Common use of PERFORMANCE BY TENANT Clause in Contracts

PERFORMANCE BY TENANT. Except as otherwise provided in this Lease, all covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant’s sole cost and expense and without any abatement of rent. 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, processing and accounting charges, and late charges that may be imposed on Landlord by the terms of any encumbrance and note secured by any encumbrance covering the Premises or the Building of which the Premises are a part. Therefore if any amount due Landlord from Tenant hereunder has not been received on or before the date due, Tenant shall pay to Landlord, without notice or demand, as additional rent, four percent (4%) of the overdue amount as a late charge; notwithstanding the foregoing to the contrary, Tenant shall be entitled to notice and a five (5) calendar day cure period prior to the imposition of such late charge on the first (1st) occasion in any calendar year which any amount will by Tenant hereunder is not paid when due. Such overdue amount shall also bear interest, as additional rent, at the maximum rate permissible by law calculated, as appropriate, from that date when due until the date of payment to Landlord (the “Interest Rate”). Landlord’s acceptance of any late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or any law now or hereafter in effect.

PERFORMANCE BY TENANT. Except as otherwise provided in this Lease, all All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant’s 's sole cost and expense and without any abatement of rent. 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, processing and accounting charges, and late charges that may be imposed on Landlord by the terms of any encumbrance and note secured by any encumbrance covering the Premises or the Building of which the Premises are a part. Therefore if any amount due monthly installment of Annual Basic Rent is not received by Landlord from Tenant hereunder has not been received on or before by the date when due, or if Tenant fails to pay any other sum of money due hereunder and such failure continues for ten (10) days after notice thereof by Landlord, Tenant shall pay to Landlord, without notice or demand, as additional rent, four the sum of five percent (45 %) of the overdue amount as a late charge; notwithstanding the foregoing to the contrary, Tenant shall be entitled to notice and a five (5) calendar day cure period prior to the imposition of such late charge on the first (1st) occasion in any calendar year which any amount will by Tenant hereunder is not paid when due. Such overdue amount shall also bear interest, as additional rent, at the maximum rate permissible by law calculated, as appropriate, from that the date when due either (a) the monthly installment of Annual Basic Rent is due, or (b) of receipt of said notice, until the date of payment to Landlord (the “Interest Rate”)Landlord. Landlord’s 's acceptance of any late charge or interest shall not constitute a waiver of 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 under this Lease or any law now or hereafter in effect. Further, in the event such late charge is imposed by Landlord for two (2) consecutive months 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 consecutive late charge, rent shall no longer be Paid in monthly installments but shall be payable three (3) months in advance.

PERFORMANCE BY TENANT. Except as otherwise expressly provided in this Lease, all covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant’s sole cost and expense and without any abatement of rent. 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, processing and accounting charges, and late charges that may be imposed on Landlord by the terms of any encumbrance and note secured by any encumbrance covering the Premises or the Building of which the Premises are a part. Therefore if any amount due Landlord from Tenant hereunder has not been received on or before the date duewithin five (5) days of its due date, Tenant shall pay to Landlord, without notice or demand, as additional rent, four five percent (45%) of the overdue amount as a late charge; notwithstanding the foregoing to the contraryprovided, Tenant shall be entitled to notice and a five (5) calendar day cure period prior to the imposition of however, that no such late charge shall be assessed on the first (1st) occasion in that any calendar year which any amount will by Tenant hereunder rent or other sum is not paid when duereceived by Landlord or Landlord’s designee within ten (10) days of the due date. Such overdue amount shall also bear interest, as additional rent, at the maximum rate permissible by law calculated, as appropriate, from that the date when due of receipt of said notice until the date of payment to Landlord (the “Interest Rate”)Landlord. Landlord’s acceptance of any late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or any law now or hereafter in effect. Further, in the event such late charge is imposed by Landlord for two (2) consecutive months 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 consecutive late charge, rent shall no longer be paid in monthly installments but shall be payable three (3) months in advance.

