Common use of Late Payment Clause in Contracts

Late Payment. If Tenant fails to pay any installment of rent within five (5) days of when due or if Tenant fails to make any other payment for which Tenant is obligated under this Lease within five (5) days of when due, such late amount will accrue interest at the Interest Rate and Tenant agrees to pay Landlord as additional rent such interest on such amount from the date such amount becomes due until such amount is paid. In addition, Tenant agrees to pay to Landlord concurrently with such late payment amount, as additional rent, a late charge equal to five percent (5%) of the amount due to compensate Landlord for the extra costs Landlord will incur as a result of such late payment. The parties agree that (i) it would be impractical and extremely difficult to fix the actual damage Landlord will suffer in the event of Tenant's late payment, (ii) such interest and late charge represents a fair and reasonable estimate of the detriment that Landlord will suffer by reason of late payment by Tenant, and (iii) the payment of interest and late charges are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord's processing, administrative and other costs incurred by Landlord as a result of Tenant's delinquent payments. Acceptance of any such interest and late charge will not constitute a waiver of the Tenant's default with respect to the overdue amount, or prevent Landlord from exercising any of the other rights and remedies available to Landlord. If Tenant incurs a late charge more than three (3) times in any period of twelve (12) months during the Lease Term, then, notwithstanding that Tenant cures the late payments for which such late charges are imposed, Landlord will have the right to require Tenant thereafter to pay all installments of Monthly Base Rent quarterly in advance throughout the remainder of the Lease Term.

Late Payment. If Tenant fails to pay any installment of rent IXC invoices for amounts payable hereunder shall be due within five (5) 30 days of the date of invoice. If a dispute arises as to any portion of an invoice, PSINet shall pay the undisputed amount of such invoice when due or if Tenant fails to make any other payment for which Tenant is obligated under this Lease within five (5) and shall notify IXC in writing of the disputed amount no later than 30 days of when due, such late amount will accrue interest at the Interest Rate and Tenant agrees to pay Landlord as additional rent such interest on such amount from the date of invoice. The IXC Authorized Representative and the PSINet Authorized Representative will first attempt in good faith to promptly resolve the dispute. If the matter has not been resolved by the IXC Authorized Representative and the PSINet Authorized Representative within 14 days after PSINet' notice, or if either party will not agree to meet within such amount becomes due until 14-day period, the matter will be referred to the Chief Executive Officer of IXC and the Chief Executive Officer of PSINet, who will attempt in good faith to promptly resolve the dispute. If the dispute has not been resolved by the Chief Executive Officer of IXC and the Chief Executive Officer of PSINet within an additional 14-day period, or if either party will not agree to meet within such amount is paid14-day period, then the dispute shall be submitted to arbitration pursuant to Section 19.14. In additionany such arbitration, Tenant agrees the prevailing party shall be awarded such party's costs and expenses incurred in bringing such action. In the event that any payment remains unpaid after its due date, such payment shall be subject to pay to Landlord concurrently with such late payment amount, as additional rent, a late an interest charge equal to five the lesser of one and one-half percent (5%) of the amount due to compensate Landlord for unpaid balance per month or the extra costs Landlord will incur as maximum rate allowed under applicable state law and, if a result of such late payment. The parties agree that (i) it would be impractical and extremely difficult to fix the actual damage Landlord will suffer payment shall not have been paid in the event of Tenant's late payment, (ii) such interest and late charge represents a fair and reasonable estimate full within five business days of the detriment that Landlord will suffer by reason applicable due date when no bona fide dispute exists, IXC may, without any liability to PSINet, at its option, suspend the provision of late payment by Tenant, and (iii) the payment of interest and late charges are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord's processing, administrative maintenance and other costs incurred by Landlord as a result of Tenant's delinquent paymentsservices hereunder until such payment is made in full. Acceptance of any such interest and late charge will not constitute a waiver of the Tenant's default with respect Notwithstanding anything herein to the overdue amountcontrary, or prevent Landlord from exercising any of the other rights and remedies available to Landlord. If Tenant incurs a late charge more than three (3) times in any period of twelve (12) months during the Lease Term, then, notwithstanding that Tenant cures the late payments for which such late charges are imposed, Landlord will no event shall IXC have the right to require Tenant thereafter terminate, modify or otherwise affect its grant to pay all installments of Monthly Base Rent quarterly in advance throughout PSINet of, or PSINet's right, title and interest in, the remainder of IRU Capacity and the Lease TermPSINet Fiber IRU.

Late Payment. If Tenant fails User hereby acknowledges that the late payment by User to pay Owner of any of the Golf Course Use Payments or Additional Charges will cause Owner to incur costs not contemplated hereunder, the exact amount of which is presently anticipated to be extremely difficult to ascertain. Accordingly, if any installment of rent any of the Golf Course Use Payments or Additional Charges payable directly to Owner shall not be paid within five four (54) days of when after its due or if Tenant fails to make any other payment for which Tenant is obligated under this Lease within five (5) days of when duedate, such late amount will accrue interest at the Interest Rate and Tenant agrees to pay Landlord as additional rent such interest on such amount from the date such amount becomes due until such amount is paid. In addition, Tenant agrees to User shall pay to Landlord concurrently with such late payment amount, as additional rent, Owner on demand a late charge equal to the lesser of (a) five percent (5%) of the amount due to compensate Landlord for the extra costs Landlord will incur as a result of such late paymentinstallment or Additional Charges and (b) the maximum amount permitted by law. The parties Parties agree that (i) it would be impractical and extremely difficult to fix the actual damage Landlord will suffer in the event of Tenant's late payment, (ii) such interest and this late charge represents a fair and reasonable estimate of the detriment costs that Landlord Owner will suffer incur by reason of late payment by TenantUser. The Parties further agree that any such late charge constitutes Golf Course Use Payments or Additional Charges (as applicable), and not interest, and such assessment does not constitute a lender or borrower/creditor relationship between Owner and User. If any installment of any of the Golf Course Use Payments (iiior Additional Charges payable directly to Owner) shall not be paid within nine (9) days after its due date, the amount unpaid, including any late charges previously accrued and unpaid, shall bear interest at the Overdue Rate (from such ninth (9th) day after the due date of such installment until the date of payment thereof) (including interest accruing during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, whether or not a claim for such interest is allowed or allowable in such proceeding), and User shall pay such interest to Owner on demand. The payment of interest and such late charges are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord's processing, administrative and other costs incurred by Landlord as a result of Tenant's delinquent payments. Acceptance of any charge or such interest and late charge will shall not constitute a waiver of the Tenant's of, nor excuse or cure, any default with respect to the overdue amountunder this Agreement, or nor prevent Landlord Owner from exercising any of the other rights and remedies available to LandlordOwner. If Tenant incurs a late charge more than three (3) times in any period No failure by Owner to insist upon strict performance by User of twelve (12) months during the Lease Term, then, notwithstanding that Tenant cures the late payments for which such User’s obligation to pay late charges are imposed, Landlord will have the and interest on sums overdue shall constitute a waiver by Owner of its right to require Tenant thereafter enforce the provisions, terms and conditions of this Section 3.2. No payment by User nor receipt by Owner of a lesser amount than may be required to pay all installments be paid hereunder shall be deemed to be other than on account of Monthly Base Rent quarterly any such payment, nor shall any endorsement or statement on any check or any letter accompanying any check tendered as payment be deemed an accord and satisfaction and Owner, in advance throughout its sole discretion, may accept such check or payment without prejudice to Owner’s right to recover the remainder balance of the Lease Termsuch payment due or pursue any other right or remedy in this Agreement provided.

Late Payment. If In any case in which any payment of Fixed Rent due Landlord by Tenant fails to pay any installment of rent under this Lease is not paid within five (5) days of the day when same is due, such payment shall bear interest at the per annum rate of seven (7%) percent over the then prevailing prime rate of interest (which, for the purposes hereof, includes any equivalent or successor interest rate to the prime rate, however the same may be denominated) of JPMorgan Chase Bank, or Citibank N.A. if JPMorgan Chase Bank shall not then have an established prime rate, or the prime rate of any major banking institution doing business in New York City as selected by Landlord (the “Prime Rate”), if neither of the aforementioned banks shall be in existence or have an established prime rate (the “Default Rate”) from the date such payment was due and payable. In any case in which any payment of Additional Rent (as hereinafter defined) or if Tenant fails to make any other payment for which sum due Landlord by Tenant is obligated under this Lease is not paid within five ten (510) days of when that such sum is due, such late amount will accrue payment shall bear interest at the Interest Default Rate from the date such payment was due and payable. If Tenant agrees shall reduce, xxxxx, setoff, counterclaim or deduct any sum from Fixed Rent or Additional Rent payable to pay Landlord as additional rent Landlord, the amount of such reduction, abatement, setoff, counterclaim or deduction shall bear interest on such amount at the Default Rate from the date such amount becomes was reduced, abated, setoff, counterclaimed or deducted by Tenant. Tenant agrees that the Default Rate imposed herein is fair and reasonable, complies with all laws, regulations and statutes, and constitutes an agreement between Landlord and Tenant as to the estimated compensation for costs and administrative expenses incurred by Landlord due until such amount is paidto the late payment to Landlord by Tenant. The Default Rate shall be in addition to any other right or remedy hereunder and shall be due and payable as Additional Rent. Tenant further agrees that the Default Rate does not constitute a lender or borrower/creditor relationship between Landlord and Tenant. In addition, Tenant agrees to shall pay to upon demand by Landlord concurrently with such late payment amountany reasonable and actual attorneys’ fees, as additional rent, a late charge equal to five percent (5%) of the amount due to compensate Landlord for the extra costs Landlord will incur as a result of such late payment. The parties agree that (i) it would be impractical and extremely difficult to fix the actual damage Landlord will suffer in the event of Tenant's late payment, (ii) such interest and late charge represents a fair and reasonable estimate of the detriment that Landlord will suffer by reason of late payment by Tenant, and (iii) the payment of interest and late charges are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord's processing, administrative and other costs disbursements incurred by Landlord as a result in connection with the imposition, collection or payment of Tenant's delinquent payments. Acceptance of any such interest and late charge will not constitute a waiver of the Tenant's default with respect said interest, said amounts to the overdue amount, or prevent Landlord from exercising any of the other rights and remedies available to Landlord. If Tenant incurs a late charge more than three (3) times in any period of twelve (12) months during the Lease Term, then, notwithstanding that Tenant cures the late payments for which such late charges are imposed, Landlord will have the right to require Tenant thereafter to pay all installments of Monthly Base Rent quarterly in advance throughout the remainder of the Lease Termbe deemed Additional Rent.

Late Payment. If Tenant fails to pay any installment of rent within five (5) days of Rent when due or if in the event Tenant fails to make any other payment for which Tenant is obligated under this Lease when due, such late amount shall accrue interest and Tenant shall pay Landlord as Additional Rent interest on such amount at an annual rate (“Default Rate”) equal to the lesser of: (a) the then prevailing prime rate of Bank of America NT & SA (“Prime Rate”) plus six (6) percentage points or (b) the maximum rate permitted by law from the date such amount became due until such amount is paid. If the format or components of the Prime Rate are materially changed, or if the Prime Rate ceases to exist, Landlord shall substitute a prime rate or alternative base rate of interest that is maintained by the Bank of America NT & SA or similar financial institution which Landlord determines in its reasonable business judgment. In addition to said interest, Tenant shall pay to Landlord concurrently with any installment of Rent, or other payment, not paid within five (5) days of when the date upon which it is due, such late amount will accrue interest at the Interest Rate and Tenant agrees to pay Landlord as additional rent such interest on such amount may demand same from the date such amount becomes due until such amount is paid. In addition, Tenant agrees to pay to Landlord concurrently with such late payment amountTenant, as additional rentAdditional Rent, a late charge equal to five eight percent (58%) of the late amount due to compensate Landlord for the extra costs Landlord will incur incurred as a result of such late payment. The parties agree that (i) it would be impractical and extremely difficult to fix the actual damage Landlord will suffer in the event of Tenant's late paymentTHE PARTIES AGREE THAT ANY SUCH LATE PAYMENT MAY CAUSE LANDLORD TO INCUR ADMINISTRATIVE COSTS AND OTHER DAMAGE, (ii) such interest and late charge represents a fair and reasonable estimate of the detriment that Landlord will suffer by reason of late payment by TenantTHE EXACT AMOUNT OF WHICH WOULD BE IMPRACTICABLE OR EXTREMELY DIFFICULT TO ASCERTAIN, and (iii) the payment of interest and late charges are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord's processing, administrative and other costs incurred by Landlord as a result of Tenant's delinquent paymentsAND THAT SUCH INTEREST AND LATE CHARGE REPRESENT A FAIR AND REASONABLE ESTIMATE OF THE DETRIMENT THAT LANDLORD WILL SUFFER BY REASON OF LATE PAYMENT BY TENANT. Acceptance of any such interest and late charge will shall not constitute a waiver of the Tenant's default any Tenant Default with respect to the overdue amount, or prevent Landlord from exercising any of the other rights and remedies available to Landlord. If Tenant incurs a late charge more than three (3) times in any period of twelve (12) months during the Lease Term, then, notwithstanding that Tenant cures the late payments for which such late charges are imposed, Landlord will have the right to require Tenant thereafter to pay all installments of Monthly Base Rent quarterly in advance throughout the remainder of the Lease Termhereunder or at law.

