Common use of Payment of Rental Clause in Contracts

Payment of Rental. Tenant shall pay all Rental when due and payable, without any offset, counterclaim, deduction or prior demand therefor whatsoever, except as expressly provided for in this Lease. All Rental and other sums due hereunder shall be paid in U.S. currency. If Tenant shall fail to pay any Rental on or before the later of (i) the date such payment is due or (ii) five (5) days after Landlord has provided Tenant with written notice of its failure to timely pay rent (provided that Landlord shall not be obligated to provide more than two (2) such notices in any calendar year), then Tenant shall be obligated to pay a late payment charge (a “Late Fee”) equal to the greater of (i) $1,000 or (ii) five percent (5%) of such Rental payment that is past due. In addition, any Rental which is not paid by the date that is ten (10) days after the date such payment is due shall bear interest at the Default Rate from the first day due until paid. Any Additional Rental which shall become due shall be payable, unless otherwise expressly provided herein, shall be paid with the next monthly installment of Annual Basic Rental. Rental and statements required of Tenant shall be paid and delivered to Landlord at its notice address set out in Section 17.1 or at such other place as Landlord may, from time to time, designate in a notice to Tenant. No such change of the place of payment of Rental shall be effective until thirty (30) days from the date of notice thereof to Tenant. Any payment by Tenant or acceptance by Landlord of a check for a lesser amount than shall be due from Tenant to Landlord shall be treated as a payment on account. The acceptance by Landlord of a check or other form of payment for an amount less than the amount then due and payable, even if accompanied by a statement from Tenant that the lesser amount is the entire amount due, and acceptance of such lesser amount shall not constitute Landlord’s acceptance and agreement that such lesser amount is payment in full, shall not be deemed a waiver of Landlord’s rights to collect the amounts not tendered and any such Tenant statements shall be given no effect, and Landlord may accept such payment without prejudice to any other rights or remedies which Landlord may have against Tenant.

Appears in 1 contract

Samples: Lease Agreement (Big Dog Holdings Inc)

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Payment of Rental. Tenant shall pay all Rental when due and payable, without any offset, counterclaim, deduction or prior demand therefor whatsoever, except as expressly provided for in this Lease. All Rental and other sums due hereunder shall be paid in U.S. currency. If Tenant shall fail to pay any Rental on or before the later of (i) the date such payment is due or (ii) five (5) days after Landlord has provided Tenant with written notice of its failure to timely pay rent (provided that Landlord shall not be obligated to provide more than two (2) such notices in any calendar year)due, then Tenant shall be obligated to pay a late payment charge (a “Late Fee”) equal to the greater of (i) $1,000 500 or (ii) five four percent (54%) of such Rental payment that is past due. In addition, any Rental which is not paid by the date that is ten (10) days after on or before the date such payment is due shall bear interest at the Default Rate from the first day due until paid. Notwithstanding the foregoing, Tenant shall not be required to pay any Late Fee or interest the first time in any twelve month period that Rental is paid late, provided that such Rental is paid within ten (10) days of written notice from Landlord of such deficiency. Any Additional Rental which shall become due shall be payable, unless otherwise expressly provided herein, shall be paid with the next monthly installment of Annual Basic Rental. Rental and statements required of Tenant shall be paid and delivered to Landlord at its notice address set out in Section 17.1 or at such other place as Landlord may, from time to time, designate in a notice to Tenant. No such change of the place of payment of Rental shall be effective until thirty (30) days from the date of notice thereof to Tenant. Any payment by Tenant or acceptance by Landlord of a check for a lesser amount than shall be due from Tenant to Landlord shall be treated as a payment on account. The acceptance by Landlord of a check or other form of payment for an amount less than the amount then due and payable, even if accompanied by a statement from Tenant that the lesser amount is the entire amount due, and acceptance of such lesser amount shall not constitute Landlord’s acceptance and agreement that such lesser amount is payment in full, shall not be deemed a waiver of Landlord’s rights to collect the amounts not tendered and any such Tenant statements shall be given no effect, and Landlord may accept such payment without prejudice to any other rights or remedies which Landlord may have against Tenant.

Appears in 1 contract

Samples: Lease Agreement (Argos Therapeutics Inc)