PERFORMANCE BY TENANT. Except as otherwise provided in this Lease, all All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant’s 's sole cost and expense and without any abatement of rent. 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, processing and accounting charges, and late charges that may be imposed on Landlord by the terms of any encumbrance and note secured by any an encumbrance covering the Premises or the Building of which the Premises are a part. Therefore Therefore, if any amount monthly installment of Monthly Basic Rent is not received by Landlord within five (5) days following the due Landlord from date therefor, or if Tenant fails to pay any other sum of money due hereunder has not been received on or before the date dueand such failure continues for five (5) days after notice thereof by Landlord, Tenant shall pay to Landlord, without notice or demandpay, as additional rent, as liquidated damages for Landlord's costs an amount equal to four percent (4%) of the overdue amount as a late charge; notwithstanding the foregoing to the contraryamount, Tenant shall be entitled to notice and a five (5) calendar day cure period prior to the imposition of plus such late charge on the first (1st) occasion in any calendar year which any amount will by Tenant hereunder is not paid when due. Such overdue amount shall also bear interest, as additional rent, interest at the lesser of fifteen percent (15%) or the maximum rate permissible by law calculatedlaw, as appropriate, calculated from that the date when the monthly installment of Annual Basic Rent is due until the date of payment to Landlord (the “Interest Rate”)Landlord. Landlord’s 's acceptance of any late charge or interest shall not constitute a waiver of 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 under this Lease or any law now or hereafter in effect.. Further, in the event such late charge is imposed by Landlord for two (2) consecutive months 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 consecutive late charge, rent shall no longer be paid in monthly installments but shall be payable three (3) months in advance,

PERFORMANCE BY TENANT. Except as otherwise provided in this Lease, all All covenants and agreements to be performed by Tenant under any of the terms of this Lease lease shall be performed by Tenant at Tenant’s 's sole cost and expense and without any abatement of rent. 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, processing and accounting charges, and late charges that may be imposed on Landlord by the terms of any encumbrance and note secured by any encumbrance covering the Premises or the Building of which the Premises are a part. Therefore if any amount due monthly installment of Annual Basic Rent is not received by Landlord from Tenant hereunder has not been received on or before by the date when due, or if Tenant fails to pay any other sum of money due hereunder and such failure continues for ten (10) days after notice thereof by Landlord, Tenant shall pay to Landlord, without notice or demand, as additional rent, four the sum of five percent (45%) of the overdue amount as a late charge; notwithstanding the foregoing to the contrary, Tenant shall be entitled to notice and a five (5) calendar day cure period prior to the imposition of such late charge on the first (1st) occasion in any calendar year which any amount will by Tenant hereunder is not paid when due. Such overdue amount shall also bear interest, as additional rent, at the maximum rate permissible by law calculated, as appropriate, from that the date when due either (a) the monthly installment of Annual Basic Rent is due, or (b) of receipt of said notice, until the date of payment to Landlord (the “Interest Rate”)Landlord. Landlord’s 's acceptance of any late charge or interest shall not constitute a waiver of 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 under this Lease or any law now or hereafter in effect. Further, in the event such late charge is imposed by Landlord for two (2) consecutive months 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 consecutive late charge, rent shall no longer be paid in monthly installments but shall be payable three (3) months in advance.