Late Payment. If the Tenant fails to pay the Minimum Rent or any installment of rent within five (5) days of when due thereof or Percentage Rent, if Tenant fails to make any, or any other payment for which Tenant is obligated additional rent due under this Lease within five (5) days of when after such Rent has become due, such late amount both Tenant and Landlord agree that Landlord will accrue interest at the Interest Rate incur additional expenses consisting of extra collection efforts, handling costs and potential impairment of credit on loans which may be secured by this Lease. Both parties agree that should Tenant agrees fail to pay its Rent, Landlord as additional rent such interest on such amount from is entitled to compensation for detriment caused by the date such amount becomes due until such amount failure, but that it is paidextremely difficult and impractical to ascertain the extent of the detriment. In addition, The parties therefore agree that should Tenant agrees fail to pay any Rent due hereunder within five (5) days after the same becomes due, Landlord shall be entitled to Landlord concurrently with such late payment amount, as additional rent, a late charge equal to recover from Tenant five percent (5%) of the amount past due as liquidated damages. Such past due amounts shall also bear interest at the maximum rate allowed by law from the date due until paid. Tenant further agrees to compensate pay Landlord for the extra costs Landlord will incur as a result of such late payment. The parties agree that (i) it would be impractical and extremely difficult to fix the actual damage Landlord will suffer in the event of Tenant's late payment, (ii) such interest and late charge represents a fair and reasonable estimate of the detriment that Landlord will suffer by reason of late payment by Tenant, and (iii) the payment of interest and late charges are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord's processing, administrative and other any costs incurred by Landlord as a result in the collection of Tenant's delinquent paymentssuch past due Rent including, but not limited to, fees of an attorney and/or collection agency. Acceptance Nothing herein contained shall limit any other remedy of any such interest and late charge will not constitute a waiver of the Tenant's default with respect to the overdue amount, or prevent Landlord from exercising any of the other rights and remedies available to Landlordunder this Lease. If Tenant incurs a late charge more than three (3) times in any period of twelve (12) months during the Lease Term, then, notwithstanding that Tenant cures the late payments for which such late charges are imposed, Landlord will shall also have the right to require Tenant thereafter to pay all any past due sums by cashier’s check or money order. Further, should Tenant fail to pay Rent or any other charges due hereunder in the time periods set forth herein, two (2) or more times during any calendar year of the Term, Landlord may require Tenant to thereafter pay Rent in quarterly installments of Monthly Base Rent quarterly in advance throughout for the remainder balance of the Lease Term.

Late Payment. If Tenant fails to pay any installment of rent within five (5) days of Rent when due due, or if Tenant fails to make any other payment for which Tenant is obligated under this Lease when due, such late amount shall accrue interest and Tenant shall pay Landlord as Additional Rent interest on such amount at an annual rate (the “Default Rate”) equal to the lesser of: (a) the then prevailing prime rate of Bank of America NT & SA (the “Prime Rate”) plus six (6) percentage points, or (b) the maximum rate permitted by law, from the date such amount became due until such amount is paid. If the format or components of the Prime Rate are materially changed, or if the Prime Rate ceases to exist, Landlord shall substitute a prime rate or alternative base rate of interest that is maintained by the Bank of America NT & SA or similar financial institution which Landlord determines is most nearly equivalent to the Prime Rate. In addition to said interest, Tenant shall pay to Landlord concurrently with any installment of Rent, or other payment, not paid within five (5) days of when the date upon which it is due, such late amount will accrue interest at the Interest Rate and Tenant agrees to pay Landlord as additional rent such interest on such amount may demand same from the date such amount becomes due until such amount is paid. In addition, Tenant agrees to pay to Landlord concurrently with such late payment amountTenant, as additional rentAdditional Rent, a late charge equal to five eight percent (58%) of the late amount due to compensate Landlord for the extra costs Landlord will incur incurred as a result of such late payment. The parties agree ; provided, however, that on one (i1) it would be impractical occasion during any calendar year of the Term, Landlord shall give Tenant notice of such late payment and extremely difficult Tenant shall have a period of five (5) days thereafter in which to fix the actual damage Landlord will suffer in the event of Tenant's late payment, (ii) make such interest and payment before any late charge represents a fair and reasonable estimate of the detriment that Landlord will suffer by reason of late payment by Tenantis assessed. THE PARTIES AGREE THAT ANY SUCH LATE PAYMENT MAY CAUSE LANDLORD TO INCUR ADMINISTRATIVE COSTS AND OTHER DAMAGES, and (iii) the payment of interest and late charges are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord's money by TenantTHE EXACT AMOUNT OF WHICH WOULD BE IMPRACTICABLE OR EXTREMELY DIFFICULT TO ASCERTAIN, while the payment of late charges is to compensate Landlord for Landlord's processing, administrative and other costs incurred by Landlord as a result of Tenant's delinquent paymentsAND THAT THE INTEREST AND LATE CHARGE DESCRIBED IN THIS SECTION 5.3 REPRESENT A FAIR AND REASONABLE ESTIMATE OF THE DETRIMENT THAT LANDLORD WILL SUFFER BY REASON OF LATE PAYMENT BY TENANT. Acceptance of any such interest and late charge will shall not constitute a waiver of the Tenant's default any Tenant Default with respect to the overdue amount, or prevent Landlord from exercising any of the other rights and remedies available to Landlord. If Tenant incurs a late charge more than three (3) times in any period of twelve (12) months during the Lease Term, then, notwithstanding that Tenant cures the late payments for which such late charges are imposed, Landlord will have the right to require Tenant thereafter to pay all installments of Monthly Base Rent quarterly in advance throughout the remainder of the Lease Termhereunder or at law.

Late Payment. If Tenant fails Subtenant shall fail to pay any Rent so that it is received within five (5) days (or ten (10 days in the case of Sublease Expenses and Abatement Reimbursement Rent only) of the date when payment is due, such unpaid amount shall bear interest from the due date to the date of payment at the lower of the following rates: (i) the Agreed Rate and (i) the maximum rate allowed by applicable usury law. Subtenant acknowledges that late payment of Rent will cause Sublandlord to incur costs not contemplated by this Sublease, the exact amounts of which are extremely difficult and impracticable to fix. Such costs include, without limitation, processing and accounting charges, and late charges which may be imposed on Sublandlord by the terms of the Master Lease. Therefore, if any installment or other payment of rent Rent due from Subtenant is not received by Sublandlord within five (5) days of the date when due or if Tenant fails to make any other payment for which Tenant is obligated under this Lease within five (5) days of when due, such late amount will accrue interest at the Interest Rate and Tenant agrees to pay Landlord as additional rent such interest on such amount from the date such amount becomes due until such amount is paid. In addition, Tenant agrees to Subtenant shall pay to Landlord concurrently with such late payment amount, as Sublandlord an additional rent, a late charge equal to sum of five percent (5%) of the amount due to compensate Landlord for of the extra costs Landlord will incur as a result of such late paymentinstallment. The parties agree that (i) it would be impractical and extremely difficult to fix the actual damage Landlord will suffer in the event of Tenant's late payment, (ii) such interest and this late charge represents a fair and reasonable estimate of the detriment costs that Landlord Sublandlord will suffer incur by reason of late payment by Tenant, and (iii) the payment of interest and late charges are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord's processing, administrative and other costs incurred by Landlord as a result of Tenant's delinquent paymentsSubtenant. Acceptance of any such interest and late charge will shall not constitute a waiver of the TenantSubtenant's default with respect to the overdue amount, or prevent Landlord Sublandlord from exercising any of the other rights and remedies available to LandlordSublandlord. If Tenant incurs Subtenant shall further pay to Sublandlord the sum of One Hundred Dollars ($100) for any check from Subtenant to Sublandlord which is returned or not honored by the bank on which it is drawn, which sum the parties agree is a late charge more than three (3) times in any period of twelve (12) months during the Lease Term, then, notwithstanding that Tenant cures the late payments for which such late charges are imposed, Landlord will have the right to require Tenant thereafter to pay all installments of Monthly Base Rent quarterly in advance throughout the remainder fair and reasonable estimate of the Lease Termcost to Sublandlord of handling such returned or dishonored check.

Late Payment. If Tenant fails to pay any installment of rent within five Rent or other payments due Landlord hereunder are received later than ten (510) days of when after the same shall be due or if Tenant fails any payment due to make any other payment for which Tenant Landlord hereunder on demand is obligated under this Lease not received within five ten (510) days of when due, such late amount will accrue interest at the Interest Rate and Tenant agrees to pay Landlord as additional rent such interest on such amount from the date such amount becomes due until such amount is paid. In addition, Tenant agrees to pay to Landlord concurrently with such late payment amount, as additional rentafter demand, a late charge equal to fee of five percent (5%) of the amount due to compensate Landlord for or Twenty Five Dollars ($25.00), whichever is the extra costs Landlord will incur greater, shall be due and payable by Tenant as a result of such late paymentAdditional Rent. The parties agree that (i) it calculation of the exact costs which Landlord will incur if Tenant makes late payments would be impractical and extremely difficult to fix the actual damage Landlord will suffer in the event of Tenant's late paymentdetermine but would include, (ii) such interest without limitation, processing and accounting charges and late charge represents charges which may be imposed upon Landlord by the terms of any mortgage constituting a lien upon the Building. The parties agree that the late fee provided herein is a fair and reasonable estimate of the detriment that costs the Landlord will suffer incur. If any payment of Base Rent, Tenant's Proportionate Share of Operating and Tax Expenses, Additional Rent or any other sums payable by reason Tenant to Landlord hereunder shall remain unpaid for ten (10) days after the same shall be due, then in addition to the late fee as aforesaid interest shall, at Landlord's option, accrue on the unpaid portion thereof at the following rate and shall be payable by Tenant on demand: at the lesser of (i) eighteen percent (18%) per annum or (ii) the maximum rate then permissible under Connecticut law, until paid. This provision, or payment by Tenant hereunder, or action taken by Landlord hereunder shall not diminish or abrogate Tenant's duty to pay Rent when due, or Landlord's rights to declare default for late payment by Tenant, and (iii) the payment of interest and late charges are distinct and separate as provided elsewhere in that the payment of interest is to compensate Landlord for the use of Landlord's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord's processing, administrative and other costs incurred by Landlord as a result of Tenant's delinquent payments. Acceptance of any such interest and late charge will not constitute a waiver of the Tenant's default with respect to the overdue amount, or prevent Landlord from exercising any of the other rights and remedies available to Landlord. If Tenant incurs a late charge more than three (3) times in any period of twelve (12) months during the Lease Term, then, notwithstanding that Tenant cures the late payments for which such late charges are imposed, Landlord will have the right to require Tenant thereafter to pay all installments of Monthly Base Rent quarterly in advance throughout the remainder of the Lease Termthis Lease.

Late Payment. If Tenant fails to pay any installment of rent within five seven (57) days of when due or if Tenant fails to make any other payment for which Tenant is obligated under this Lease within five (5) days of when due, such late amount will accrue interest at the Interest Rate and Tenant agrees to pay Landlord as additional rent such interest on such amount from the date such amount becomes due until such amount is paidpaid by Tenant to Landlord. In addition, addition Tenant agrees to pay to Landlord concurrently with such late payment amount, as additional rent, a late charge equal to five ten percent (510%) of the amount due to compensate Landlord for the extra costs Landlord will incur as a result of such late payment. The parties Landlord and Tenant agree that (i) it would be impractical and extremely difficult to fix the actual damage Landlord will suffer in the event of Tenant's late payment, (ii) such interest and late charge represents a fair and reasonable estimate of the detriment costs that Landlord will suffer incur by reason of any such late payment by Tenant, and (iii) the payment of interest and late charges are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord's processing, administrative and other costs incurred by Landlord as a result of Tenant's delinquent paymentspayment. Acceptance of any such interest and late charge will not constitute a waiver of the Tenant's default with respect to the overdue amount, or prevent Landlord from exercising any of the other rights and remedies available to Landlord. If Tenant incurs a late charge more than three (3) times in any period of twelve (12) months during the Lease Term, then, notwithstanding that Tenant cures the late payments for which such late charges are imposed, imposed Landlord will have the right to require Tenant thereafter 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.. Any payments of any kind returned for insufficient funds will be subject to an additional handling charge of $25.00 and thereafter, Landlord may require Tenant to pay all future payments of rent or other sums due by money order or cashier's check. (g)

Late Payment. If Tenant fails to pay any installment of rent within five (5) days of when due or if Tenant fails to make any other payment for which Tenant is obligated under this Lease within five (5) days of when due, such late amount will accrue interest at the Interest Rate and Tenant agrees to pay Landlord as additional rent such interest on such amount from the date such amount becomes due until such amount is paidpaid by Tenant to Landlord. In addition, Tenant agrees to pay to Landlord concurrently with such late payment amount, as additional rent, a late charge equal to five ten percent (510%) of the amount due to compensate Landlord for the extra costs Landlord will incur as a result of such late payment. The parties Landlord and Tenant agree that (i) it would be impractical and extremely difficult to fix the actual damage Landlord will suffer in the event of Tenant's late payment, (ii) such interest and late charge represents a fair and reasonable estimate of the detriment costs that Landlord will suffer incur by reason of any such late payment by Tenant, and (iii) the payment of interest and late charges are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord's processing, administrative and other costs incurred by Landlord as a result of Tenant's delinquent paymentspayment. Acceptance of any such interest and late charge will not constitute a waiver of the Tenant's default with respect to the overdue amount, or prevent Landlord from exercising any of the other rights and remedies available to Landlord. If Tenant incurs a late charge more than three (3) times in any period of twelve (12) months during the Lease Term, then, notwithstanding that Tenant cures the late payments for which such late charges are imposed, Landlord will have the right to require Tenant thereafter 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. Any payments of any kind returned for insufficient funds will be subject to an additional handling charge of $25.00, and thereafter, Landlord may require Tenant to pay all future payments of rent or other sums due by money order or cashier's check.

Late Payment. If Tenant fails to pay any installment of rent within five (5) days of when due or if Tenant fails to make any other payment for which Tenant is obligated under this Lease within five (5) days of when due, such late amount will accrue interest at the Interest Rate and Tenant agrees to pay Landlord as additional rent such interest on such amount from the date such amount becomes due until such amount is paid. In addition, Tenant agrees to pay to Landlord concurrently with such late payment amount, as additional rent, a late charge equal to five percent (5%) of the amount due to compensate Landlord for the extra costs Landlord will incur as a result of such late payment. The parties agree that (i) it would be impractical and extremely difficult to fix the actual damage Landlord will suffer in the event of Tenant's ’s late payment, (ii) such interest and late charge represents a fair and reasonable estimate of the detriment that Landlord will suffer by reason of late payment by Tenant, and (iii) the payment of interest and late charges are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord's ’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord's ’s processing, administrative and other costs incurred by Landlord as a result of Tenant's ’s delinquent payments. Acceptance of any such interest and late charge will not constitute a waiver of the Tenant's ’s default with respect to the overdue amount, or prevent Landlord from exercising any of the other rights and remedies available to Landlord. If Tenant incurs a late charge more than three (3) times in any period of twelve (12) months during the Lease Term, then, notwithstanding that Tenant cures the late payments for which such late charges are imposed, Landlord will have the right to require Tenant thereafter to pay all installments of Monthly Base Rent quarterly in advance throughout the remainder of the Lease Term.

