Rent Payable. A. Commencing on the Rent Commencement Date, Tenant shall pay all Rent owing from time to time to Landlord, without prior Notice or demand and without offset, deduction or counterclaim whatsoever, in the amounts, at the rates and times set forth herein, in the manner set forth in this Section 5.01.A. Tenant agrees to (i) promptly execute any and all agreements and authorizations, and supply any and all information necessary to Tenant’s bank, to initiate automatic monthly payments of Minimum Rent and the monthly payments of estimated Tenant’s Share of Operating Costs and Taxes (“Standing Order Transfers”) from Tenant’s bank account to Landlord’s bank account for such monthly payments of Minium Rent and monthly payments of Tenant’s Share of Operating Costs due under this Lease; and (ii) take all actions necessary on ▇▇▇▇▇▇’s part to insure that all such payments will be received by the Landlord’s bank account by the first (1st) day of each calendar month. Except for the first month’s Rent and Security Deposit, the monthly payments of Minimum Rent and monthly payments of estimated ▇▇▇▇▇▇’s Share of Operating Costs and Taxes shall be paid by Standing Order Transfer. All payments of Rent not made by Standing Order Transfer shall be made via a company check delivered to the place set forth in Section 1.01.I or as Landlord may otherwise designate by Notice to Tenant at least thirty (30) days prior to the effective date of any change. Landlord shall confirm in writing the Landlord’s bank account details for Tenant’s payments to Landlord with not less than thirty (30) days advance notice in writing from Landlord regarding any change to be made to the same. B. If Tenant fails to make any payment of Rent by the date such Rent is due, Tenant shall pay Landlord a late payment charge equal to the greater of (i) five percent (5%) of such payment of Rent, or (ii) Twenty Dollars ($20.00) per day from the due date until the date of receipt by Landlord. Payment of such late charge shall not excuse or waive the late payment of Rent. Tenant acknowledges and agrees that such late charge is a reasonable estimate of the damages Landlord may incur as a result of Tenant’s late payment of Rent, and that it would be impracticable or extremely difficult to determine ▇▇▇▇▇▇▇▇’s actual damages. C. If Landlord receives within a twelve (12) month period two (2) or more checks from Tenant that are dishonored by Tenant’s bank, all checks for Rent thereafter shall be bank certified and Landlord shall not be required to accept checks except in such form. Tenant shall pay Landlord any bank service charges resulting from dishonored checks, plus Five Hundred Dollars ($500.00) for each dishonored check as compensation to Landlord for the additional cost of processing such check. D. Any payment by Tenant of less than the total Rent due shall be treated as a payment on account. Acceptance of any check bearing an endorsement, or accompanied by a letter stating, that such amount constitutes “payment in full” (or terms of similar import) shall not be an accord and satisfaction or a novation, and such statement shall be given no effect. Landlord may accept any check without prejudice to any rights or remedies which Landlord may have against Tenant. E. For any portion of a calendar month at the beginning of the Term, Tenant shall pay in advance the pro-rated amount of the Rent for each day included in such portion of the month.
Appears in 1 contract
Sources: Office Lease Agreement (Calix, Inc)
Rent Payable. A. Commencing on the Rent Commencement Date, Tenant shall pay all Rent owing from time to time to Landlord, without prior Notice notice or demand and without offset, deduction or counterclaim whatsoever, in the amounts, at the rates and times set forth herein, and at such place as is provided in the manner set forth in this Section 5.01.A. Tenant agrees to (i) promptly execute any and all agreements and authorizations1.01 .G, and supply any and all information necessary to Tenant’s bankabove, to initiate automatic monthly payments of Minimum Rent and the monthly payments of estimated Tenant’s Share of Operating Costs and Taxes (“Standing Order Transfers”) from Tenant’s bank account or by wire transfer to Landlord’s bank account for or at such monthly payments of Minium Rent and monthly payments of Tenant’s Share of Operating Costs due under this Lease; and (ii) take all actions necessary on ▇▇▇▇▇▇’s part to insure that all such payments will be received by the Landlord’s bank account by the first (1st) day of each calendar month. Except for the first month’s Rent and Security Deposit, the monthly payments of Minimum Rent and monthly payments of estimated ▇▇▇▇▇▇’s Share of Operating Costs and Taxes shall be paid by Standing Order Transfer. All payments of Rent not made by Standing Order Transfer shall be made via a company check delivered to the other place set forth in Section 1.01.I or as Landlord may otherwise from time to time designate by Notice notice to Tenant at least thirty (30) days prior to the effective date of any change. Landlord shall confirm in writing the Landlord’s bank account details for Tenant’s payments to Landlord with not less than thirty (30) days advance notice in writing from Landlord regarding any change to be made to the same.