PERFORMANCE BY TENANT. Except as otherwise provided in this Lease, all All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant’s Tenants sole cost and expense and without any abatement of rent. 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, processing and accounting charges, and late charges that may be imposed on Landlord by the terms of any encumbrance and note secured by any an encumbrance covering the Premises or the Building of which the Premises are a part. Therefore Therefore, if any amount monthly installment of Monthly Basic Rent is not received by Landlord within five (5) days following the due Landlord from date therefor, and if Tenant fails to pay any other sum of money due hereunder has not been received on or before the date dueand such failure continues for five (5) days after notice thereof by Landlord, Tenant shall pay to Landlord, without notice or demandpay, as additional rent, as liquidated damages for Landlords costs an amount equal to four percent (4%) of the overdue amount as a late charge; notwithstanding the foregoing to the contraryamount, Tenant shall be entitled to notice and a five (5) calendar day cure period prior to the imposition of plus such late charge on the first (1st) occasion in any calendar year which any amount will by Tenant hereunder is not paid when due. Such overdue amount shall also bear interest, as additional rent, interest at the lesser of fifteen percent (15%) or the maximum rate permissible by law calculatedlaw, as appropriate, calculated from that the date when the monthly installment of Annual Basic Rent is due until the date of payment to Landlord (the “Interest Rate”)Landlord. Landlord’s 's acceptance of any late charge or interest shall not constitute a waiver of 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 under this Lease or any law now or hereafter in effect. Further, in the event such late charge is imposed by Landlord for two (2) consecutive months 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 consecutive late charge, rent shall no longer be paid in monthly installments but shall be payable three (3) months in advance.

PERFORMANCE BY TENANT. Except as otherwise provided in this Lease, all All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant’s sole cost and expense and without any abatement of rent. 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, processing and accounting charges, and .and late charges that may be imposed on Landlord by the terms of any encumbrance and note secured by any encumbrance covering the Premises or the Building of which the Premises are a part. Therefore Therefore, if any amount due monthly installment of Annual Base Rent is not received by Landlord from Tenant hereunder has not been received on or before by the date when due, or if Tenant fails to pay any other sum of money due hereunder and such failure continues for more than three (3) days after notice thereof by Landlord, Tenant shall pay to Landlord, without notice or demand, as additional rent, four the sum of five percent (45%) of the overdue amount as a late charge; notwithstanding the foregoing to the contrary, Tenant shall be entitled to notice and a five (5) calendar day cure period prior to the imposition of such late charge on the first (1st) occasion in any calendar year which any amount will by Tenant hereunder is not paid when due. Such overdue amount shall also bear interest, as additional rent, at the maximum rate permissible by law calculated, as appropriate, from that the date when due the monthly installment of Annual Base Rent is due, until the date of payment to Landlord (the “Interest Rate”)Landlord. Landlord’s acceptance or waiver of any late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or any law now or hereafter in effecteffect with respect to such default or any prior or subsequent default by Tenant. Further, in the event such late charge is imposed by Landlord for two (2) consecutive months 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 consecutive late charge, rent shall no longer be paid in monthly installments but shall be payable three (3) months in advance.

PERFORMANCE BY TENANT. Except as otherwise provided in this Lease, all covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant’s sole cost and expense and without any abatement of rent. 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, processing and accounting charges, and late charges that may be imposed on Landlord by the terms of any encumbrance and note secured by any an encumbrance covering the Premises or the Building of which the Premises are a part. Therefore Therefore, if any amount due monthly installment of Annual Basic Rent is not received by Landlord from Tenant hereunder has not been received on or before by the date when due, or if Tenant fails to pay any other sum of money due hereunder and such failure to pay any other sum continues for two (2) days after notice thereof by Landlord, Tenant shall pay to Landlord, without notice or demand, as additional rent, four the product of one quarter of one percent (4.25%) of times the overdue amount as a late charge; notwithstanding , plus any late charges or penalties Landlord is required to pay to its Lender, without notice to Tenant, provided that Landlord has previously notified Tenant by notice of the foregoing terms and conditions pertaining to the contrary, Tenant shall be entitled to notice and a five (5) calendar day cure period prior to the imposition of such lender-related late charge on the first (1st) occasion in any calendar year which any amount will by Tenant hereunder is not paid when duecharges or penalties. Such overdue amount shall also bear interest, as additional rent, at the maximum rate permissible by law calculated, as appropriate, Interest Rate from that the date when the monthly installment of Annual Basic Rent or other sum of money is due until the date of payment to Landlord (the “Interest Rate”)Landlord. Landlord’s acceptance of any late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or any law now or hereafter in effect.