Late Payment. If All covenants and agreements to be performed by Tenant under any provisions of this Lease shall be performed by Tenant, at Tenant's sole cost and expense. Tenant acknowledges that the late payment by Tenant to Landlord of any sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such cost being extremely difficult and impractical to fix. Such costs include, without limitation, reasonable processing and accounting charges, and late charges that may be imposed on Landlord by the terms of the encumbrance and note secured by an encumbrance covering the Premises or the Building of which the Premises are a part. Therefore, if any monthly installment of the Annual Fixed Rent is not received by Landlord by the date when due, or if Tenant fails to pay any installment other sum of rent within five money due hereunder and such failure continues for ten (510) days of when due or if Tenant fails to make any other payment for which Tenant is obligated under this Lease within five (5) days of when due, such late amount will accrue interest at the Interest Rate and Tenant agrees to pay Landlord as additional rent such interest on such amount from the date such amount becomes due until such amount is paid. In additionafter notice thereof by Landlord, Tenant agrees to shall pay to Landlord concurrently with such late payment amountLandlord, as additional rent, a late charge equal to the sum of five percent (5%) of the overdue amount due to compensate Landlord for the extra costs Landlord will incur as a result late charge. Such amount if not received within said ten (10) days shall also bear interest, as additional rent, at the Prime Rate as established by the LaSalle Bank of such late paymentLisle plus one and one-half percent (1-1/2%) calculated from the date either the monthly installment of Annual Fixed Rent is due, or of receipt of said notice (if for a sum of money other than Annual Fixed Rent), until the date of payment to Landlord. The parties agree that (i) it would be impractical and extremely difficult to fix the actual damage Landlord will suffer in the event Landlord's acceptance of Tenant's late payment, (ii) such interest and any late charge represents a fair and reasonable estimate of the detriment that Landlord will suffer by reason of late payment by Tenant, and (iii) the payment of or interest and late charges are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord's processing, administrative and other costs incurred by Landlord as a result of Tenant's delinquent payments. Acceptance of any such interest and late charge will shall not constitute a waiver of the Tenant's default with respect to the overdue amount, amount or prevent Landlord from exercising any of the other rights and remedies available to LandlordLandlord under this Lease or any law now or hereafter in effect. If Tenant incurs a Further, in the event such late charge more than is imposed by Landlord for any two (2) months during the Term hereof for whatever reason, Landlord shall have the option to require that, beginning with the first payment of rent due following the imposition of the second late charge, rent shall no longer be paid in monthly installments one month in advance but shall be payable three (3) times in any period of twelve (12) months during the Lease Term, then, notwithstanding that Tenant cures the late payments for which such late charges are imposed, Landlord will have the right to require Tenant thereafter to pay all installments of Monthly Base Rent quarterly in advance throughout on the remainder first (1st) day of the Lease Termeach calendar month.

Late Payment. If Tenant fails to pay any installment payment of rent Rent is not paid within five (5) days of when the due or if Tenant fails to make any other payment for which Tenant is obligated under this Lease within five (5) days of when due, such late amount will accrue interest at the Interest Rate and Tenant agrees to pay Landlord as additional rent such interest on such amount from the date such amount becomes due until such amount is paid. In additionthereof, Tenant agrees to shall pay to Landlord concurrently with such a late payment amount, as additional rent, a late charge equal to five percent (5%) of the amount of such delinquent payment of Rent in addition to the installment of Rent then owing regardless of whether or not a notice of default has been given by Landlord. In addition, Tenant shall pay interest on such late payment and late charge from and after the due date of the late payment and the late charge, respectively, at an interest rate equal to compensate the lesser of (a) the prevailing prime rate as published by Xxxxx Fargo Bank N.A. (or any successor bank) at its San Francisco office or any successor rate of interest plus three (3) percentage points, or (b) the maximum rate permitted by applicable law (hereafter the "Default Rate"), until such amounts are paid. Landlord for and Tenant recognize that the extra costs damages which Landlord will incur suffer as a result of such late payment. The parties Tenant's failure to timely pay Rent are difficult or impracticable to ascertain and agree that (i) it would be impractical said interest and extremely difficult to fix late charge is a reasonable estimate of the actual damage damages which Landlord will suffer in the event of Tenant's late payment, (ii) such interest and late charge represents a fair and reasonable estimate of the detriment that Landlord will suffer by reason of late payment by Tenant, and (iii) the . This provision shall not relieve Tenant from payment of interest Rent at the time and late charges are distinct and separate in that the manner herein specified. Acceptance by Landlord of full payment of interest is to compensate Landlord for the use of Landlord's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord's processing, administrative said delinquent Rent and other costs incurred by Landlord as a result of Tenant's delinquent payments. Acceptance of any such interest and late charge will not shall constitute a waiver cure of the Tenant's default with respect to the said overdue amount, so long as Tenant's default was the first such occurrence during any lease year. If Tenant's default hereunder was the second or subsequent occurrence during any lease year, acceptance by Landlord of full payment of said delinquent Rent and any such interest and late charge shall not constitute a waiver by Landlord of Tenant's default with respect to said overdue amount, nor shall it prevent Landlord from exercising any of the other rights and or remedies available to Landlord. If Tenant incurs a late charge more than three (3) times in any period of twelve (12) months during the Lease Term, then, notwithstanding that Tenant cures the late payments for which such late charges are imposed, Landlord will have the right to require Tenant thereafter to pay all installments of Monthly Base Rent quarterly in advance throughout the remainder of the Lease Term.

Late Payment. If Tenant fails to pay any installment of rent within five (5) days of when due or if Tenant fails to make any other payment for which Tenant is obligated under this Lease within five (5) days of when due, such late amount will accrue interest at the Interest Rate and Tenant agrees to pay Landlord as additional rent such interest on such amount from the date such amount becomes due until such amount is paid. In addition, Tenant agrees to pay to Landlord concurrently with such a late payment amount, as additional rent, a late charge equal to five percent (5%) of the amount due to compensate Landlord for the extra costs Landlord will incur as a result of such late payment. The parties agree that (i) it would be impractical and extremely difficult to fix the actual damage Landlord will suffer in the event of Tenant's late payment, (ii) such interest and late charge represents a fair and reasonable estimate of the detriment that Landlord will suffer by reason of late payment by Tenant, and (iii) the payment of interest and late charges are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord's processing, administrative and other costs incurred by Landlord as a result of Tenant's delinquent payments. Acceptance of any such interest and late charge will not constitute a waiver of the Tenant's default with respect to the overdue amount, or prevent Landlord from exercising any of the other rights and remedies available to Landlord. If Tenant incurs a late charge more than three (3) times in any period of twelve (12) months during the Lease Term, then, notwithstanding that Tenant cures the late payments for which such late charges are imposed, Landlord will have the right to require Tenant thereafter to pay all installments of Monthly Base Rent quarterly in advance throughout the remainder of the Lease Term.

Late Payment. If Tenant fails to pay acknowledges that the late payment by Tenant of any monthly installment of Base Rent or additional monthly rent will cause Landlord to incur costs and expenses, the exact amount of which is extremely difficult and impractical to fix. Such costs and expenses will include administration and collection costs and processing and accounting expenses. Therefore, if any monthly installment of Base Rent or Additional Monthly Rent is not received by Landlord within five (5) days of when due or if Tenant fails to make any other payment for which Tenant after such installment is obligated under this Lease within five (5) days of when due, such late amount will accrue interest at the Interest Rate and Tenant agrees to pay Landlord as additional rent such interest on such amount from the date such amount becomes due until such amount is paid. In addition, Tenant agrees to shall immediately pay to Landlord concurrently with such late payment amount, as additional rent, a late charge equal to five percent (5%) of the amount due to compensate such delinquent installment. Landlord for the extra costs Landlord will incur as a result of such late payment. The parties and Tenant agree that (i) it would be impractical and extremely difficult to fix the actual damage Landlord will suffer in the event of Tenant's late payment, (ii) such interest and late charge represents a fair and reasonable estimate of the detriment that Landlord will suffer by reason of late payment by Tenant, such costs and (iii) the payment of interest expenses and late charges are distinct and separate in that the payment of interest is fair reimbursement to compensate Landlord for the use of Landlord's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord's processing, administrative and other costs incurred by Landlord as a result of Tenant's delinquent payments. Acceptance of any In no event shall such interest and late charge will not constitute be deemed to grant to Tenant a waiver grace period or extension of the Tenant's default with respect time within which to the overdue amount, pay any sum otherwise due or prevent Landlord from exercising any of the other rights and remedies right or enforcing any remedy available to Landlord. If Tenant incurs a late charge more than three (3) times in any period Landlord upon Tenant's failure to pay each installment of twelve (12) months during the rent due under this Lease Termwhen due, then, notwithstanding that Tenant cures the late payments for which such late charges are imposed, Landlord will have including the right to require terminate this Lease and recover all damages from Tenant. All amounts of money payable by Tenant thereafter to pay all installments of Monthly Base Rent quarterly in advance throughout Landlord hereunder, if not paid when due, shall bear interest from the remainder due date (and disregarding the five (5) day period applicable to late charges) until paid at the lower of the Lease Termhighest rate permitted by law and two percent (2%) over the rate designated in the Wall Street Journal as the Prime Rate at the time such amounts first become due, adjusted monthly ("INTEREST RATE"), and Tenant shall pay such interest to Landlord on written demand in addition to the late charge, which late charge (as contrasted with interest) will not be due unless Tenant is late in making such payment by more than five (5) days.

Late Payment. If Tenant fails to pay any installment installments of rent within five (5) days of when due or if Tenant fails to make any other payment for which Tenant is obligated under this Lease within five (5) days of when due, such late amount will accrue interest at the Interest Rate and Tenant agrees to pay Landlord as additional rent such interest on such amount from the date such amount becomes due until such amount is paid. In addition, Tenant agrees to pay to Landlord concurrently with such late payment amount, as additional rent, a late charge equal to five percent (5%) of the amount due to compensate Landlord for the extra costs Landlord will incur as a result of such late payment. The parties agree that (i) it would be impractical and extremely difficult to fix the actual damage Landlord will suffer in the event of Tenant's late payment, (ii) such interest and late charge represents a fair and reasonable estimate of the detriment that Landlord will suffer by reason of late payment by Tenant, and (iii) the payment of interest and late charges are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord's processing, administrative and other costs incurred by Landlord as a result of Tenant's delinquent payments. Acceptance of any such interest and late charge will not constitute a waiver of the Tenant's default with respect to the overdue amount, or prevent Landlord from exercising any of the other rights and remedies available to Landlord. If Tenant incurs a late charge more than three (3) times in any period of twelve (12) months during the Lease Term, then, notwithstanding that Tenant cures the late payments for which such late charges are imposed, Landlord will have the right to require Tenant thereafter to pay all installments of Monthly Base Rent quarterly in advance throughout the remainder of the Lease Term. Notwithstanding anything to the contrary in this subparagraph (f), with respect to the first delinquent installment of Monthly Base Rent in each calendar year, no interest shall accrue and no late charge shall be payable provided that Tenant pays to Landlord such delinquent installment of Monthly Base Rent within five (5) days after Landlord's delivery of written notice that such installment is past due.

Late Payment. If Tenant fails to pay any installment of rent within five (5) days of when due or if Tenant fails to make any other payment for which Tenant is obligated under this Lease within five (5) days of when due, such late amount will accrue interest at the Interest Rate and Tenant agrees to pay Landlord as additional rent Additional Rent such interest on such amount from the date such amount becomes due until such amount is paid. In addition, Tenant agrees to pay to Landlord concurrently with such late payment amount, as additional rentAdditional Rent, a late charge equal to five percent (5%) of the amount due to compensate Landlord for the extra costs Landlord will incur as a result of such late payment. The parties agree that (i) it would be impractical and extremely difficult to fix the actual damage Landlord will suffer in the event of Tenant's late payment, (ii) such interest and late charge represents a fair and reasonable estimate of the detriment that Landlord will suffer by reason of late payment by Tenant, and (iii) the payment of interest and late charges are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord's processing, administrative and other costs incurred by Landlord as a result of Tenant's delinquent payments. Acceptance of any such interest and late charge will not constitute a waiver of the Tenant's default with respect to the overdue amount, or prevent Landlord from exercising any of the other rights and remedies available to Landlord. If Tenant incurs a late charge more than three (3) times in any period of twelve (12) months during the Lease Term, then, notwithstanding that Tenant cures the late payments for which such late charges are imposed, Landlord will have the right to require Tenant thereafter to pay all installments of Monthly Base Rent quarterly in advance throughout the remainder of the Lease Term.

Late Payment. If Tenant fails to pay any installment of rent within five (5) days of Rent when due or if in the event Tenant fails to make any other payment for which Tenant is obligated under this Lease when due, such late amount shall accrue interest and Tenant shall pay Landlord as Additional Rent interest on such amount at an annual rate (the “Default Rate”) equal to the lesser of: (a) the then prevailing prime rate of Bank of America NT & SA (the “Prime Rate”) plus six (6) percentage points or (b) the maximum rate permitted by law from the date such amount became due until such amount is paid. If the format or components of the Prime Rate are materially changed, or if the Prime Rate ceases to exist, Landlord shall substitute a prime rate or alternative base rate of interest that is maintained by the Bank of America NT & SA or similar financial institution which Landlord determines in its reasonable business judgment. In addition to said interest, Tenant shall pay to Landlord concurrently with any installment of Rent, or other payment, not paid within five (5) days of when the date upon which it is due, such late amount will accrue interest at the Interest Rate and Tenant agrees to pay Landlord as additional rent such interest on such amount may demand same from the date such amount becomes due until such amount is paid. In addition, Tenant agrees to pay to Landlord concurrently with such late payment amountTenant, as additional rentAdditional Rent, a late charge equal to five percent (5%) of the late amount due to compensate Landlord for the extra costs Landlord will incur incurred as a result of such late payment. The parties agree that (i) it would be impractical and extremely difficult to fix the actual damage Landlord will suffer in the event of Tenant's late paymentTHE PARTIES AGREE THAT ANY SUCH LATE PAYMENT MAY CAUSE LANDLORD TO INCUR ADMINISTRATIVE COSTS AND OTHER DAMAGE, (ii) such interest and late charge represents a fair and reasonable estimate of the detriment that Landlord will suffer by reason of late payment by TenantTHE EXACT AMOUNT OF WHICH WOULD BE IMPRACTICABLE OR EXTREMELY DIFFICULT TO ASCERTAIN, and (iii) the payment of interest and late charges are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord's processing, administrative and other costs incurred by Landlord as a result of Tenant's delinquent paymentsAND THAT SUCH INTEREST AND LATE CHARGE REPRESENT A FAIR AND REASONABLE ESTIMATE OF THE DETRIMENT THAT LANDLORD WILL SUFFER BY REASON OF LATE PAYMENT BY TENANT. Acceptance of any such interest and late charge will shall not constitute a waiver of the Tenant's default any Tenant Default with respect to the overdue amount, or prevent Landlord from exercising any of the other rights and remedies available to Landlord. If Tenant incurs a late charge more than three (3) times in any period of twelve (12) months during the Lease Term, then, notwithstanding that Tenant cures the late payments for which such late charges are imposed, Landlord will have the right to require Tenant thereafter to pay all installments of Monthly Base Rent quarterly in advance throughout the remainder of the Lease Termhereunder or at law.