Payment of Rental. Tenant LESSEE shall pay all Rental when due the minimum guaranteed rental as specified on the face of this Agreement and payable, without the full rental rates during any offset, counterclaim, deduction or prior demand therefor whatsoever, except as expressly provided for extension thereto. The rent payable shall be at the rate specified in this LeaseAgreement undiminished by any offset or credit on account of XXXXXX’s sooner surrender of the Equipment or the reasonable rental value thereof, whether or not thereafter LESSOR shall itself use said Equipment or shall rent any comparable Equipment it may have to others, or on account of any payment by LESSEE of additional rental for overtime use pursuant to the overtime and shift provisions on the face of this Agreement, or of any other charges, costs or damages hereunder; provided, however, that the rental payments, if any, actually received by XXXXXX under a new lease for any part of the minimum term shall be credited to XXXXXX, subject to repossession, reconditioning, re-leasing costs and all other charges and claims of LESSOR against XXXXXX. All Rental LESSEE shall be responsible for and pay: i) all taxes, levies, fees, and other sums public charges against or upon any of the Equipment, including without limitation personal property taxes; ii) all fines, penalties, forfeitures, court costs, expenses and attorneys’ fees arising with respect to XXXXXX’s possession, transportation, in the event of a dispute, undisputed amounts shall be paid when due. Unpaid amounts shall bear interest from the due date until paid at 18% per annum or the highest rate allowed by law, whichever is less, and accrual or payment of such interest shall not impair LESSOR’s right otherwise to repossess the Equipment or to terminate this lease or to any other remedies it may have. Any accessories or attachments not included with the Equipment leased hereunder shall be paid in U.S. currencyseparately furnished by and at the expense of LESSEE. If Tenant shall fail to pay any Rental on such accessories or before the later of (i) the date such payment is due or (ii) five (5) days after Landlord has provided Tenant with written notice of its failure to timely pay rent (provided that Landlord shall not be obligated to provide more than two (2) such notices in any calendar year), then Tenant shall be obligated to pay a late payment charge (a “Late Fee”) equal attachments are ordered prior to the greater of (i) $1,000 or (ii) five percent (5%) of Rental Start Date, LESSEE shall pay such Rental payment that is past due. In addition, any Rental which is not paid by the date that is ten (10) days after the date such payment is due shall bear interest at the Default Rate from the first day due until paid. Any Additional Rental which shall become due shall be payable, unless otherwise expressly provided herein, shall be paid with the next monthly installment of Annual Basic Rental. Rental and statements required of Tenant shall be paid and delivered to Landlord at its notice address set out in Section 17.1 or at such other place as Landlord may, from time to time, designate in a notice to Tenant. No such change of the place of payment of Rental shall be effective until costs within thirty (30) days from the date of notice thereof to Tenantinvoice. Any payment by Tenant or acceptance by Landlord of a check for a lesser amount than All mobilization and installation costs shall be due from Tenant to Landlord shall be treated as a payment on accountpaid within thirty (30) days of invoice. The acceptance by Landlord of a check or other form of payment for an amount less than the amount then due and payable, even if accompanied by a statement from Tenant that the lesser amount is the entire amount due, and acceptance of such lesser amount shall not constitute Landlord’s acceptance and agreement that such lesser amount is payment in full, shall not be deemed a waiver of Landlord’s rights to collect the amounts not tendered and any such Tenant statements shall be given no effect, and Landlord may accept such payment without prejudice to any other rights or remedies which Landlord may have against Tenant.pg. 1

Appears in 1 contract

Samples: General Terms

Payment of Rental. For all purposes hereof, payment of Rental payable to Landlord hereunder shall be made and effective when, and not until, the Rental funds are received by Landlord and are in a form readily and immediately available for expenditure by Landlord, including without limitation wire transfer to Landlord’s account or checks payable to Landlord after payment thereon by Tenant’s bank upon which the check is drawn. Tenant shall pay all Rental when due and payable, and, except as provided herein, without any offset, counterclaim, deduction or prior demand therefor whatsoever, except as expressly provided for in this Lease. All Rental and other sums due hereunder shall be paid in U.S. currencytherefor. If Tenant shall fail to pay any Rental on or before the later of within five (i5) days following the date such payment is due or (ii) five (5) days after Landlord has provided Tenant with written notice of its failure to timely pay rent (provided that Landlord shall not be obligated to provide more than two (2) such notices in any calendar year)due, then Tenant shall be obligated to pay a late payment charge (a “Late Fee”) equal to the greater of (i) $1,000 or (ii) five four percent (54%) of the payment due; provided, however, that if Tenant becomes obligated to pay a Late Fee hereunder, the Late Fee shall be payable on all other Rental payments payable during the same Rental Year if such other Rental payment that is past or payments are not made on the date such other payment or payments are due. In addition, any Rental or other amounts payable hereunder which is not paid by the date that is ten within fifteen (1015) days after the date such payment same is due due, including without limitation money advanced by Landlord on behalf of Tenant to pay amounts payable by Tenant hereunder, shall bear interest at the Default Rate from the first day due until paid. Any Additional Rental which shall become due shall be payable, unless otherwise expressly provided herein, shall be paid with the next monthly installment of Annual Basic Rental. Rental and statements required of Tenant shall be paid and delivered to Landlord at its notice address set out in Section 17.1 17.1, or at such other place as Landlord may, from time to time, designate in a notice to Tenant. No such change of the place of payment of Rental shall be effective until thirty (30) days from the date of notice thereof to Tenant. Any payment by Tenant or acceptance by Landlord of a check for a lesser amount than shall be due from Tenant to Landlord shall be treated as a payment on account. The acceptance by Landlord of a check or other form of payment for an amount less than the amount then due and payable, even if accompanied by a statement from Tenant that the lesser amount is the entire amount due, and acceptance of such lesser amount shall not constitute Landlord’s acceptance and agreement that such lesser amount is payment in full, shall not be deemed a waiver of Landlord’s rights to collect the amounts not tendered and any such Tenant statements shall be given no effect, and Landlord may accept such payment without prejudice to any other rights or remedies which Landlord may have against Tenant.

