stating that Tenant failed to pay any Rent required to be paid by Tenant under this Lease when due, then Landlord shall not be required to deliver any further written notice to Tenant in such twelve (12) month period. Any Rent, other than amount overdue as a late charges, due Landlord under this Lease, if not paid when due, shall also bear interest at the Interest Rate from the date due until paidcharge. The parties acknowledge that such this late charge and interest represent represents a fair and reasonable estimate of the administrative costs and loss of use of funds that Landlord will incur by reason of a late Rent payment by Tenant, but Landlord's acceptance of such . In no event shall this provision for a late charge and/or interest shall not constitute be deemed to grant to Tenant a waiver grace period or extension of an Event of Default with respect time within which to such Rent pay any rent or prevent Landlord from exercising any other rights and remedies provided right or remedy available to Landlord upon Tenant’s failure to pay any rent due under this LeaseLease in a timely fashion, including any right to terminate this Lease pursuant to Section 13.2C. If any rent remains delinquent for a period in excess of thirty (30) days then, in addition to such late charge, Tenant shall pay to Landlord interest on any rent that is not paid when due at the Agreed Interest Rate following the date such amount became due until paid.

Appears in 1 contract

Samples: NNN Office Lease (Aridis Pharmaceuticals, Inc.)

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Late Charge and Interest. Tenant acknowledges that the late payment by Tenant ------------------------ of any Rent will cause Landlord to incur administrative costs not contemplated by this Lease, including administrative costs, loss of use of the overdue funds and other costs, the exact amount of which is would be impractical and extremely difficult to ascertain. Landlord and impracticable to ascertain based on the facts and circumstances pertaining as Tenant agree that if Landlord does not receive a payment of the Lease Date. Accordingly, if any Rent is not paid by Tenant, within five ten (510) days after Tenant's receipt of written notice from Landlord that such amount payment is past-due, then Tenant shall pay to Landlord a late charge equal to of five percent (5%) of such Rentthe overdue amount per month as a late charge; provided thatprovided, if Tenant has previously received one however, that it Tenant's payment of Rent is overdue more than three (13) or more written notices from Landlord during the immediately preceding twelve (12) month-period stating that Tenant failed to pay times in any Rent required to be paid by Tenant under this Lease when due, then Landlord shall not be required to deliver any further written notice to Tenant in such twelve (12) month period, then no such notice from Landlord shall be required thereafter, and a late charge shall accrue immediately upon Landlord's failure to receive a Rent payment when due. Any Rent, other than late charges, due Landlord Whenever interest is required to be paid under this Lease, if not paid when due, the interest shall also bear interest at the Interest Rate be calculated from the date the payment was due or should have been due if correctly assessed or estimated (or any overcharge paid), until paid. The parties acknowledge that such late charge and interest represent a fair and reasonable estimate of the administrative costs and loss of use of funds Landlord will incur by reason of a late date payment is made or the refund is paid or is credited against Rent payment by Tenant, but Landlord's acceptance of such late charge and/or interest shall not constitute a waiver of an Event of Default with respect to such Rent or prevent Landlord from exercising any other rights and remedies provided under this Leasenext due.

Appears in 1 contract

Samples: Construction Agreement (Smart & Final Inc/De)

Late Charge and Interest. Tenant acknowledges that late payment by ------------------------ Tenant to Landlord of any Rent under this Lease will cause Landlord to incur administrative costs not contemplated by this Lease, the exact amount of which is extremely difficult and or impracticable to ascertain based determine. Such costs include, but are not limited to, processing and accounting charges, late charges that may be imposed on Landlord by the facts terms of any Security Instrument, and circumstances pertaining as late charges and penalties that may be imposed due to late payment of the Lease DateReal Property Taxes. AccordinglyTherefore, if any installment of Base Monthly Rent or any payment of Additional Rent or other rent due from Tenant is not paid received by TenantLandlord in good funds by the applicable due date, within five (5) days after Tenant's receipt of written notice from Landlord that such amount is past-due, then Tenant shall pay to Landlord a late charge an additional sum equal to five ten percent (510%) of such Rent; provided that, if Tenant has previously received one (1) or more written notices from Landlord during the immediately preceding twelve (12) month-period stating that Tenant failed to pay any Rent required to be paid by Tenant under this Lease when due, then Landlord shall not be required to deliver any further written notice to Tenant in such twelve (12) month period. Any Rent, other than amount overdue as a late charges, due Landlord under this Lease, if not paid when due, shall also bear interest at the Interest Rate from the date due until paidcharge. The parties acknowledge that such this late charge and interest represent represents a fair and reasonable estimate of the administrative costs and loss of use of funds that Landlord will incur by reason of late payment by Xxxxxx. In no event shall this provision for a late Rent payment by Tenant, but Landlord's acceptance charge be deemed to grant to Tenant a grace period or extension of such late charge and/or interest shall not constitute a waiver of an Event of Default with respect time within which to such Rent pay any rent or prevent Landlord from exercising any other rights and remedies provided right or remedy available to Landlord upon Tenant's failure to pay any rent due under this LeaseLease in a timely fashion, including any right to terminate this Lease pursuant to Section 13.2C. If any rent remains delinquent for a period in excess of thirty (30) days then, in addition to such late charge, Tenant shall pay to Landlord interest on any rent that is not paid when due at the Agreed Interest Rate following the date such amount became due until paid.

Appears in 1 contract

Samples: Office Lease (Netflix Com Inc)

Late Charge and Interest. Tenant hereby acknowledges that late payment by Tenant to Landlord of any Base Rent, Additional Rent or other sums due hereunder (collectively, "Rent") will cause Landlord to incur administrative costs not contemplated by this Lease, the exact amount of which is will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and impracticable to ascertain based accounting charges, and late charges which may be imposed on Landlord by the facts and circumstances pertaining as terms of any mortgage or deed of trust covering the Lease DateBuilding or Property. Accordingly, if any installment of Rent is due from Tenant shall not paid be received by Tenant, Landlord within five (510) days after Tenant's receipt of written notice from Landlord that such amount is past-shall be due, then Tenant shall pay to Landlord a late charge equal to five percent (5%) of such Rent; provided that, if Tenant has previously received one (1) or more written notices from Landlord during the immediately preceding twelve (12) month-period stating that Tenant failed to pay any Rent required to be paid by Tenant under this Lease when due, then Landlord shall not be required to deliver any further written notice to Tenant in such twelve (12) month period. Any Rent, other than late charges, due Landlord under this Lease, if not paid when due, shall also bear interest at the Interest Rate from the date due until paidoverdue amount. The parties acknowledge hereby agree that such late charge and interest represent represents a fair and reasonable estimate of the administrative costs and loss of use of funds Landlord will incur by reason of a late Rent payment by Tenant, but Landlord's acceptance . Acceptance of such late charge and/or interest by Landlord shall not in no event constitute a waiver of an Event of Default Tenant's default with respect to such Rent or overdue amount, nor prevent Landlord from exercising any of the other rights and remedies provided under this Leasegranted hereunder. In the event any Rent due hereunder remains delinquent for a period in excess of thirty (30) days, Tenant shall pay to Landlord, in addition to the late payment, interest from and after said date at the rate of twelve percent (12%) per annum (the "Interest Rate") until paid in full. Payment of such interest shall not excuse or cure any default by Tenant.

Appears in 1 contract

Samples: Lease Agreement (Emcon)

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