Late Payment. If Tenant fails to pay any installment of rent or additional rent within five three (53) days after receipt of when due or if Tenant fails to make any other payment for which Tenant is obligated under this Lease within five (5) days of when duea written demand from Landlord, such late amount will accrue interest at the Interest Rate and Tenant agrees to pay Landlord as additional rent such interest on such amount from the date such amount becomes due until such amount is paid. In addition, if more than one regularly scheduled payment of rent or additional rent due under this Lease is five (5) days or more late in any twelve (12) month period during the Lease Term, then Tenant agrees to pay to Landlord concurrently with such late payment amount, as additional rent, a late charge equal to five percent (5%) of the amount due to compensate Landlord for the extra costs Landlord will incur as a result of such late payment, without the necessity of prior notice or demand. The parties agree that (i) it would be impractical and extremely difficult to fix the actual damage Landlord will suffer in the event of Tenant's late payment, (ii) such interest and late charge represents a fair and reasonable estimate of the detriment that Landlord will suffer by reason of late payment by Tenant, and (iii) the payment of interest and late charges are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord's processing, administrative and other costs incurred by Landlord as a result of Tenant's delinquent payments. Acceptance of any such interest and late charge will not constitute a waiver of the Tenant's default with respect to the overdue amount, or prevent Landlord from exercising any of the other rights and remedies available to Landlord. If Tenant incurs a late charge more than three (3) times in any period of twelve (12) months during the Lease Term, then, notwithstanding that Tenant cures the late payments for which such late charges are imposed, Landlord will have the right to require Tenant thereafter to pay all installments of Monthly Base Rent quarterly in advance throughout the remainder of the Lease Term.

Late Payment. If Monthly Base Rent or any other payment due hereunder from Tenant fails to pay any installment of rent within Landlord remains unpaid five (5) days after said payment is due, the amount of when due such unpaid rent or if Tenant fails to make any other payment for which Tenant is obligated under this Lease within five (5) days of when due, such late amount will accrue interest at the Interest Rate and Tenant agrees to pay Landlord as additional rent such interest on such amount from the date such amount becomes due until such amount is paid. In addition, Tenant agrees to pay to Landlord concurrently with such late payment amount, as additional rent, shall be increased by a late charge equal to five percent (5%) of the amount due of the delinquent rent or other payment, the parties hereto agreeing that such late charge shall not be deemed to compensate be a penalty, it being understood between the parties that late payments by Tenant shall result in additional expense to Landlord for which is difficult and impractical to ascertain and that such late charge is a reasonable estimate of the extra costs loss and expense to be suffered by Landlord will incur as a result of such late payment. The parties agree In addition, past due Monthly Base Rent and any other sum due hereunder that is past due shall bear interest at the rate of fifteen percent (i15%) it would be impractical and extremely difficult per annum (or if less, the highest rate permitted by law) beginning on the thirty-first (31st) day after said Monthly Base Rent or other payment is due until the past due monetary obligation is paid. If rent or any other sum due Landlord by Tenant hereunder is collected by or through an attorney at law, Tenant agrees to fix pay Landlord’s reasonable attorneys’ fees incurred with respect thereto. Nothing herein, however, shall relieve Tenant of the actual damage Landlord will suffer obligation to pay rent or any other payment on or before the date on which any such payment is due, nor in any way limit Landlord’s remedies under this Lease or at law or in equity in the event of Tenant's late payment, (ii) such interest and late charge represents a fair and reasonable estimate of the detriment that Landlord will suffer by reason of late said rent or other payment by Tenant, and (iii) the payment of interest and late charges are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord's money by Tenant, while the payment of late charges unpaid after it is to compensate Landlord for Landlord's processing, administrative and other costs incurred by Landlord as a result of Tenant's delinquent payments. Acceptance of any such interest and late charge will not constitute a waiver of the Tenant's default with respect to the overdue amount, or prevent Landlord from exercising any of the other rights and remedies available to Landlorddue. If Tenant incurs a late charge more than three (3) times in any period of twelve (12) months during the Lease Term, then, notwithstanding that Tenant cures fails to pay the late payments for which such late charges are imposedpayment charge, or attorneys’ fees or interest due hereunder, Landlord will shall have the right same remedies as are provided to require Tenant thereafter Landlord hereunder for Tenant’s failure to pay all installments of Monthly Base Rent quarterly in advance throughout the remainder of the Lease TermRent.

Late Payment. If All payments received after the 3rd day of the month are subject to a late fee of $ 50.00. A fee of $ 50.00 is charged for all returned checks or ACHs. Maintenance and Condition of Premises. Tenant fails to pay will take good care of the premises and will at the end or other expiration of the term deliver up the premises in good order and condition. Without in any installment of rent within five (5) days of when due or if way limiting the general obligation expressed above, it is agreed: Tenant fails accepts the premises in their present condition and Landlord will not be obligated to make any other payment for which changes thereto or future repairs except major structural repairs necessary to keep the premises in a habitable condition and not caused by Tenant's neglect or violation of this Lease. Insofar as possible, all work or repairs on the premises will be performed by the persons or companies as contained in any directions or lists given by the Landlord to the Tenant. Tenant is obligated under this Lease within five (5) days of when due, such late amount will accrue interest at notify Landlord or his duly authorized agents whenever major repairs are required. Tenant will keep the Interest Rate kitchen stove periodically cleaned and will not cause any grease or debris to accumulate thereon. Tenant agrees to pay keep all appliances, furnishings and equipment belonging to Landlord in good repair and to leave the same in as additional rent such interest on such amount from the date such amount becomes due until such amount is paidgood condition as when taken, reasonable use and wear thereof excepted. In addition, Tenant agrees to pay keep their sidewalk free of snow and ice Tenant agrees to place all household garbage and trash in the Dumpster provide by the landlord Tenant agrees to place all recyclables properly in the containers provided by the landlord Tenant agrees to no smoking in the house Tenant agrees to maintain the home thermostat / temperature at a minimum 55 F at all times in the cold months of November, December, January, February and March. Tenant agrees to set the electric baseboard heaters at the low setting in the cold months of November, December, January, February and March. Tenant can have a maximum of three pets unless approved by landlord. Tenant shall be solely responsible for any and all damages caused because of any act of Tenant’s pet(s) regardless of fault. Tenant agrees to save and hold the Landlord concurrently with such late payment amountharmless from any liability whatsoever for injuries to persons or property and for other damages, as additional rentclaims, a late charge equal causes of action or expenses including reasonable attorney’s fees caused by an act of Tenant’s pet(s). Tenant agrees to five percent (5%) abide by all applicable government regulations and laws in the use of the amount due premises and also to compensate abide by any regulations and rules made by the Landlord for the extra costs Landlord will incur as a result purpose of such late payment. The parties agree that (i) it would be impractical and extremely difficult to fix preserving the actual damage Landlord will suffer in the event condition of Tenant's late payment, (ii) such interest and late charge represents a fair and reasonable estimate of the detriment that Landlord will suffer by reason of late payment by Tenant, and (iii) the payment of interest and late charges are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord's processing, administrative and other costs incurred by Landlord as a result of Tenant's delinquent payments. Acceptance of any such interest and late charge will not constitute a waiver of the Tenant's default with respect to the overdue amount, or prevent Landlord from exercising any of the other rights and remedies available to Landlord. If Tenant incurs a late charge more than three (3) times in any period of twelve (12) months during the Lease Term, then, notwithstanding that Tenant cures the late payments for which such late charges are imposed, Landlord will have the right to require Tenant thereafter to pay all installments of Monthly Base Rent quarterly in advance throughout the remainder of the Lease Termsaid premises.

Late Payment. If Penalty Should Tenant fails fail to pay any installment of rent within five (5) days of when due any Installment of Fixed Minimum Rent or if Tenant fails to make any other sum payable to Landlord under the terms of this Lease, then Landlord shall assess a servicing fee of Fifty Dollars ($50.00) per month from and after the Fifth (5th) day following the date on which any sum shall be due and payable, until the required payments are made. Landlord, at its option, may subtract any such amount that is not paid from any Security Deposit held by Landlord and, in such event, Tenant shall deposit a like amount with Landlord in accordance with the terms of Section 10.1 herein. Should Tenant remit a partial payment for which Tenant is obligated any outstanding Fixed Minimum Rent or Additional Rent due, Landlord shall apply said partial payment to the outstanding Fixed Minimum Rent or Additional Rent as Landlord deems necessary in its sole discretion. Section 2.3 Additional Rent - Definition In addition to the foregoing Fixed Minimum Rent and Fixed Minimum Rent Increase, all payments to be made under this Lease within five by Tenant to Landlord shall be deemed to be and shall become Additional Rent hereunder and, together with Fixed Minimum Rent, shall be included in the term “Rent” whenever such term is used herein. Unless another time shall be herein expressly provided for the payment thereof, any Additional Rent shall be due and payable on demand or together with the next succeeding installment of Fixed Minimum Rent, which ever shall first occur, together with all applicable state taxes, and Landlord, after first giving Tenant not less than ten (510) days of when dueprior written notice and opportunity to cure, such late amount will accrue interest at the Interest Rate and Tenant agrees to pay Landlord as additional rent such interest on such amount from the date such amount becomes due until such amount is paid. In addition, Tenant agrees to pay to Landlord concurrently with such late payment amount, as additional rent, a late charge equal to five percent (5%) of the amount due to compensate Landlord for the extra costs Landlord will incur as a result of such late payment. The parties agree that (i) it would be impractical and extremely difficult to fix the actual damage Landlord will suffer in the event of Tenant's late payment, (ii) such interest and late charge represents a fair and reasonable estimate of the detriment that Landlord will suffer by reason of late payment by Tenant, and (iii) the payment of interest and late charges are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord's processing, administrative and other costs incurred by Landlord as a result of Tenant's delinquent payments. Acceptance of any such interest and late charge will not constitute a waiver of the Tenant's default with respect to the overdue amount, or prevent Landlord from exercising any of the other rights and remedies available to Landlord. If Tenant incurs a late charge more than three (3) times in any period of twelve (12) months during the Lease Term, then, notwithstanding that Tenant cures the late payments for which such late charges are imposed, Landlord will shall have the right to require pay or do any act which requires the expenditure of any sums of money by reason of the failure or neglect of Tenant thereafter to perform any of the provisions of this Lease, and in the event Landlord elects to pay such sums or do such acts requiring the expenditure of monies, all installments of Monthly Base such sums so paid by Landlord, together with interest thereon, shall be deemed to be Additional Rent quarterly in advance throughout the remainder of the Lease Termand payable as such by Tenant to Landlord upon demand.

Late Payment. If Tenant fails to pay any installment of rent within five (5) days of when due or if Tenant fails to make ------------ any other payment for which Tenant is obligated under this Lease within five (5) business days of when due, such late amount will accrue interest at the Interest Rate and Tenant agrees to pay Landlord as additional rent such interest on such amount from the date such amount becomes due until such amount is paid. In addition, Tenant agrees to pay to Landlord concurrently with such late payment amount, as additional rent, a late charge equal to five percent (5%) of the amount due to compensate Landlord for the extra costs Landlord will incur as a result of such late payment. payment The parties agree that (i) it would be impractical and extremely difficult to fix the actual damage Landlord will suffer in the event of Tenant's late payment, (ii) such interest and late charge represents a fair and reasonable estimate of the detriment that Landlord will suffer by reason of late payment by Tenant, and (iii) the payment of interest and late charges are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord's processing, administrative and other costs incurred by Landlord as a result of Tenant's delinquent payments. Acceptance of any such interest and late charge will not constitute a waiver of the Tenant's default with respect to the overdue amount, or prevent Landlord from exercising any of the other rights and remedies available to Landlord. Notwithstanding the foregoing, Landlord shall not ignore a late charge or interest on a late installment of rent pursuant to the foregoing unless Landlord has notified Tenant within the previous twelve (12) months that an installment of rent was not paid within five (5) business days of when due; and Landlord shall not impose a late charge or interest on any other late payment pursuant to the foregoing unless Landlord has notified Tenant within the previous twelve (12) months that a payment (other than a rental installment) was not paid within five (5) business days of when due. If Tenant incurs a late charge more than three (3) times in any period of twelve (12) months during the Lease Term, then, notwithstanding that Tenant cures the late payments for which such late charges are imposed, Landlord will have the right to require Tenant thereafter to pay all installments of Monthly Base Rent quarterly in advance throughout the remainder of the Lease Term, and the Security Deposit held by Landlord shall be increased and Tenant shall immediately pay to Landlord the amount necessary to increase the Security Deposit to no less than three (3) months Rent (whether or not any Security Deposit was previously required hereunder).