Appears in 1 contract

Samples: Lease Agreement (Boston Gear LLC)

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Payment of Rental. Tenant LESSEE shall pay the minimum guaranteed rental as specified on the face of this Agreement and the full rental rates during any extension thereto. The rent payable shall be at the rate specified in this Agreement undiminished by any offset or credit on ac- count of LESSEE’s sooner surrender of the Equipment or the reason- able rental value thereof, whether or not thereafter LESSOR shall itself use said Equipment or shall rent any comparable Equipment it may have to others, or on account of any payment by LESSEE of additional rental for overtime use pursuant to the overtime and shift provisions on the face of this Agreement, or of any other charges, costs or damages hereunder; provided, however, that the rental payments, if any, actually received by LESSOR under a new lease for any part of the minimum term shall be credited to LESSEE, subject to repossession, recondi- tioning, re-leasing costs and all other charges and claims of LESSOR against LESSEE. LESSEE shall be responsible for and pay: i) all taxes, levies, fees and other public charges against or upon any of the Equip- ment, including without limitation personal property taxes; ii) all fines, penalties, forfeitures, court costs, expenses and attorneys’ fees arising with respect to LESSEE’s possession, transportation, use maintenance or repair of the Equipment, including without limitation, any parking, traffic or other violations assessed against the Equipment, LESSOR or LESSEE; iii) all costs of repairs to the Equipment and any related ex- penses. LESSEE shall pay all Rental when due and payable, without any offset, counterclaim, deduction or prior demand therefor whatsoever, except as expressly provided for in this Lease. All Rental and other sums due hereunder shall be paid in U.S. currency. If Tenant shall fail to pay any Rental on or before the later of (i) the date such payment is due or (ii) five (5) days after Landlord has provided Tenant with written notice of its failure to timely pay rent (provided that Landlord shall not be obligated to provide more than two (2) such notices in any calendar year), then Tenant shall be obligated to pay a late payment charge (a “Late Fee”) equal rents to the greater offices of (i) $1,000 LESSOR at BIGGE CRANE AND RIGGING CO. X.X. Xxx 000000, Xxxxxx, XX 00000-0000 or (ii) five percent (5%) all overnight mail by special couriers should be sent to the actual site address - Lockbox Services 205220, BIGGE CRANE AND RIGGING CO. 0000 XXXXXX XXXX, XXXXXX, XX 00000 and should reflect Lock- box Services and the Lockbox Number in the reference section of such Rental payment that is past due. In additionthe air xxxx, any Rental which is not paid by the date that is ten (10) days after the date such payment is due shall bear interest at the Default Rate from the first day due until paid. Any Additional Rental which shall become due shall be payable, unless otherwise expressly provided herein, shall be paid with the next monthly installment of Annual Basic Rental. Rental and statements required of Tenant shall be paid and delivered to Landlord at its notice address set out in Section 17.1 or at such other place as Landlord mayLESSOR may designate. If requested by LESSOR, from time to timeLESSEE shall pay rentals monthly in advance; otherwise, designate LESSOR shall submit 28-day rental invoices at the beginning of each rental period and LESSEE shall pay the same in a notice to Tenant. No such change full within ten (10) days of the place invoice date. Labor charges for Borrowed Servants will be based upon timecards submitted by LESSOR to LESSEE for signature; timecards shall be deemed final unless disputed by LESSEE within 7 days from submittal. In the event of a dispute, undisputed amounts shall be paid when due. Unpaid amounts shall bear interest from the due date until paid at 18% per annum or the highest rate allowed by law, whichever is less, and accrual or payment of Rental such interest shall not impair LESSOR’s right otherwise to repossess the Equipment or to terminate this lease or to any other remedies it may have. Any accesso- xxxx or attachments not included with the Equipment leased hereunder shall be effective until separately furnished by and at the expense of LESSEE. If any such accessories or attachments are ordered prior to the Rental Start Date, LESSEE shall pay such costs within thirty (30) days from the date of notice thereof to Tenantinvoice. Any payment by Tenant or acceptance by Landlord of a check for a lesser amount than All mobilization and installation costs shall be due from Tenant to Landlord shall be treated as a payment on account. The acceptance by Landlord paid within thirty (30) days of a check or other form of payment for an amount less than the amount then due and payable, even if accompanied by a statement from Tenant that the lesser amount is the entire amount due, and acceptance of such lesser amount shall not constitute Landlord’s acceptance and agreement that such lesser amount is payment in full, shall not be deemed a waiver of Landlord’s rights to collect the amounts not tendered and any such Tenant statements shall be given no effect, and Landlord may accept such payment without prejudice to any other rights or remedies which Landlord may have against Tenantinvoice.

Appears in 1 contract

Samples: Lease Agreement

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