B. If Tenant fails to make any payment of Rent by within ten (10) days from the date that such Rent is due, Tenant shall pay Landlord a late payment charge equal to the greater of (i) five percent (5%) of such payment of Rent, or (ii) Twenty Dollars ($20.00) per day from the date such Rent is due date until the date such Rent is received; provided, however, on the first occasion of receipt by Landlordthe late payment of Rent in any twelve (12)-month period, and no more than once in any twelve (12)-month period, Landlord agrees to waive its right to collect such late payment charge on such payment of Rent if such payment is made no later than the fifth (5th) day after Landlord delivers to Tenant written notice of such late payment. Payment of such late charge shall not excuse or waive the late payment of Rent. Tenant acknowledges and agrees that such late charge is a reasonable estimate of the damages Landlord may incur as a result of Tenant’s late payment of Rent, and that it would be impracticable or extremely difficult to determine ▇▇▇▇▇▇▇▇’s actual damages.
C. If Landlord receives within a twelve (12) month period two (2) or more checks from Tenant that are dishonored by Tenant’s bankbank within any 24-month period, all checks for Rent thereafter shall be bank certified and Landlord shall not be required to accept checks except in such form. Tenant shall pay Landlord any bank service charges resulting from dishonored checks, plus Five Hundred Fifty Dollars ($500.0050.00) for each dishonored check as compensation to Landlord for the additional cost of processing such check.
D. Any payment by Tenant of less than the total Rent due shall be treated as a payment on account. Acceptance of any check bearing an endorsement, or accompanied by a letter stating, that such amount constitutes “payment in full” (or terms of similar import) shall not be an accord and satisfaction or a novation, and such statement shall be given no effect. Landlord may accept any check without prejudice to any rights or remedies which Landlord may have against Tenant.
E. For any portion of a calendar month at the beginning of the Term, Tenant shall pay in advance the pro-rated amount of the Rent for each day included in such portion of the month.
Appears in 1 contract
Rent Payable. A. Commencing on the Rent Commencement Date, Tenant shall pay all Rent owing from time to time to Landlord, without prior Notice notice or demand and without offset, deduction or counterclaim whatsoever, in the amounts, at the rates and times set forth herein, in the manner set forth in this Section 5.01.A. Tenant agrees to shall (i) promptly execute any and all agreements and authorizations, and supply any and all information necessary to Tenant’s banknecessary, to authorize Landlord to initiate automatic monthly payments of Minimum Rent and the monthly payments of estimated Tenant’s Share of Operating Costs and Taxes debit entries (“Standing Order Auto-Debit Transfers”) from Tenant’s bank account to Landlord’s bank account Landlord for such monthly payments portions of Minium Rent and monthly payments of Tenant’s Share of Operating Costs due under this LeaseLease as Landlord may elect to be paid by Auto-Debit Transfer; and (ii) take all actions necessary on ▇▇▇▇▇▇Tenant’s part to insure that any and all such payments will be received by the Landlord’s bank account Landlord by the first (1st) day of each calendar monthdates due as specified in this Lease. Except for the first month’s Rent and Security Deposit, the monthly payments of Landlord initially elects that Minimum Rent and monthly payments of estimated ▇▇▇▇▇▇’s Share of Operating Costs and Taxes shall be paid by Standing Order Auto-Debit Transfer. Landlord may elect, by giving Notice to Tenant, that additional recurring payments constituting Rent shall be paid by Auto-Debit Transfer pursuant to this Section 5.01.A. All payments of Rent not made by Standing Order Auto-Debit Transfer shall be made via a company check delivered to at the place set forth in Section 1.01.I 1.01. or as Landlord may otherwise designate by Notice to Tenant at least thirty (30) days prior to the effective date of any change. Landlord shall confirm in writing the Landlord’s bank account details for Tenant’s payments to Landlord with not less than thirty (30) days advance notice in writing from Landlord regarding any change to be made to the same.
B. If Tenant fails to make any payment of Rent by the date such Rent is due, Tenant shall pay Landlord a late payment charge equal to the greater of (i) five percent (5%) of such payment of Rent, or (ii) Twenty Dollars ($20.00) per day from the due date until the date of receipt by Landlord. Payment of such late charge shall not excuse or waive the late payment of Rent. Tenant acknowledges and agrees that such late charge is a reasonable estimate of the damages Landlord may incur as a result of Tenant’s late payment violations of Rent, this Section 5.01.B. and that it would be impracticable or extremely difficult to determine ▇▇▇▇▇▇▇▇Landlord’s actual damages. Notwithstanding the foregoing, Landlord will not assess the foregoing late charge until Landlord has given written notice of such late payment for the first late payment in any twelve (12) month period and after Tenant has not cured such late payment within three (3) days from receipt of such notice (no other notices will be required during the following twelve (12) months for a late charge to be incurred).