Late Payment. If Tenant fails Tenant's failure to pay any installment of rent promptly or make other payments required under this Lease may cause Landlord to incur unanticipated costs, which are impractical to ascertain. Any amount due from Tenant to Landlord hereunder which is not paid within five ten (510) days of when the date due or if Tenant fails to make any other payment for which Tenant is obligated under this Lease within five (5) days of when due, such late amount will accrue shall bear interest at the rate equal to the lower of fourteen percent (14%) per annum ("Default Interest Rate and Tenant agrees to pay Landlord as additional rent Rate") or the maximum lawful rate of interest from the due date until paid, but the payment of such interest on such amount from the date such amount becomes due until such amount is paidshall not excuse or cure any default by Tenant under this Lease. In addition, Tenant agrees addition to pay to Landlord concurrently with such late payment amount, as additional rentinterest: (i) If Base Rent is not paid within ten (10) days after the same is due, a late charge equal to five three percent (53%) of the amount overdue shall be assessed from the due to compensate Landlord for the extra costs Landlord will incur as a result date of such payment and shall accrue for each calendar month or part thereof until such rental, including the late payment. The parties agree that (i) it would be impractical and extremely difficult to fix the actual damage Landlord will suffer charge, is paid in the event of Tenant's late paymentfull, (ii) such interest and which late charge represents Tenant hereby agrees is a fair and reasonable estimate of the detriment that damages Landlord will shall suffer by reason of late payment by Tenant, and (iii) the payment of interest and late charges are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord's processing, administrative and other costs incurred by Landlord as a result of Tenant's delinquent paymentslate payment and (ii) An additional charge of $50.00 shall be assessed for any check given to Landlord by or on behalf of Tenant which is not honored by the drawee thereof; which damages include Landlord's additional administrative and other costs associated with such late payment and unsatisfied checks and the parties agree that it would be impracticable or extremely difficult to fix Landlord's actual damage in such event. Acceptance of any such Such charges for interest and late charge will payments and unsatisfied checks are separate and cumulative and are in addition to and shall not constitute diminish or represent a waiver substitute for any or all of the TenantLandlord's default with respect to the overdue amount, rights or prevent Landlord from exercising remedies under any other provision of the other rights and remedies available to Landlord. If Tenant incurs a late charge more than three (3) times in any period of twelve (12) months during the Lease Term, then, notwithstanding that Tenant cures the late payments for which such late charges are imposed, Landlord will have the right to require Tenant thereafter to pay all installments of Monthly Base Rent quarterly in advance throughout the remainder of the Lease Termthis Lease.

Late Payment. If Tenant fails to pay Landlord does not receive any regular monthly installment of rent within five (5) days Net Rent and Additional Rent on or before the first business day of when due the calendar month in which it is due, or if Tenant fails to make any other payment for which of Rent is past due and Landlord does not receive such other payment of Rent within 5 days after giving Tenant written notice that it is obligated under this Lease within five (5) days of when past due, such Landlord has the right to elect, in its sole discretion, to charge as a late fee an additional sum equal to 5% of the delinquent amount will accrue to compensate Landlord for its costs incurred in connection with the late payment, and, after 30 days, interest at accruing on the Interest Rate and Tenant agrees to pay Landlord as additional rent such interest on such unpaid amount from the date due at a per-annum rate equal to Wall Street Journal “Prime Rate for the first business day of the applicable calendar year plus 4% but not to exceed the legal rate on judgments (the “Interest Rate”). Tenant will pay such amount becomes to Landlord together with the next monthly installment of Rent coming due until after Landlord gives Tenant written notice of the charge. Landlord’s election not to charge a late fee or impose any interest that it would be entitled to charge with respect to any particular month or period of months will not waive Landlord’s right to do so at any time in the future, regardless of the duration of any pattern of late payment by Tenant, and Tenant hereby waives any such amount is paiddefense to the payment of any late fee or interest that Landlord elects to charge under this Section 7.g. In addition, Nothing in this Section 7.g in any way authorizes or permits Tenant agrees to pay to Landlord concurrently with any Rent after the date such late payment amount, as additional rent, a late charge equal to five percent (5%) of the amount due to compensate Landlord for the extra costs Landlord will incur as a result of such late paymentRent is due. The parties agree that (i) it would be impractical such late fees and extremely difficult to fix the actual damage Landlord will suffer in the event of Tenant's interest are liquidated damages for late payment, (ii) such interest payment and late charge represents represent a fair and reasonable estimate of the detriment costs that Landlord will suffer by reason incur because of late payment by Tenant, and (iii) the . Landlord’s acceptance of any late fee or interest or any partial payment of interest and late charges are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord's money by any past-due Rent does not waive Tenant, while the payment of late charges is to compensate Landlord for Landlord's processing, administrative and other costs incurred by Landlord as a result of Tenant's delinquent payments. Acceptance of any such interest and late charge will not constitute a waiver of the Tenant's ’s default with respect to the overdue amount, or delinquent amount and does not prevent Landlord from exercising any of the its other rights and remedies available with respect to LandlordTenant’s default under this Lease. If Tenant incurs Notwithstanding the foregoing, if Landlord has not delivered a written notice of late payment within the preceding 12 months, Landlord may not assess a late charge more than three (3) times in any period fee unless Landlord gives Tenant a written notice of twelve (12) months such late payment and Tenant does not cure the default within 3 days after it receives the notice. No other notices will be required during the Lease Term, then, notwithstanding that Tenant cures the following 12 months for a late payments for which such late charges are imposed, Landlord will have the right fee to require Tenant thereafter to pay all installments of Monthly Base Rent quarterly in advance throughout the remainder of the Lease Termbe incurred.

Late Payment. If Tenant fails to pay acknowledges that the late payment by Tenant of ------------ any monthly installment of rent Base Rent or Additional Monthly Rent will cause Landlord to incur costs and expenses, the exact amount of which is extremely difficult and impractical to fix. Such costs and expenses will include administration and collection costs and processing and accounting expenses. Therefore, if any monthly installment of Base Rent or Additional Monthly Rent is not received by Landlord within five (5) days of when due after such installment is due, or if Tenant fails to make any other payment for which Tenant is obligated under this Lease within five three (53) days of when after Landlord notifies Tenant that such installment is due, such late amount will accrue interest at the Interest Rate and Tenant agrees to pay Landlord as additional rent such interest on such amount from the date such amount becomes due until such amount whichever is paid. In additionlater, Tenant agrees to shall immediately pay to Landlord concurrently with such late payment amount, as additional rent, a late charge equal to five three percent (53%) of such delinquent installment; provided, that no late -------- charge shall be due with respect to the amount due to compensate first delinquent installment within any twenty-four (24) month period. Landlord for the extra costs Landlord will incur as a result of such late payment. The parties and Tenant agree that (i) it would be impractical and extremely difficult to fix the actual damage Landlord will suffer in the event of Tenant's late payment, (ii) such interest and late charge represents a fair and reasonable estimate of the detriment that Landlord will suffer by reason of late payment by Tenant, such costs and (iii) the payment of interest expenses and late charges are distinct and separate in that the payment of interest is fair reimbursement to compensate Landlord for the use of Landlord's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord's processing, administrative and other costs incurred by Landlord as a result of Tenant's delinquent payments. Acceptance of any In no event shall such interest and late charge will not constitute be deemed to grant to Tenant a waiver grace period or extension of the Tenant's default with respect time within which to the overdue amount, pay any monthly rent or prevent Landlord from exercising any of the other rights and remedies right or enforcing any remedy available to Landlord. If Tenant incurs a late charge more than three (3) times in any period Landlord upon Tenant's failure to pay each installment of twelve (12) months during the monthly rent due under this Lease Termwhen due, then, notwithstanding that Tenant cures the late payments for which such late charges are imposed, Landlord will have including the right to require terminate this Lease and recover all damages from Tenant. All amounts of money payable by Tenant thereafter to pay all installments of Monthly Base Rent quarterly in advance throughout Landlord hereunder, if not paid when due, shall bear interest from the remainder due date (and disregarding the five (5) day period applicable to late charges) until paid at the lower of the Lease Termhighest rate permitted by law and two percent (2%) over the rate designated in the Wall Street Journal as the Prime Rate at the time such amounts first become due, adjusted monthly ("Interest Rate") and Tenant shall pay such interest to Landlord on written demand in addition to the late charge, which late charge (as contrasted with interest) will not be due unless Tenant is late in making such payment by more than five (5) days.

Late Payment. If Tenant fails to pay any installment of rent within five (5) days of Rent when due or if in the event Tenant fails to make any other payment for which Tenant is obligated under this Lease when due, such late amount shall accrue interest and Tenant shall pay Landlord as Additional Rent interest on such amount at an annual rate (“Default Rate”) equal to the lesser of: (a) the then prevailing prime rate of Bank of America NT & SA (“Prime Rate”) plus six (6) percentage points or (b) the maximum rate permitted by law from the date such amount became due until such amount is paid. If the format or components of the Prime Rate are materially changed, or if the Prime Rate ceases to exist, Landlord shall substitute a prime rate or alternative base rate of interest that is maintained by the Bank of America NT & SA or similar financial institution which Landlord determines in its reasonable business judgment. In addition to said interest, Tenant shall pay to Landlord concurrently with any installment of Rent, or other payment, not paid within five (5) days of when the date upon which it is due, such late amount will accrue interest at the Interest Rate and Tenant agrees to pay Landlord as additional rent such interest on such amount may demand same from the date such amount becomes due until such amount is paid. In addition, Tenant agrees to pay to Landlord concurrently with such late payment amountTenant, as additional rentAdditional Rent, a late charge equal to five eight percent (58%) of the late amount due to compensate Landlord for the extra costs Landlord will incur incurred as a result of such late payment. The parties agree ; provided that (i) it would be impractical and extremely difficult to fix the actual damage Landlord will suffer in the event of Tenant's late payment, (ii) no such interest and late charge represents a fair and reasonable estimate shall be due with respect to the first delinquent payment in any twelve (12) month period provided that such payment is made within ten (10) days after delivery of the detriment written notice from Landlord that Landlord will suffer by reason of late payment by Tenantsuch amount is due. THE PARTIES AGREE THAT ANY SUCH LATE PAYMENT MAY CAUSE LANDLORD TO INCUR ADMINISTRATIVE COSTS AND OTHER DAMAGE, and (iii) the payment of interest and late charges are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord's money by TenantTHE EXACT AMOUNT OF WHICH WOULD BE IMPRACTICABLE OR EXTREMELY DIFFICULT TO ASCERTAIN, while the payment of late charges is to compensate Landlord for Landlord's processing, administrative and other costs incurred by Landlord as a result of Tenant's delinquent paymentsAND THAT SUCH INTEREST AND LATE CHARGE REPRESENT A FAIR AND REASONABLE ESTIMATE OF THE DETRIMENT THAT LANDLORD WILL SUFFER BY REASON OF LATE PAYMENT BY TENANT. Acceptance of any such interest and late charge will shall not constitute a waiver of the Tenant's default any Tenant Default with respect to the overdue amount, or prevent Landlord from exercising any of the other rights and remedies available to Landlord. If Tenant incurs a late charge more than three (3) times in any period of twelve (12) months during the Lease Term, then, notwithstanding that Tenant cures the late payments for which such late charges are imposed, Landlord will have the right to require Tenant thereafter to pay all installments of Monthly Base Rent quarterly in advance throughout the remainder of the Lease Termhereunder or at law.

Late Payment. If All monetary amounts to be paid by Tenant to Landlord pursuant to this Lease other than Base Rent shall constitute additional rent, shall be paid in the manner provided in this Lease without offset, abatement or counterclaim, and shall sometimes be collectively referred to as “Additional Rent”. Base Rent, Additional Rent and Supplemental Rent are collectively referred to herein as “Rent”. Tenant has provided to Landlord the Guaranty from Guarantor in support of its obligations to pay Rent as and when due under this Lease. Tenant acknowledges that the late payment by Tenant to Landlord of any sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impracticable to fix. Such costs include, without limitation, processing and accounting charges, and late charges that may be imposed on Landlord by the terms of any encumbrance or note secured by all or any portion of Landlord’s interest in the Project. Therefore, if Tenant fails to pay any installment of rent Rent within five ten (510) days of when the due or if Tenant fails to make any other payment for which Tenant is obligated date under this Lease within five (5) days of when due, such late amount will accrue interest at the Interest Rate and Tenant agrees to pay Landlord as additional rent such interest on such amount from the date such amount becomes due until such amount is paid. In additionfor any reason, Tenant agrees to shall pay to Landlord concurrently with such late payment amountLandlord, as additional rentAdditional Rent, a late charge equal to the sum of five percent (55.0%) of the overdue amount due to compensate Landlord for the extra costs Landlord will incur as a result late charge. All past-due installments of such late paymentRent shall also bear interest, as Additional Rent, at the “Interest Rate” (as hereinafter defined), from fifteen (15) days after the date due until paid. The parties agree that For purposes of this Lease, the “Interest Rate” shall mean the lesser of (i) it would be impractical and extremely difficult to fix the actual damage maximum rate permitted by applicable law governing interest rate restrictions, or (ii) six percent (6.0%) per annum plus the then prevailing per annum “prime rate” as most recently published in the Wall Street Journal (or the then “prime” rate as established by a comparable alternate source reasonably designated by Landlord will suffer in the event the Wall Street Journal ceases to publish a prevailing “prime” rate). Xxxxxxxx’s acceptance of Tenant's late payment, (ii) such interest and any late charge represents a fair and reasonable estimate of the detriment that Landlord will suffer by reason of late payment by Tenant, and (iii) the payment of or interest and late charges are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord's processing, administrative and other costs incurred by Landlord as a result of Tenant's delinquent payments. Acceptance of any such interest and late charge will shall not constitute a waiver of the Tenant's ’s default with respect to the overdue amount, amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord. If Tenant incurs a late charge more than three (3) times Landlord under this Lease, at law or in any period of twelve (12) months during the Lease Term, then, notwithstanding that Tenant cures the late payments for which such late charges are imposed, Landlord will have the right to require Tenant thereafter to pay all installments of Monthly Base Rent quarterly in advance throughout the remainder of the Lease Termequity.