PERFORMANCE BY TENANT. Except as otherwise provided in this Lease, all All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant’s 's sole cost and expense and without any abatement of rent. 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, processing and accounting charges, and late charges that may be imposed on Landlord by the terms of any encumbrance and note secured by any encumbrance covering the Premises or the Building of which the Premises are a part. Therefore if any amount due monthly installment of Annual Basic Rent is not received by Landlord from Tenant hereunder has not been received on or before by the date when due, or if Tenant fails to pay any other sum of money due hereunder and such failure continues for ten (10) days after notice thereof by Landlord, Tenant shall pay to Landlord, without notice or demand, as additional rent, four the sum of five percent (45 %) of the overdue amount as a late charge; notwithstanding the foregoing to the contrary, Tenant shall be entitled to notice and a five (5) calendar day cure period prior to the imposition of such late charge on the first (1st) occasion in any calendar year which any amount will by Tenant hereunder is not paid when due. Such overdue amount shall also bear interest, as additional rent, at the maximum rate permissible by law calculated, as appropriate, from that the date when due either (a) the monthly installment of Annual Basic Rent is due, or (b) of receipt of said notice, until the date of payment to Landlord (the “Interest Rate”)Landlord. Landlord’s 's acceptance of any late charge or interest shall not constitute a waiver of 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 under this Lease or any law now or hereafter in effect. Further, in the event such late charge is imposed Landlord for two (2) consecutive months for whatever reason, Landlord shall have the option to require that, beginning It the first payment of rent due following the imposition of the second consecutive late charge, rent shall no longer be paid monthly installments but shall be payable three (3) months in advance.

PERFORMANCE BY TENANT. Except as otherwise provided in this Lease, all All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant’s 's sole cost and expense and without any abatement of rent. If Tenant acknowledges that the late shall fail to pay any sum of money, other than Annual Basic Rent, required to be paid by it hereunder and such failure shall continue for three (3) days after written notice thereof by Landlord, Landlord may, without waiving or releasing Tenant from obligations of Tenant, but shall not be obligated to, make any such payment by Tenant or perform any such other act on Tenant's part to Landlord of any sums due under be made or performed as in this Lease will cause provided. All sums so paid by Landlord to incur and all necessary incidental costs not contemplated by this Lease, the exact amount of such cost being extremely difficult and impractical to fix. Such costs include, without limitation, processing and accounting charges, and late charges that may be imposed on Landlord by the terms of any encumbrance and note secured by any encumbrance covering the Premises or the Building of which the Premises are a part. Therefore if any amount due Landlord from Tenant hereunder has not been received on or before the date due, Tenant shall pay to Landlord, without notice or demand, as additional rent, four percent (4%) of the overdue amount as a late charge; notwithstanding the foregoing to the contrary, Tenant shall be entitled to notice and a five (5) calendar day cure period prior to the imposition of such late charge on the first (1st) occasion in any calendar year which any amount will by Tenant hereunder is not paid when due. Such overdue amount shall also bear interest, as additional rent, together with interest thereon at the maximum rate permissible by law calculated, as appropriatelaw, from that date when due until the date of such payment by Landlord, shall be payable to Landlord on demand, Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the “Interest Rate”). Landlord’s acceptance of any late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other same rights and remedies available in the event of the non-payment thereof by Tenant as in the case of default by Tenant in the payment of the Rent. For each such late payment, Tenant shall also pay to Landlord under this Lease a service charge. Rent payment is due on the first day of each month and considered late and delinquent if not received in Landlord's office by the tenth day of the month. Service charge for late payment shall be ten (10%) percent of any past due balance. In the event that any check, draft, or other instrument of payment given by Tenant to Landlord is dishonored for any law now or hereafter reason, Tenant agrees to pay to Landlord the sum of $20.00 in effectaddition to any late charges incurred as stated above.