C. If Landlord receives within a twelve (12) month period two (2) or more checks from Tenant that are dishonored by Tenant’s bank, all checks for Rent thereafter shall be bank certified and Landlord shall not be required to accept checks except in such form. Tenant shall pay Landlord any bank service charges resulting from dishonored checks, plus Five Hundred Fifty Dollars ($500.0050.00) for each dishonored check as compensation to Landlord for the additional cost of processing such check.
D. Any payment by Tenant of less than the total Rent due shall be treated as a payment on account. Acceptance of any check bearing an endorsement, or accompanied by a letter stating, that such amount constitutes “payment in full” (or terms of similar import) shall not be an accord and satisfaction or a novation, and such statement shall be given no effect. Landlord may accept any check without prejudice to any rights or remedies which Landlord may have against Tenant.
E. For any portion of a calendar month at the beginning of the Term, Tenant shall pay in advance the pro-rated amount of the Rent for each day included in such portion of the month.
Appears in 1 contract
Rent Payable. A. Commencing on the Rent Term Commencement Date, Tenant shall pay all Rent owing from time to time to Landlord, without prior Notice notice or demand and and, except as otherwise expressly set forth in this Lease, without offset, deduction or counterclaim whatsoever, in the amounts, at the rates and times set forth hereinin this Lease, in the manner set forth in this Section 5.01.A. Tenant agrees to (i) promptly execute any and all agreements and authorizations5.01, and supply any and all information necessary to Tenant’s bankprovided, to initiate automatic monthly however, that payments of Minimum Rent and shall not commence until the monthly payments of estimated Tenant’s Share of Operating Costs and Taxes (“Standing Order Transfers”) from Tenant’s bank account to Landlord’s bank account for such monthly payments of Minium Rent and monthly payments of Tenant’s Share of Operating Costs due under this Lease; and (ii) take all actions necessary on ▇▇▇▇▇▇’s part to insure that all such payments will be received by the Landlord’s bank account by the first (1st) day of each calendar month. Except for the first month’s Rent and Security Deposit, the monthly payments of Minimum Rent and monthly payments of estimated ▇▇▇▇▇▇’s Share of Operating Costs and Taxes shall be paid by Standing Order TransferCommencement Date. All payments of Rent not made by Standing Order Transfer shall be made via a company check delivered to at the place set forth in Section 1.01.I 1.01.H or as Landlord may otherwise designate by Notice to Tenant at least thirty (30) days prior to the effective date of any change. Landlord shall confirm in writing the Landlord’s bank account details for Tenant’s payments to Landlord with not less than thirty (30) days advance notice in writing from Landlord regarding any change to be made to the same.
B. If Tenant fails to pay any installment of Rent on or before the date the same becomes due and payable, such unpaid installment of Rent shall bear Interest as set forth in Section 17.03 of this Lease until paid. In addition, if Tenant fails to make any payment of Rent by the date that is five (5) days after such Rent is duedue and payable, Tenant shall pay Landlord a late payment charge (the “Late Fee”) equal to the greater of (i) five percent (5%) of such payment of Rent, or (ii) Twenty Dollars ($20.00) per day from the due date until the date of receipt by Landlord, except that Landlord shall not charge any such interest and/or the Late Fee with respect to the first (1st) such instance in any twelve (12) month period, if such amounts are paid within five (5) days after Notice that the same are delinquent. Payment of such late charge Interest and/or the Late Fee shall not excuse or waive the late payment of Rent. Tenant acknowledges and agrees that such late charge is a reasonable estimate of the damages Landlord may incur as a result of Tenant’s late payment of Rent, and that it would be impracticable or extremely difficult to determine ▇▇▇▇▇▇▇▇’s actual damages.
C. If Landlord receives within a twelve (12) month period two (2) or more checks from Tenant that are dishonored by Tenant’s bank, all checks for Rent thereafter shall be bank certified and Landlord shall not be required to accept checks except in such form. Tenant shall pay Landlord any bank service charges resulting from dishonored checks, plus Five Hundred Fifty Dollars ($500.0050.00) for each dishonored check as compensation to Landlord for the additional cost of processing such check.