Late Payment. If Tenant fails to pay any installment of rent within five thirty (530) days of when due or if Tenant fails to make any other payment for which Tenant is obligated under this Lease within five thirty (530) days of when due, such late amount will accrue interest at the Interest Rate and Tenant agrees to pay Landlord as additional rent such interest on such amount from the date such amount becomes due until such amount is paid. In addition, if Tenant fails to pay any installment of rent within ten (10) days of when due, Tenant agrees to pay to Landlord concurrently with such late payment amount, as additional rent, a late charge equal to five percent (5%) of the amount due to compensate Landlord for the extra costs Landlord will incur as a result of such late payment; provided, however, Landlord hereby agrees to waive the late charge payable by Tenant with respect to the first two (2) late payments made by Tenant during the Term of this Lease and any extension thereof, provided that such late payment is received by Landlord within twenty (20) days after such payment becomes due. The parties agree that (i) it would be impractical and extremely difficult to fix the actual damage Landlord will suffer in the event of Tenant's late payment, (ii) such interest and late charge represents a fair and reasonable estimate of the detriment that Landlord will suffer by reason of late payment by Tenant, and (iii) the payment of interest and late charges are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord's processing, administrative and other costs incurred by Landlord as a result of Tenant's delinquent payments. Acceptance of any such interest and late charge will not constitute a waiver of the Tenant's default with respect to the overdue amount, or prevent Landlord from exercising any of the other rights and remedies available to Landlord. If Tenant incurs a late charge more than three (3) times in any period of twelve (12) months during the Lease Term, then, notwithstanding that Tenant cures the late payments for which such late charges are imposed, Landlord will have the right to require Tenant thereafter to pay all installments of Monthly Base Rent quarterly in advance throughout the remainder of the Lease Term.

Late Payment. If any payment of Rent is not received by Landlord within five (5) days after the same is due, Tenant shall pay to Landlord a late payment charge equal to three percent (3%) of the amount of such delinquent payment of Rent in addition to the installment of Rent then owing, regardless of whether or not a notice of default has been given by Landlord. In addition, Tenant shall pay interest on such late payment and late charge from the due date of the late payment at an interest rate equal to twelve percent (12%), but in no event higher than the maximum rate permitted by applicable law (hereafter the “Default Rate”), until such amounts are paid; provided, however, Tenant shall not be required to pay interest on a late payment the first time in any twelve (12) consecutive month period that Tenant fails to pay any an installment of rent Rent when due so long as Tenant pays such past due Rent within five (5) days of when due or if the date notice is sent to Tenant fails to make any other payment for which Tenant that such Rent is obligated under this Lease within five (5) days of when past due, such late amount will accrue interest at the Interest Rate . Landlord and Tenant agrees to pay Landlord as additional rent such interest on such amount from recognize that the date such amount becomes due until such amount is paid. In addition, Tenant agrees to pay to Landlord concurrently with such late payment amount, as additional rent, a late charge equal to five percent (5%) of the amount due to compensate Landlord for the extra costs damages which Landlord will incur suffer as a result of such late payment. The parties Tenant’s failure to timely pay Rent are difficult or impracticable to ascertain, and agree that (i) it would be impractical said interest and extremely difficult to fix late charge are a reasonable approximation of the actual damage damages which Landlord will suffer in the event of Tenant's ’s late payment, (ii) such interest and late charge represents a fair and reasonable estimate of the detriment that Landlord will suffer by reason of late payment by Tenant, and (iii) the . This provision shall not relieve Tenant from payment of interest Rent at the time and late charges are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord's processing, administrative and other costs incurred manner herein specified. Acceptance by Landlord as a result of Tenant's delinquent payments. Acceptance of any such interest and late charge will shall not constitute a waiver of the Tenant's ’s default with respect to the said overdue amount, or nor shall it prevent Landlord from exercising any of the other rights and or remedies available to Landlord. If Tenant incurs a late charge more than three (3) times in any period of twelve (12) months during the Lease Term, then, notwithstanding that Tenant cures the late payments for which such late charges are imposed, Landlord will have the right to require Tenant thereafter to pay all installments of Monthly Base Rent quarterly in advance throughout the remainder of the Lease Term.

Late Payment. If Tenant fails to pay any installment of rent within five (5) days of when due Monthly Base Rent or if Tenant fails to make any other payment for which due hereunder from Tenant is obligated under this Lease within five to Landlord remains unpaid ten (510) days of when after said payment is due, the amount of such late amount will accrue interest at the Interest Rate and Tenant agrees to pay Landlord as additional unpaid rent such interest on such amount from the date such amount becomes due until such amount is paid. In addition, Tenant agrees to pay to Landlord concurrently with such late or other payment amount, as additional rent, shall be increased by a late charge to be paid to Landlord by Tenant in an amount equal to five percent (5%) percent of the amount due of the delinquent rent or other payment after written notice is sent. The amount of the late charge to compensate be paid for such month shall be computed on the aggregate amount of delinquent rent and other payment then outstanding for such month. Landlord for and Tenant agree that such late charge shall not be deemed to be a penalty, it being understood between the extra costs pat1ies that late payments by Tenant shall result in additional administrative expense to Landlord will incur which is difficult and impractical to ascertain and that such late charge is a reasonable estimate of the loss and expense to be suffered by Landlord as a result of such late paymentpayment by Tenant. The parties agree that If rent or any other sums due Landlord by Tenant hereunder shall not be paid with thirty (i30) it would be impractical days of its due date, then in such case in addition to the late charge provided for hereinabove, and extremely difficult after written notice from Landlord to fix Tenant, such rent or other sum shall bear interest beginning on the thirty-first (31st) day after its due date at the rate of eighteen (18%) percent per annum (or, if less, the highest rate allowed by law). If rent or any other sums due Landlord by Tenant hereunder is collected by or through an attorney at law, Tenant agrees to pay Landlord's actual damage Landlord will suffer and reasonable attorneys' fx.xx incurred with respect thereto. Nothing herein shall relieve Tenant of the obligation to pay rent or any other payment on or before the date on which any such payment is due, nor in any way limit Landlord's remedies under this Lease or at law in the event of Tenant's late payment, (ii) such interest and late charge represents a fair and reasonable estimate of the detriment that Landlord will suffer by reason of late said rent or other payment by Tenant, and (iii) the payment of interest and late charges are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord's money by Tenant, while the payment of late charges unpaid after it is to compensate Landlord for Landlord's processing, administrative and other costs incurred by Landlord as a result of Tenant's delinquent paymentsdue. Acceptance of any such interest and late charge will not constitute a waiver of the Tenant's default with respect to the overdue amount, or prevent Landlord from exercising any of the other rights and remedies available to Landlord. If Tenant incurs a late charge more than three (3) times in any period of twelve (12) months during the Lease Term, then, notwithstanding that Tenant cures the late payments for which such late charges are imposed, Landlord will have the right to require Tenant thereafter to pay all installments of Monthly Base Rent quarterly in advance throughout the remainder of the Lease Term.e.

Late Payment. If Tenant fails to pay any installment of rent within five (5) days of when due or if Tenant fails to make any other payment for which Tenant is obligated under this Lease within five (5) days of when due, such late amount will accrue interest at the Interest Rate and Tenant agrees to pay Landlord as additional rent such interest on such amount from the date such amount becomes due until such amount is paid. In addition, Tenant agrees to pay to Landlord concurrently with such late payment amount, as additional rent, a late charge equal to five ten percent (510%) of the amount due to compensate Landlord for the extra costs Landlord will incur as a result of such late payment. The parties agree that (i) it would be impractical and extremely difficult to fix the actual damage Landlord will suffer in the event of Tenant's late payment, (ii) such interest and late charge represents a fair and reasonable estimate of the detriment that Landlord will suffer by reason of late payment by Tenant, and (iii) the payment of interest and late charges are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord's processing, administrative and other costs incurred by Landlord as a result of Tenant's delinquent payments. Acceptance of any such interest and late charge will not constitute a waiver of the Tenant's default with respect to the overdue amount, or prevent Landlord from exercising any of the other rights and remedies available to Landlord. If Tenant incurs a late charge more than three (3) times in any period of twelve (12) months during the Lease Term, then, notwithstanding that Tenant cures the late payments for which such late charges are imposed, Landlord will have the right to require Tenant thereafter to pay all installments of Monthly Base Rent quarterly in advance throughout the remainder of the Lease Term.

Late Payment. If Tenant fails to pay any installment of rent within five (5) days of when due or if Tenant fails to make any other payment for which due hereunder from Tenant is obligated under this Lease within five to Landlord remains unpaid ten (510) days of when after said payment is due, the amount of such late amount will accrue interest at the Interest Rate and Tenant agrees to pay Landlord as additional unpaid rent such interest on such amount from the date such amount becomes due until such amount is paid. In addition, Tenant agrees to pay to Landlord concurrently with such late or other payment amount, as additional rent, shall be increased by a late charge to be paid to Landlord by Tenant in an amount equal to five percent (5%) of the amount due of the delinquent rent or other payment. The amount of the late charge to compensate be paid for such month shall be computed on the aggregate amount of delinquent rent and other payment then outstanding for such month. Landlord for and Tenant agree that such late charge shall not be deemed to be a penalty, it being understood between the extra costs parties that late payments by Tenant shall result in additional administrative expense to Landlord will incur which is difficult and impractical to ascertain and that such late charge is a reasonable estimate of the loss and expense to be suffered by Landlord as a result of such late paymentpayment by Tenant. The parties agree that If rent or any other sums due Landlord by Tenant hereunder shall not be paid within thirty (i30) it would be impractical days of its due date, then in such case in addition to the late charge provided for herein above, such rent or other sum shall bear interest beginning on the thirty-first (31st) day after its due date at the rate of eighteen percent (18%) per annum (or, if less, the highest rate allowed by law). If rent or any other sums due Landlord by Tenant hereunder is collected by or through an attorney at law, Tenant agrees to pay Landlord's actual and extremely difficult reasonable attorneys' fees incurred with respect thereto not in excess of fifteen percent (15%) of the total sums due, or if the laws of the State of North Carolina in effect at the time of such collection limit the amount so payable as attorneys' fees, then the maximum percentage not in excess of fifteen percent (15%) allowed by such laws, of the amount so collected. Nothing herein shall relieve Tenant of the obligation to fix pay rent or any other payment on or before the actual damage Landlord will suffer date on which any such payment is due, nor in any way limit Landlord's remedies under this Lease or at law in the event of Tenant's late payment, said rent or other payment is unpaid after it is due. Amounts due hereunder shall be deemed to be additional rent and the failure to pay the same within ten (ii10) such interest and late charge represents a fair and reasonable estimate of the detriment that Landlord will suffer by reason of late payment by Tenant, and (iii) the payment of interest and late charges days after they are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord's processing, administrative and other costs incurred by Landlord as a result of Tenant's delinquent payments. Acceptance of any such interest and late charge will not due shall constitute a waiver default of the Tenant's default with respect to the overdue amount, or prevent Landlord from exercising any of the other rights and remedies available to Landlord. If Tenant incurs a late charge more than three (3) times in any period of twelve (12) months during the Lease Term, then, notwithstanding that Tenant cures the late payments for which such late charges are imposed, Landlord will have the right to require Tenant thereafter to pay all installments of Monthly Base Rent quarterly in advance throughout the remainder of the Lease Termthis Lease.

Late Payment. If Tenant fails to pay any installment of rent within five seven (57) days of when due or if Tenant fails to make any other payment for which Tenant is obligated under this Lease within five seven (57) days of when due, such late amount will accrue interest at the Interest Rate and Tenant agrees to pay Landlord as additional rent such interest on such amount from the date such amount becomes due until such amount is paid. In addition, Tenant agrees to pay to Landlord concurrently with such late payment amount, as additional rent, a late charge equal to five three percent (53%) of the amount due to compensate Landlord for the extra costs Landlord will incur as a result of such late payment. Notwithstanding the foregoing, Landlord hereby agrees to waive the late charge applicable to the first instance in which Tenant fails to timely pay any installment of rent or other payment for which Tenant is obligated under this Lease during any twelve (12) month period. The parties agree that (i) it would be impractical and extremely difficult to fix the actual damage Landlord will suffer in the event of Tenant's late payment, (ii) such interest and late charge represents a fair and reasonable estimate of the detriment that Landlord will suffer by reason of late payment by Tenant, and (iii) the payment of interest and late charges are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord's processing, administrative and other costs incurred by Landlord as a result of Tenant's delinquent payments. Acceptance of any such interest and late charge will not constitute a waiver of the Tenant's default with respect to the overdue amount, or prevent Landlord from exercising any of the other rights and remedies available to Landlord. If Tenant incurs a late charge more than three (3) times in any period of twelve (12) months during the Lease Term, then, notwithstanding that Tenant cures the late payments for which such late charges are imposed, Landlord will have the right to require Tenant thereafter to pay all installments of Monthly Base Rent quarterly in advance throughout the remainder of the Lease Term.

Late Payment. If Tenant fails to pay any installment of rent within five (5) days of when due after it is due, or if Tenant fails to make any other payment for which Tenant is obligated under this Lease within five (5) days of when due, such late amount will accrue interest at the Interest Rate and Tenant agrees to pay Landlord as additional rent such interest on such amount from the date such amount becomes due until such amount is paid. In addition, Tenant agrees to pay to Landlord concurrently with such late payment amount, as additional rent, a late charge equal to five percent (5%) of the amount due to compensate Landlord for the extra costs Landlord will incur as a result of such late payment. The parties agree that (i) it would be impractical and extremely difficult to fix the actual damage Landlord will suffer in the event of Tenant's late payment, (ii) such interest and late charge represents a fair and reasonable estimate of the detriment that Landlord will suffer by reason of late payment by Tenant, and (iii) the payment of interest and late charges are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord's processing, administrative and other costs incurred by Landlord as a result of Tenant's delinquent payments. Acceptance of any such interest and late charge will not constitute a waiver of the Tenant's default with respect to the overdue amount, or prevent Landlord from exercising any of the other rights and remedies available to Landlord. If Tenant incurs a late charge more than three (3) times in any period of twelve (12) months during the Lease Term, then, notwithstanding that Tenant cures the late payments for which such late charges are imposed, Landlord will have the right to require Tenant thereafter to pay all installments of Monthly Base Rent quarterly in advance throughout the remainder of the Lease Term.