D. Any payment by Tenant of less than the total Rent due shall be treated as a payment on account. Acceptance of any check bearing an endorsement, or accompanied by a letter stating, that such amount constitutes “payment in full” (or terms of similar import) shall not be an accord and satisfaction or a novation, and such statement shall be given no effect. Landlord may accept any check without prejudice to any rights or remedies which Landlord may have against Tenant.
E. For any portion If the Term begins or ends on a date other than the first day of a calendar month, Rent for the first month at of the beginning Term and/or the last month of the Term, Tenant as the case may be, shall pay in advance be prorated on a daily basis based upon the pro-rated amount number of the Rent for each day included days in such portion of the monthmonth and shall be paid in advance.
Appears in 1 contract
Rent Payable. A. Commencing on the Rent Commencement Date, Tenant shall pay all Rent owing from time to time to Landlord, without prior Notice or demand and without offset, deduction or counterclaim whatsoever, in the amounts, at the rates and times set forth herein, in the manner set forth in this Section 5.01.A. Tenant agrees to (i) promptly execute any The monthly rent payable by the Tenant to the Landlord shall be the sum of USD XXXXXXXXXXXXXX (USD XXXXXX) exclusive of water and all agreements and authorizations, and supply any and all information necessary to Tenant’s bank, to initiate automatic monthly payments of Minimum Rent and the monthly payments of estimated Tenant’s Share of Operating Costs and Taxes (“Standing Order Transfers”) from Tenant’s bank account to Landlord’s bank account for such monthly payments of Minium Rent and monthly payments of Tenant’s Share of Operating Costs due under this Lease; and electricity charges.
(ii) take all actions necessary The monthly rent shall be payable in advance on ▇▇▇▇▇▇’s part to insure that all such payments will be received by or before the Landlord’s bank account by the first (1st) 5th day of each month without any deductions whatsoever. Any such rent made past the 10th of any month will attract a late payment charge of 10% of the rent being compensation for corresponding exposure to the landlord on his financial obligations.
(iii) The Tenant shall also pay a deposit of USD XXXXXXXXXXXXXXX (USD XX, XXX) equivalent to one (1) month rent which sum is refundable at the termination of this tenancy with proper one (1) calendar monthmonths’ notice, or on expiration of the lease period subject to the Tenant fulfilling all their obligations under the tenancy in respect of payment of rent and effecting repairs and repainting of the premises due upon termination of the tenancy. Except for The Landlord may utilize the first month’s Rent and Security Deposit, deposit to defray any outstanding conservancy charges or repair & repainting expenses which would at all material times be payable by the monthly payments Tenant within the Tenancy period as such or upon termination of Minimum Rent and monthly payments of estimated ▇▇▇▇▇▇’s Share of Operating Costs and Taxes the tenancy. The deposit shall not be paid by Standing Order Transfer. used as the last month rent payment.
(iv) The Tenant shall additionally pay security charges to the relevant security company or Estate Committee as the case may be.
(v) All payments of Rent not made by Standing Order Transfer shall be made via a company check delivered to the place set forth in Section 1.01.I or as Landlord may otherwise designate by Notice to Tenant at least thirty (30) days prior to the effective date of any change. Landlord shall confirm in writing the Landlord’s bank account details for Tenant’s payments to Landlord with not less than thirty (30) days advance notice in writing from Landlord regarding any change to be made to the same.
B. If Tenant fails to make any payment of Rent account below unless otherwise advised by the date such Rent is due, Tenant shall pay Landlord a late payment charge equal to the greater of Tenant in writing: Account Name : XXXXXXXXXXXX
(ivi) five percent (5%) of such payment of Rent, or (ii) Twenty Dollars ($20.00) per day from the due date until the date of receipt The above monthly rent shall be increased by Landlord. Payment of such late charge shall not excuse or waive the late payment of Rent. Tenant acknowledges and agrees that such late charge is a reasonable estimate XX% of the damages Landlord may incur as a result of Tenant’s late payment of Rent, and that it would be impracticable or extremely difficult to determine ▇▇▇▇▇▇▇▇’s actual damages.
C. If Landlord receives within a twelve (12) month period rent payable after every two (2) or more checks from years that the tenant shall remain in occupation of the premises.
(vii) In the event of the Tenant that are dishonored by Tenant’s bankdesiring to vacate the house for any reason, all checks for Rent thereafter shall be bank certified and Landlord shall not be required to accept checks except in such form. the Tenant shall pay have the right to give one (1) calendar months’ written notice to the Landlord any bank service charges resulting from dishonored checksand immediately after expiration of the said notice, plus Five Hundred Dollars ($500.00) for each dishonored check as compensation to Landlord for the additional cost of processing such check.
D. Any payment by Tenant of less than the total Rent due this present Tenancy Agreement and everything here contained shall cease and be treated as a payment on account. Acceptance of any check bearing an endorsement, or accompanied by a letter stating, that such amount constitutes “payment in full” (or terms of similar import) shall not be an accord and satisfaction or a novation, and such statement shall be given no effect. Landlord may accept any check void without prejudice to any rights or remedies which Landlord claim either party may have against Tenant.
E. For the other, in respect of any portion antecedent breach of any covenant or condition herein contained. The amount of rent to be paid will be calculated to include a calendar full month’s rent for the month at on which the beginning notice expires subject to clause 3 (xix). The minimum stay stipulated for which the tenant is responsible is a XX% term of the Term, Tenant shall pay in advance the pro-rated amount of the Rent for each day included in such portion of the monthagreed lease period (2 years).
Appears in 1 contract
Sources: Tenancy Agreement
Rent Payable. A. Commencing on the Rent Commencement Date, Tenant shall pay all the Rent owing from time to time payable under this Lease to Landlord, without prior Notice demand therefor or demand and without offset, any setoff or deduction or counterclaim whatsoever, in the amounts, at the rates and times except as specifically set forth herein, in at the manner times set forth in this Section 5.01.A. Tenant agrees Lease in lawful money of the United States, at the place designated from time to (i) promptly execute any and all agreements and authorizations, and supply any and all information necessary time by Landlord by notice given to Tenant’s bank. Unless another time shall be expressly provided for payment, to initiate automatic monthly payments Rent shall be due and payable on demand or together with the next succeeding installment of Minimum Rent, whichever shall first occur. Tenant's covenant to pay Rent shall be independent of every other covenant set forth in this Lease, Tenant shall also pay to Landlord all applicable sales or other taxes which may be imposed on any item of Rent at the same time as such item of Rent is due and the monthly payments of estimated Tenant’s Share of Operating Costs and Taxes (“Standing Order Transfers”) from Tenant’s bank account payable to Landlord’s bank account for such monthly payments of Minium Rent and monthly payments of Tenant’s Share of Operating Costs due . In addition to constituting a default under this Lease; and (ii) take all actions necessary on ▇▇▇▇▇▇’s part to insure that all such payments will be received by the Landlord’s bank account by the first (1st) day of each calendar month. Except for the first month’s Rent and Security Deposit, the monthly payments of Minimum Rent and monthly payments of estimated ▇▇▇▇▇▇’s Share of Operating Costs and Taxes if Tenant shall be paid by Standing Order Transfer. All payments of Rent not made by Standing Order Transfer shall be made via a company check delivered to the place set forth in Section 1.01.I or as Landlord may otherwise designate by Notice to Tenant at least thirty (30) days prior to the effective date of any change. Landlord shall confirm in writing the Landlord’s bank account details for Tenant’s payments to Landlord with not less than thirty (30) days advance notice in writing from Landlord regarding any change to be made to the same.
B. If Tenant fails fail to make any payment of Rent by the date such Rent is when due, Tenant shall pay Landlord a late payment charge equal to the greater of (i) five percent (5%) of such payment of Rent, or (ii) Twenty Dollars ($20.00) per day from the due date until the date of receipt by Landlord. Payment of such late charge shall not excuse or waive the late payment of Rent. Tenant acknowledges and agrees that such late charge is a reasonable estimate of the damages Landlord may incur as a result of Tenant’s late payment of Rent, and that it would be impracticable or extremely difficult to determine ▇▇▇▇▇▇▇▇’s actual damages.
C. If Landlord receives within a twelve (12) month period two (2) or more checks from Tenant that are dishonored by Tenant’s bank, all checks for Rent thereafter shall be bank certified and Landlord shall not be required to accept checks except in such form. Tenant shall pay Landlord any bank service charges resulting from dishonored checks, plus Five One Hundred Dollars ($500.00100.00) plus Ten Dollars ($10.00) per day commencing on the third (3rd) business day after receipt of written notice from Landlord of such default and continuing for each dishonored check as compensation day such default continues, to reimburse Landlord for the its additional cost of administrative costs in processing such checkpayment. Unless Landlord notifies Tenant otherwise, all Rent payments shall be made payable and sent to: First Capital Income Properties, Ltd. - Series VIII, Dept. 77-5065, Chicago, Illinois 60678- 5065.