Late Payment. If Tenant fails to pay any installment of rent within five fifteen (515) days of when due or if Tenant fails to make any other payment for which Tenant is obligated under this Lease within five fifteen (515) days of when due, such late amount will accrue interest at the Interest Rate and Tenant agrees to pay Landlord as additional rent such interest on such amount from the date such amount becomes due until such amount is paid. In addition, if Tenant fails to pay any installment of rent within fifteen (15) days of when due or if Tenant fails to make any other payment for which Tenant is obligated under this Lease within fifteen (15) days of when due, Tenant agrees to pay to Landlord concurrently with such late payment amount, as additional rent, a late charge equal to five three percent (53%) of the amount due to compensate Landlord for the extra costs Landlord will incur as a result of such late payment. The parties agree that (i) it would be impractical and extremely difficult to fix the actual damage Landlord will suffer in the event of Tenant's late payment, (ii) such interest and late charge represents a fair and reasonable estimate of the detriment that Landlord will suffer by reason of late payment by Tenant, and (iii) the payment of interest and late charges are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord's processing, administrative and other costs incurred by Landlord as a result of Tenant's delinquent payments. Acceptance of any such interest and late charge will not constitute a waiver of the Tenant's default with respect to the overdue amount, or prevent Landlord from exercising any of the other rights and remedies available to Landlord. If Tenant incurs a late charge more than three (3) times in any period of twelve (12) months during the Lease Term, then, notwithstanding that Tenant cures the late payments for which such late charges are imposed, Landlord will have the right to require Tenant thereafter to pay all installments of Monthly Base Rent quarterly in advance throughout the remainder of the Lease Term. Notwithstanding anything to the contrary in this Subparagraph (f), with respect to the first delinquent installment of Monthly Base Rent in each Lease Year, no interest shall accrue and no late charges shall be payable provided that Tenant pays to Landlord such delinquent installments of Monthly Base Rent within five (5) days after Landlord's delivery of written notice that such installment is past due. Any interest or late charges provided for hereunder shall be deemed to have been waived by Landlord unless an invoice therefor is presented by Landlord to Tenant within one hundred eighty (180) days after such charge first accrues.

Late Payment. If Tenant fails to pay any installment of rent within five seven (57) days of when due or if Tenant fails to make any other payment for which Tenant is obligated under this Lease within five seven (57) days of when due, such late amount will accrue interest at the Interest Rate and Tenant agrees to pay Landlord as additional rent such interest on such amount from the date such amount becomes due until such amount is paid. In addition, Tenant agrees to pay to Landlord concurrently with such late payment amount, as additional rent, a late charge equal to five percent (5%) of the amount due to compensate Landlord for the extra costs Landlord will incur as a result of such late payment. The parties agree that (i) it would be impractical and extremely difficult to fix the actual damage Landlord will suffer in the event of Tenant's late payment, (ii) such interest and late charge represents a fair and reasonable estimate of the detriment that Landlord will suffer by reason of late payment by Tenant, and (iii) the payment of interest and late charges are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord's processing, administrative and other costs incurred by Landlord as a result of Tenant's delinquent payments. Acceptance of any such interest and late charge will not constitute a waiver of the Tenant's default with respect to the overdue amount, or prevent Landlord from exercising any of the other rights and remedies available to Landlord. If Tenant incurs a late charge more than three (3) times in any period of twelve (12) months during the Lease Term, then, notwithstanding that Tenant cures the late payments for which such late charges are imposed, Landlord will have the right to require Tenant thereafter to pay all installments of Monthly Base Rent quarterly in advance throughout the remainder of the Lease Term.

Late Payment. If Tenant fails to pay any installment of rent within five (5) days of when due or if Tenant fails to make any other payment for which Tenant is obligated under this Lease within five (5) days of when due, such late amount will accrue interest at the Interest Rate and Tenant agrees to pay Landlord as additional rent such interest on such amount from the date of such amount becomes due until such amount is paid. In addition, Tenant agrees to pay to Landlord concurrently with such late payment amount, as additional rent, a late charge equal to five percent (5%) of the amount due to compensate Landlord for the extra costs Landlord will incur as a result of such late payment. The parties agree that (i) it would be impractical and extremely difficult to fix the actual damage Landlord will suffer in the event of Tenant's late payment, (ii) such interest and late charge represents a fair and reasonable estimate of the detriment that Landlord will suffer by reason of late payment by Tenant, and (iii) the payment of interest and late charges are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord's processing, administrative and other costs incurred by Landlord as a result of Tenant's delinquent payments. Acceptance of any such interest and late charge will not constitute a waiver of the Tenant's default with respect to the overdue amount, or prevent Landlord from exercising any of the other rights and remedies available to Landlord. If Tenant incurs a late charge more than three (3) times in any period of twelve (12) months during the Lease TermLease, then, notwithstanding that Tenant cures the late payments for which such late charges are imposed, Landlord will have the right to require Tenant thereafter to pay all installments of Monthly Base Rent quarterly in advance throughout the remainder of the Lease Term.. g)

Late Payment. If Tenant fails to pay any installment of rent within five (5) days of when due Monthly Base Rent or if Tenant fails to make any other payment for which due hereunder from Tenant is obligated under this Lease within five to Landlord remains unpaid ten (510) days of when after said payment is due, the amount of such late amount will accrue interest at the Interest Rate and Tenant agrees to pay Landlord as additional unpaid rent such interest on such amount from the date such amount becomes due until such amount is paid. In addition, Tenant agrees to pay to Landlord concurrently with such late or other payment amount, as additional rent, shall be increased by a late charge to be paid to Landlord by Tenant in an amount equal to five percent (5%) percent of the amount due of the delinquent rent or other payment after written notice is sent. The amount of the late charge to compensate be paid for such month shall be computed on the aggregate amount of delinquent rent and other payment then outstanding for such month. Landlord for and Tenant agree that such late charge shall not be deemed to be a penalty, it being understood between the extra costs parties that late payments by Tenant shall result in additional administrative expense to Landlord will incur which is difficult and impractical to ascertain and that such late charge is a reasonable estimate of the loss and expense to be suffered by Landlord as a result of such late paymentpayment by Tenant. The parties agree that If rent or any other sums due Landlord by Tenant hereunder shall not be paid with thirty (i30) it would be impractical days of its due date, then in such case in addition to the late charge provided for hereinabove, and extremely difficult after written notice from Landlord to fix Tenant, such rent or other sum shall bear interest beginning on the thirty-first (31st) day after its due date at the rate of eighteen (18%) percent per annum (or, if less, the highest rate allowed by law). If rent or any other sums due Landlord by Tenant hereunder is collected by or through an attorney at law, Tenant agrees to pay Landlord’s actual damage Landlord will suffer and reasonable attorneys’ fees incurred with respect thereto. Nothing herein shall relieve Tenant of the obligation to pay rent or any other payment on or before the date on which any such payment is due, nor in any way limit Landlord’s remedies under this Lease or at law in the event of Tenant's late payment, (ii) such interest and late charge represents a fair and reasonable estimate of the detriment that Landlord will suffer by reason of late said rent or other payment by Tenant, and (iii) the payment of interest and late charges are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord's money by Tenant, while the payment of late charges unpaid after it is to compensate Landlord for Landlord's processing, administrative and other costs incurred by Landlord as a result of Tenant's delinquent payments. Acceptance of any such interest and late charge will not constitute a waiver of the Tenant's default with respect to the overdue amount, or prevent Landlord from exercising any of the other rights and remedies available to Landlord. If Tenant incurs a late charge more than three (3) times in any period of twelve (12) months during the Lease Term, then, notwithstanding that Tenant cures the late payments for which such late charges are imposed, Landlord will have the right to require Tenant thereafter to pay all installments of Monthly Base Rent quarterly in advance throughout the remainder of the Lease Termdue.

Late Payment. If Tenant fails Subtenant shall fail to pay any Rent so that it is received within five (5) days (or ten (10) days in the case of Sublease Expenses only) of the date when payment is due, such unpaid amount shall bear interest from the due date to the date of payment at the lower of the following rates: (i) the Agreed Rate and (ii) the maximum rate allowed by applicable usury law. Subtenant acknowledges that late payment of Rent will cause Sublandlord to incur costs not contemplated by this Sublease, the exact amounts of which are extremely difficult and impracticable to fix. Such costs include, without limitation, processing and accounting charges, and late charges which may be imposed on Sublandlord by the terms of the Master Lease. Therefore, if any installment or other payment of rent Rent due from Subtenant is not received by Sublandlord within five (5) days of the date when due or if Tenant fails to make any other payment for which Tenant is obligated under this Lease within five (5) days of when due, such late amount will accrue interest at the Interest Rate and Tenant agrees to pay Landlord as additional rent such interest on such amount from the date such amount becomes due until such amount is paid. In addition, Tenant agrees to Subtenant shall pay to Landlord concurrently with such late payment amount, as Sublandlord an additional rent, a late charge equal to five sum of six percent (56%) of the amount due to compensate Landlord for of the extra costs Landlord will incur as a result of such late paymentinstallment. The parties agree that (i) it would be impractical and extremely difficult to fix the actual damage Landlord will suffer in the event of Tenant's late payment, (ii) such interest and this late charge represents a fair and reasonable estimate of the detriment costs that Landlord Sublandlord will suffer incur by reason of late payment by Tenant, Subtenant. Late charges are due and (iii) payable on the day incurred and interest shall accrue on such late charges as described above until payment of interest and the late charges are distinct and separate in that the payment of interest charge is to compensate Landlord for the use of Landlord's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord's processing, administrative and other costs incurred by Landlord as a result of Tenant's delinquent paymentsmade. Acceptance of any such interest and or late charge will shall not constitute a waiver of the Tenant's Subtenant’s default with respect to the overdue amount, or prevent Landlord Sublandlord from exercising any of the other rights and remedies available to LandlordSublandlord. If Tenant incurs Subtenant shall further pay to Sublandlord the sum of Five Hundred Dollars ($500) for any check from Subtenant to Sublandlord which is returned or not honored by the bank on which it is drawn, which sum the parties agree is a late charge more than three (3) times in any period of twelve (12) months during the Lease Term, then, notwithstanding that Tenant cures the late payments for which such late charges are imposed, Landlord will have the right to require Tenant thereafter to pay all installments of Monthly Base Rent quarterly in advance throughout the remainder fair and reasonable estimate of the Lease Termcost to Sublandlord of handling such returned or dishonored check and the acceptance of which shall not constitute a waiver of Subtenant’s default with respect to the returned or dishonored payment, or prevent Sublandlord from exercising any of the other rights and remedies available to Sublandlord.

Late Payment. If Tenant fails to pay any installment of rent within five business (5) days of when due or if Tenant fails to make any other payment for which Tenant is obligated under this Lease within five business (5) days of when due, such late amount will accrue interest at the Interest Rate and Tenant agrees to pay Landlord as additional rent such interest on such amount from the date such amount becomes due until such amount is paid. In addition, Tenant agrees to pay to Landlord concurrently with such late payment amount, as additional rent, a late charge equal to five percent (5%) of the amount due to compensate Landlord for the extra costs Landlord will incur as a result of such late payment. The parties agree that (i) it would be impractical and extremely difficult to fix the actual damage Landlord will suffer in the event of Tenant's late payment, (ii) such interest and late charge represents a fair and reasonable estimate of the detriment that Landlord will suffer by reason of late payment by Tenant, and (iii) the payment of interest and late charges are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord's processing, administrative and other costs incurred by Landlord as a result of Tenant's delinquent payments. Acceptance of any such interest and late charge will not constitute a waiver of the Tenant's default with respect to the overdue amount, or prevent Landlord from exercising any of the other rights and remedies available to Landlord. If Tenant incurs a late charge more than three (3) times in any period of twelve (12) months during the Lease Term, then, notwithstanding that Tenant cures the late payments for which such late charges are imposed, Landlord will have the right to require Tenant thereafter to pay all installments of Monthly Base Rent quarterly in advance throughout the remainder of the Lease Term.

Late Payment. If Tenant fails to pay any installment of rent within five (5) days of when due or if Tenant fails to make any other payment for which Tenant is obligated under this Lease within five (5) days of when due, such late amount will accrue interest at the Interest Rate and Tenant agrees to pay Landlord as additional rent such interest on such amount from the date such amount becomes due of 10% per annum until such amount is paidpaid by Tenant to Landlord. In addition, Tenant agrees to pay to Landlord concurrently with such late payment amount, as additional rent, a late charge equal to five ten percent (510%) of the amount due or $500, whichever is less, to compensate Landlord for the extra costs Landlord will incur as a result of such late payment. The parties Landlord and Tenant agree that (i) it would be impractical and extremely difficult to fix the actual damage Landlord will suffer in the event of Tenant's late payment, (ii) such interest and late charge represents a fair and reasonable estimate of the detriment costs that Landlord will suffer incur by reason of any such late payment by Tenant, and (iii) the payment of interest and late charges are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord's processing, administrative and other costs incurred by Landlord as a result of Tenant's delinquent paymentspayment. Acceptance of any such interest and late charge will not constitute a waiver of the Tenant's ’s default with respect to the overdue amount, or prevent Landlord from exercising any of the other rights and remedies available to Landlord. If Tenant incurs a late charge more than three (3) times in any period of twelve (12) months during the Lease Term, then, notwithstanding that Tenant cures the late payments for which such late charges are imposed, Landlord will have the right to require Tenant thereafter 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. Any payments of any kind returned for insufficient funds will be subject to an additional handling charge of $25.00, and thereafter, Landlord may require Tenant to pay all future payments of rent or other sums due by money order or cashier’s check.

Late Payment. If Tenant fails to pay any installment of rent within five (5) days of when due or if Tenant fails to make any other payment for which Tenant is obligated under this Lease within five (5) days of when due, such late amount will accrue interest at the Interest Rate and Tenant agrees to pay Landlord as additional rent such interest on such amount from the date such amount becomes due until such amount is paid. In addition, Tenant agrees to pay to Landlord concurrently with such late payment amount, as additional rent, a late charge equal to five percent (5%) of the amount due to compensate Landlord for the extra costs Landlord will incur as a result of such late paymentpayment (provided that Landlord shall be entitled to such late charge for the first occurrence of such a delinquency in any twelve (12) month period only if Tenant fails to cure such delinquency within three (3) days after notice from Landlord thereof). The parties agree that (i) it would be impractical and extremely difficult to fix the actual damage Landlord will suffer in the event of Tenant's late payment, (ii) such interest and late charge represents a fair and reasonable estimate of the detriment that Landlord will suffer by reason of late payment by Tenant, and (iii) the payment of interest and late charges are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord's processing, administrative and other costs incurred by Landlord as a result of Tenant's delinquent payments. Acceptance of any such interest and late charge will not constitute a waiver of the Tenant's default with respect to the overdue amount, or prevent Landlord from exercising any of the other rights and remedies available to Landlord. If Tenant incurs a late charge more than three (3) times in any period of twelve (12) months during the Lease Term, then, notwithstanding that Tenant cures the late payments for which such late charges are imposed, Landlord will have the right to require Tenant thereafter to pay all installments of Monthly Base Rent quarterly in advance throughout the remainder of the Lease Term.

Late Payment. If Tenant fails to pay any installment of rent within five ten (510) days of when due or if Tenant fails to make any other payment for which Tenant is obligated under this Lease within five (5) days of when due, such late amount will accrue interest at the Interest Rate and Tenant agrees to pay Landlord as additional rent such interest on such amount from the date such amount becomes due until such amount is paid. In addition, Tenant agrees to pay to Landlord concurrently with such late payment amount, as additional rent, a late charge equal to five four percent (54%) of the amount due to compensate Landlord for the extra costs Landlord will incur as a result of such late payment. The parties Parties agree that (i) it would be impractical and extremely difficult to fix the actual damage Landlord will suffer in the event of Tenant's ’s late payment, (ii) such interest and late charge represents a fair and reasonable estimate of the detriment that Landlord will suffer by reason of late payment by Tenant, and (iii) the payment of interest and late charges are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord's ’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord's ’s processing, administrative and other costs incurred by Landlord as a result of Tenant's ’s delinquent payments. Acceptance of any such interest and late charge will not constitute a waiver of the Tenant's default ’s Default with respect to the overdue amount, or prevent Landlord from exercising any of the other rights and remedies available to Landlord. If Tenant incurs a late charge more than three Notwithstanding the foregoing, for the first two (32) times monetary delinquencies in any period calendar year, Tenant shall be entitled to receive written notice and 5-days from receipt of twelve (12) months during the Lease Term, then, notwithstanding that Tenant cures the late payments for which such notice to cure such monetary delinquency before Landlord may assess any interest or late charges are imposed, Landlord will have the right to require Tenant thereafter to pay all installments of Monthly Base Rent quarterly in advance throughout the remainder of the Lease Termunder this Lease.

Late Payment. If Tenant fails to pay any installment of rent within five (5) days of when due or if Tenant fails to make any other payment for which Tenant is obligated under this Lease within five (5) days of when due, such late amount will accrue interest at the Interest Rate and Tenant agrees to pay Landlord as additional rent such interest on such amount from the date such amount becomes due until such amount is paidpaid by Tenant to Landlord. In addition, Tenant agrees to pay to Landlord concurrently with such late payment amount, as additional rent, a late charge equal to five ten percent (510%) of the amount due to compensate Landlord for the extra costs Landlord will incur as a result of such late payment. The parties Landlord and Tenant agree that (i) it would be impractical and extremely difficult to fix the actual damage Landlord will suffer in the event of Tenant's late payment, (ii) such interest and late charge represents a fair and reasonable estimate of the detriment costs that Landlord will suffer incur by reason of any such late payment by Tenant, and (iii) the payment of interest and late charges are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord's processing, administrative and other costs incurred by Landlord as a result of Tenant's delinquent paymentspayment. Acceptance of any such interest and late charge will not constitute a waiver of the Tenant's default with respect to the overdue amount, or prevent Landlord from exercising any of the other rights and remedies available to Landlord. If Tenant incurs a late charge more than three (3) times in any period of twelve (12) months during the Lease Term, then, notwithstanding then,-notwithstanding that Tenant cures the late payments for which such late charges are imposed, Landlord will have the right to require Tenant thereafter 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. Any payments of any kind returned for insufficient funds will be subject to an additional handling charge of $40.00, and thereafter, Landlord may require Tenant to pay all future payments of rent or other sums due by money order or cashier's check.

Late Payment. If Tenant fails to pay any installment of rent within five three (53) business days of when after written notice from Landlord to Tenant that such payment is due or if Tenant fails to make any other payment for which Tenant is obligated under this Lease within five three (53) business days of when after written notice from Landlord to Tenant that such payment is due, such late amount will accrue interest at the Interest Rate and Tenant agrees to pay Landlord as additional rent such interest on such amount from the date such amount becomes due until such amount is paid. In addition, in the event such failure continues for more than ten (10) days after written notice from Landlord to Tenant that such payment is due, Tenant agrees to pay to Landlord concurrently with such late payment amount, as additional rent, a late charge equal to five ten percent (510%) of the amount due to compensate Landlord for the extra costs Landlord will incur as a result of such late payment. The parties agree that (i) it would be impractical and extremely difficult to fix the actual damage Landlord will suffer in the event of Tenant's ’s late payment, (ii) such interest and late charge represents a fair and reasonable estimate of the detriment that Landlord will suffer by reason of late payment by Tenant, and (iii) the payment of interest and late charges are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord's ’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord's ’s processing, administrative and other costs incurred by Landlord as a result of Tenant's ’s delinquent payments. Acceptance of any such interest and late charge will not constitute a waiver of the Tenant's tenant’s default with respect to the overdue amount, or prevent Landlord from exercising any of the other rights and remedies available to Landlord. If Tenant incurs a late charge more than three (3) times in any period of twelve (12) months during the Lease Term, then, notwithstanding that Tenant cures the late payments for which such late charges are imposed, Landlord will have the right to require required Tenant thereafter to pay all installments of Monthly Annual Base Rent quarterly in advance throughout the remainder of the Lease Term.

Late Payment. If Tenant fails to pay acknowledges that the late payment by Tenant of any monthly installment of rent Base Rent or Additional Monthly Rent will cause Landlord to incur costs and expenses, the exact amount of which is extremely difficult and impractical to fix. Such costs and expenses will include administration and collection costs and processing and accounting expenses. Therefore, if any monthly installment of Base Rent or Additional Monthly Rent is not received by Landlord within five (5) days of when due or if Tenant fails to make any other payment for which Tenant after such installment is obligated under this Lease within five (5) days of when due, such late amount will accrue interest at the Interest Rate and Tenant agrees to pay Landlord as additional rent such interest on such amount from the date such amount becomes due until such amount is paid. In addition, Tenant agrees to shall immediately pay to Landlord concurrently with such late payment amount, as additional rent, a late charge equal to five percent (5%) of the amount due to compensate such delinquent installment. Landlord for the extra costs Landlord will incur as a result of such late payment. The parties and Tenant agree that (i) it would be impractical and extremely difficult to fix the actual damage Landlord will suffer in the event of Tenant's late payment, (ii) such interest and late charge represents a fair and reasonable estimate of the detriment that Landlord will suffer by reason of late payment by Tenant, such costs and (iii) the payment of interest expenses and late charges are distinct and separate in that the payment of interest is fair reimbursement to compensate Landlord for the use of Landlord's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord's processing, administrative and other costs incurred by Landlord as a result of Tenant's delinquent payments. Acceptance of any In no event shall such interest and late charge will not constitute be deemed to grant to Tenant a waiver grace period or extension of the Tenant's default with respect time within which to the overdue amount, pay any sum otherwise due or prevent Landlord from exercising any of the other rights and remedies right or enforcing any remedy available to Landlord. If Tenant incurs a late charge more than three (3) times in any period Landlord upon Tenant's failure to pay each installment of twelve (12) months during the rent due under this Lease Termwhen due, then, notwithstanding that Tenant cures the late payments for which such late charges are imposed, Landlord will have including the right to require terminate this Lease and recover all damages from Tenant. All amounts of money payable by Tenant thereafter to pay all installments of Monthly Base Rent quarterly in advance throughout Landlord hereunder, if not paid when due, shall bear interest from the remainder due date (and disregarding the five (5) day period applicable to late charges) until paid at the lower of the Lease Termhighest rate permitted by law and two percent (2%) over the rate designated in the Wall Street Journal as the Prime Rate at the time such amounts first become due, adjusted monthly ("INTEREST RATE"), and Tenant shall pay such interest to Landlord on written demand in addition to the late charge, which late charge (as contrasted with interest) will not be due unless Tenant is late in making such payment by more than five (5) days.

Late Payment. If Tenant fails to pay any installment of rent within five (5) days of when due or if Tenant fails to make any other payment for which Tenant is obligated under this Lease within five (5) days of when due, such late amount will accrue interest at the Interest Rate and Tenant agrees to pay Landlord as additional rent such interest on such amount from the date such amount becomes due until such amount is paid. In addition, Tenant agrees to pay to Landlord concurrently with such late payment amount, as additional rent, a late charge equal to five percent (5%) of the amount due to compensate Landlord for the extra costs Landlord will incur as a result of such late payment. The parties agree that (i) it would be impractical and extremely difficult to fix the actual damage Landlord will suffer in the event of Tenant's late payment, (ii) such interest and late charge represents a fair and reasonable estimate of the detriment that Landlord will suffer by reason of late payment by Tenant, and (iii) the payment of interest and late charges are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord's processing, administrative and other costs incurred by Landlord as a result of Tenant's delinquent payments. Acceptance of any such interest and late charge will not constitute a waiver of the Tenant's default with respect to the overdue amount, or prevent Landlord from exercising any of the other rights and remedies available to Landlord. If Tenant incurs a late charge more than three (3) times in any period of twelve (12) months during the Lease Term, then, notwithstanding that Tenant cures the late payments for which such late charges are imposed, Landlord will have the right to require Tenant thereafter to pay all installments of Monthly Base Rent quarterly in advance throughout the remainder of the Lease Term. Notwithstanding anything to the contrary in this subparagraph (f), with respect to the first delinquent installment of Monthly Base Rent in each Lease Year, no interest shall accrue and no late charge shall be payable provided that Tenant pays to Landlord such delinquent installment of Monthly Base Rent within five (5) days after Landlord's delivery of written notice that such installment is past due.

Late Payment. If Tenant fails Subtenant shall fail to pay any Rent so that it is received within five (5) days (or ten (10) days in the case of Sublease Expenses only) of the date when payment is due, such unpaid amount shall bear interest from the due date to the date of payment at the lower of the following rates: (i) the Agreed Rate and (ii) the maximum rate allowed by applicable usury law. Subtenant acknowledges that late payment of Rent will cause Sublandlord to incur costs not contemplated by this Sublease, the exact amounts of which are extremely difficult and impracticable to fix. Such costs include, without limitation, processing and accounting charges, and late charges which may be imposed on Sublandlord by the terms of the Master Lease. Therefore, if any installment or other payment of rent Rent due from Subtenant is not received by Sublandlord within five (5) days of the date when due or if Tenant fails to make any other payment for which Tenant is obligated under this Lease within five (5) days of when due, such late amount will accrue interest at the Interest Rate and Tenant agrees to pay Landlord as additional rent such interest on such amount from the date such amount becomes due until such amount is paid. In addition, Tenant agrees to Subtenant shall pay to Landlord concurrently with such late payment amount, as Sublandlord an additional rent, a late charge equal to sum of five percent (5%) of the amount due to compensate Landlord for of the extra costs Landlord will incur as a result of such late paymentinstallment. The parties agree that (i) it would be impractical and extremely difficult to fix the actual damage Landlord will suffer in the event of Tenant's late payment, (ii) such interest and this late charge represents a fair and reasonable estimate of the detriment costs that Landlord Sublandlord will suffer incur by reason of late payment by Tenant, Subtenant. Late charges are due and (iii) payable on the day incurred and interest shall accrue on such late charges as described above until payment of interest and the late charges are distinct and separate in that the payment of interest charge is to compensate Landlord for the use of Landlord's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord's processing, administrative and other costs incurred by Landlord as a result of Tenant's delinquent paymentsmade. Acceptance of any such interest and or late charge will shall not constitute a waiver of the TenantSubtenant's default with respect to the overdue amount, or prevent Landlord Sublandlord from exercising any of the other rights and remedies available to LandlordSublandlord. If Tenant incurs Subtenant shall further pay to Sublandlord the sum of Five Hundred Dollars ($500) for any check from Subtenant to Sublandlord which is returned or not honored by the bank on which it is drawn, which sum the parties agree is a late charge more than three (3) times in any period of twelve (12) months during the Lease Term, then, notwithstanding that Tenant cures the late payments for which such late charges are imposed, Landlord will have the right to require Tenant thereafter to pay all installments of Monthly Base Rent quarterly in advance throughout the remainder fair and reasonable estimate of the Lease Termcost to Sublandlord of handling such returned or dishonored check and the acceptance of which shall not constitute a waiver of Subtenant's default with respect to the returned or dishonored payment, or prevent Sublandlord from exercising any of the other rights and remedies available to Sublandlord.

Late Payment. If In the event Tenant fails to pay any installment of rent within five (5) days of ------------ Rent when due or if in the event Tenant fails to make any other payment for which Tenant is obligated under this Lease within five (5) days of when due, such late amount will shall accrue interest at the Interest Rate and Tenant agrees to shall pay Landlord as additional rent Additional Rent such interest on such amount from the date such amount becomes became due until such amount is paid. In addition, in the event Tenant agrees fails to pay any installment of Rent or other payment for which it is obligated under this Lease within three (3) days after receipt of written notice thereof by Landlord to Tenant, then Tenant shall pay to Landlord concurrently with such late payment amount, as additional rentAdditional Rent, a late charge equal to five percent (5%) of the amount due to compensate Landlord for the extra costs Landlord will incur incurred as a result of such late payment; provided, however, if Tenant has been given two (2) or more written notices of late payment within the preceding twelve (12) month period, then Tenant shall no longer be entitled to receive written notice prior to assessment of the late charge. The parties agree that (i) it would be impractical and extremely difficult to fix the actual damage Landlord will suffer in the event of Tenant's late payment, (ii) such interest and late charge represents a fair and reasonable estimate of the detriment that Landlord will suffer by reason of late payment by Tenant, and (iii) the payment of interest and late charges are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord's processing, administrative and other costs incurred by Landlord as a result of Tenant's delinquent payments. Acceptance of any such interest and late charge will shall not constitute a waiver of the Tenant's default with respect to the overdue amount, or prevent Landlord from exercising any of the other rights and remedies available to Landlord. If Tenant incurs a late charge more than three (3) times in any period of twelve (12) months during the Lease Term, then, notwithstanding that Tenant cures the late payments for which such late charges are imposed, Initials: ________________________ ________________________ Landlord will have the right to require Tenant thereafter to pay all installments of Monthly Base Rent quarterly in advance throughout the remainder of the Lease Term.Tenant