D. B. Any payment by Tenant or acceptance by Landlord of less a lesser amount than the total Rent shall be due from Tenant to Landlord shall be treated as a payment on account. Acceptance The acceptance by Landlord of a check for a lesser amount with an endorsement or statement thereon or in any check bearing an endorsement, or accompanied by a letter statingaccompanying such check, that such lesser amount constitutes “is payment in full” (or terms of similar import) shall not be an accord and satisfaction or a novation, and such statement full shall be given no effect. , and Landlord may accept any such check without prejudice to any other rights or remedies which Landlord may have against Tenant.
E. For C. If Tenant pays any portion installment of a calendar month at Rent by check and such check is returned for insufficient funds or other reasons not the beginning fault of the TermLandlord, then Tenant shall pay Landlord, on demand, a processing fee of One Hundred Dollars ($100.00) per returned check plus all applicable late charges and if three (3) checks are returned for insufficient funds or other reasons not the fault of Landlord, all subsequent payments to Landlord by Tenant shall be either in advance the pro-rated amount of the Rent for each day included in such portion of the montha certified or cashier's check.
Appears in 1 contract
Sources: Lease Agreement (First Capital Income Properties LTD Series Viii)
Rent Payable. A. Commencing on the Rent Commencement Date, Tenant shall pay all Rent owing from time to time to Landlord, without prior Notice notice or demand and without offset, deduction or counterclaim whatsoever, in the amounts, at the rates and times set forth herein, and at such place as is provided in the manner set forth in this Section 5.01.A. Tenant agrees 1.01.G, above, or by wire transfer to (i) promptly execute any and all agreements and authorizations, and supply any and all information necessary to Tenant’s bank, to initiate automatic monthly payments of Minimum Rent and the monthly payments of estimated Tenant’s Share of Operating Costs and Taxes (“Standing Order Transfers”) from Tenant’s Landlord's bank account to Landlord’s bank account for or at such monthly payments of Minium Rent and monthly payments of Tenant’s Share of Operating Costs due under this Lease; and (ii) take all actions necessary on ▇▇▇▇▇▇’s part to insure that all such payments will be received by the Landlord’s bank account by the first (1st) day of each calendar month. Except for the first month’s Rent and Security Deposit, the monthly payments of Minimum Rent and monthly payments of estimated ▇▇▇▇▇▇’s Share of Operating Costs and Taxes shall be paid by Standing Order Transfer. All payments of Rent not made by Standing Order Transfer shall be made via a company check delivered to the other place set forth in Section 1.01.I or as Landlord may otherwise from time to time designate by Notice notice to Tenant at least thirty (30) days prior to the effective date of any change. Landlord shall confirm in writing the Landlord’s bank account details for Tenant’s payments to Landlord with not less than thirty (30) days advance notice in writing from Landlord regarding any change to be made to the same.
B. If Tenant fails to make any payment of Rent by within ten (10) days from the date that such Rent is due, Tenant shall pay Landlord a late payment charge equal to the greater of (i) five percent (5%) of such payment of Rent, or (ii) Twenty Dollars ($20.00) per day from the date such Rent is due date until the date such Rent is received ; provided, however, on the first occasion of receipt by Landlordthe late payment of Rent in any twelve (12)-month period, and no more than once in any twelve (12)-month period, Landlord agrees to waive its right to collect such late payment charge on such payment of Rent if such payment is made no later than the fifth (5th) day after Landlord delivers to Tenant written notice of such late payment. Payment of such late charge shall not excuse or waive the late payment of Rent. Tenant acknowledges and agrees that such late charge is a reasonable estimate of the damages Landlord may incur as a result of Tenant’s late payment of Rent, and that it would be impracticable or extremely difficult to determine ▇▇▇▇▇▇▇▇’s actual damages.
C. If Landlord receives within a twelve (12) month period two (2) or more checks from Tenant that are dishonored by Tenant’s bank's bank within any 24-month period, all checks for Rent thereafter shall be bank certified and Landlord shall not be required to accept checks except in such form. Tenant shall pay Landlord any bank service charges resulting from dishonored checks, plus Five Hundred Fifty Dollars ($500.0050.00) for each dishonored check as compensation to Landlord for the additional cost of processing such check.
D. Any payment by Tenant of less than the total Rent due shall be treated as a payment on account. Acceptance of any check bearing an endorsement, or accompanied by a letter stating, that such amount constitutes “"payment in full” " (or terms of similar import) shall not be an accord and satisfaction or a novation, and such statement shall be given no effect. Landlord may accept any check without prejudice to any rights or remedies which Landlord may have against Tenant.
E. For any portion of a calendar month at the beginning of the Term, Tenant shall pay in advance the pro-rated amount of the Rent for each day included in such portion of the month.
Appears in 1 contract
Rent Payable. A. Commencing on the Rent Commencement Date, Tenant shall pay all the Rent owing from time to time payable under this Lease to Landlord, without prior Notice demand therefor or demand and without offset, any setoff or deduction or counterclaim whatsoever, in the amounts, at the rates and times set forth herein, in the manner set forth in this Section 5.01.A. Tenant agrees Lease in lawful money of the United States, at the place designated from time to (i) promptly execute any and all agreements and authorizations, and supply any and all information necessary time by Landlord by notice given to Tenant’s bank. Unless another time shall be expressly provided for payment, to initiate automatic monthly payments Rent shall be due and payable on demand or together with the next succeeding installment of Minimum Rent, whichever shall first occur. Tenant's covenant to pay Rent shall be independent of every other covenant set forth in this Lease. Tenant shall also pay to Landlord all applicable sales or other taxes which may be imposed on any item of Rent at the same time as such item of Rent is due and the monthly payments of estimated Tenant’s Share of Operating Costs and Taxes (“Standing Order Transfers”) from Tenant’s bank account payable to Landlord’s bank account for such monthly payments of Minium Rent and monthly payments of Tenant’s Share of Operating Costs due . In addition to constituting a default under this Lease; and (ii) take all actions necessary on ▇▇▇▇▇▇’s part to insure that all such payments will be received by the Landlord’s bank account by the first (1st) day of each calendar month. Except for the first month’s Rent and Security Deposit, the monthly payments of Minimum Rent and monthly payments of estimated ▇▇▇▇▇▇’s Share of Operating Costs and Taxes if Tenant shall be paid by Standing Order Transfer. All payments of Rent not made by Standing Order Transfer shall be made via a company check delivered to the place set forth in Section 1.01.I or as Landlord may otherwise designate by Notice to Tenant at least thirty (30) days prior to the effective date of any change. Landlord shall confirm in writing the Landlord’s bank account details for Tenant’s payments to Landlord with not less than thirty (30) days advance notice in writing from Landlord regarding any change to be made to the same.
B. If Tenant fails fail to make any payment of Rent by the date such Rent is when due, Tenant shall pay Landlord a late payment charge equal to the greater of (i) five percent (5%) of such payment of Rent, or (ii) Twenty One Hundred Dollars ($20.00100.00) plus Ten Dollars ($10.00) per day from commencing on the due date until the date of receipt by Landlordfifth (5/th/) day after such default occurs and continuing for each day such default continues, to reimburse Landlord for its additional administrative costs in processing such payment. Payment of such late charge Unless Landlord notifies Tenant otherwise, all Rent payments shall not excuse or waive the late payment of Rentbe made payable and sent to: ▇▇▇▇▇▇ Springs, Dept. Tenant acknowledges and agrees that such late charge is a reasonable estimate of the damages Landlord may incur as a result of Tenant’s late payment of Rent77-6346, and that it would be impracticable or extremely difficult to determine ▇▇▇▇▇▇▇, ▇’s actual damages▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇.
B. Any payment by Tenant or acceptance by Landlord of a lesser amount than shall be due from Tenant to Landlord shall be treated as payment on account. The acceptance by Landlord of a check for
C. If Tenant pays any installment of Rent by check and such check is returned for insufficient funds or other reasons not the fault of Landlord receives within a twelve (12) month period two (2) or more checks from Tenant that are dishonored by Tenant’s bankand not bank error, all checks for Rent thereafter shall be bank certified and Landlord shall not be required to accept checks except in such form. then Tenant shall pay Landlord any bank service charges resulting from dishonored checksLandlord, plus Five on demand, a processing fee of One Hundred Dollars ($500.00100.00) per returned check plus all applicable late charges and if three (3) checks are returned for each dishonored check as compensation insufficient funds or other reasons not the fault of Landlord and not bank error, all subsequent payments to Landlord for the additional cost of processing such by Tenant shall be either in a certified or cashier's check.
D. Any payment by Tenant of less than the total Rent due shall be treated as a payment on account. Acceptance of any check bearing an endorsement, or accompanied by a letter stating, that such amount constitutes “payment in full” (or terms of similar import) shall not be an accord and satisfaction or a novation, and such statement shall be given no effect. Landlord may accept any check without prejudice to any rights or remedies which Landlord may have against Tenant.
E. For any portion of a calendar month at the beginning of the Term, Tenant shall pay in advance the pro-rated amount of the Rent for each day included in such portion of the month.
Appears in 1 contract
Sources: Lease Agreement (First Capital Income Properties LTD Series Viii)
Rent Payable. A. Commencing on the Rent Commencement Date, (a) Tenant shall pay all the Rent owing from time to time payable under this Lease to Landlord, without prior Notice demand therefor or demand and without offset, any setoff or deduction or counterclaim whatsoever, in the amounts, at the rates and times set forth herein, in the manner set forth in this Section 5.01.A. Tenant agrees Lease in lawful money of the United States, at the place designated from time to (i) promptly execute any and all agreements and authorizations, and supply any and all information necessary time by Landlord by notice given to Tenant’s bank. Tenant shall pay to Landlord the Minimum Rent provided in Section 1.1 in equal monthly installments, to initiate automatic monthly payments in advance, commencing on the Commencement Date and on the first day of each and every calendar month thereafter throughout the Term. If the Commencement Date is on other than the first day of a calendar month, Tenant shall, on the Commencement Date, pay a prorated portion of the Minimum Rent calculated based upon the actual number of days in such month. Unless another time shall be expressly provided for payment, all components of Rent other than Minimum Rent shall be due and payable on demand or together with the next succeeding installment of Minimum Rent and the monthly payments of estimated Rent, whichever shall first occur. Tenant’s Share covenant to pay Rent shall be independent of Operating Costs every other covenant set forth in this Lease. Tenant shall also pay to Landlord all applicable sales or other taxes which may be imposed on any item of Rent at the same time as such item of Rent is due and Taxes (“Standing Order Transfers”) from Tenant’s bank account payable to Landlord’s bank account for such monthly payments of Minium Rent and monthly payments of Tenant’s Share of Operating Costs due . In addition to constituting a default under this Lease; and (ii) take all actions necessary on ▇▇▇▇▇▇’s part to insure that all such payments will be received by the Landlord’s bank account by the first (1st) day of each calendar month. Except for the first month’s Rent and Security Deposit, the monthly payments of Minimum Rent and monthly payments of estimated ▇▇▇▇▇▇’s Share of Operating Costs and Taxes if Tenant shall be paid by Standing Order Transfer. All payments of Rent not made by Standing Order Transfer shall be made via a company check delivered to the place set forth in Section 1.01.I or as Landlord may otherwise designate by Notice to Tenant at least thirty (30) days prior to the effective date of any change. Landlord shall confirm in writing the Landlord’s bank account details for Tenant’s payments to Landlord with not less than thirty (30) days advance notice in writing from Landlord regarding any change to be made to the same.
B. If Tenant fails fail to make any payment of Rent by the date such Rent is when due, Tenant shall pay Landlord a late payment charge equal to the greater of (i) five percent (5%) of such payment of Rent, or (ii) Twenty Dollars ($20.00) per day from the due date until the date of receipt by Landlord. Payment of such a late charge shall not excuse or waive the late payment of Rent. Tenant acknowledges and agrees that such late charge is a reasonable estimate of the damages Landlord may incur as a result of Tenant’s late payment of Rent, and that it would be impracticable or extremely difficult to determine ▇▇▇▇▇▇▇▇’s actual damages.
C. If Landlord receives within a twelve (12) month period two (2) or more checks from Tenant that are dishonored by Tenant’s bank, all checks for Rent thereafter shall be bank certified and Landlord shall not be required to accept checks except in such form. Tenant shall pay Landlord any bank service charges resulting from dishonored checks, plus Five Hundred Dollars ($500.00), plus (ii) commencing on the fifth (5th) day after such default occurs and continuing for each dishonored check as compensation additional day such default continues, Ten Dollars ($10.00) per day to reimburse Landlord for its additional administrative costs in processing such payment. Unless Landlord notifies Tenant otherwise, all Rent payments shall be made payable and sent to Landlord for at the additional cost of processing such checkrent payment address set forth in Section l.1(v) above.
D. (b) Any payment by Tenant or acceptance by Landlord of less a lesser amount than the total Rent shall be due from Tenant to Landlord shall be treated as a payment on account. Acceptance The acceptance by Landlord of a check for a lesser amount with an endorsement or statement thereon or in any check bearing an endorsement, or accompanied by a letter statingaccompanying such check, that such lesser amount constitutes “is payment in full” (or terms of similar import) shall not be an accord and satisfaction or a novation, and such statement full shall be given no effect. , and Landlord may accept any such check without prejudice to any other rights or remedies which Landlord may have against Tenant.
E. For (c) If Tenant pays any portion installment of a calendar month at Rent by check and such check is returned for insufficient funds or other reasons not the beginning fault of the TermLandlord, then Tenant shall pay Landlord, on demand, a processing fee of One Hundred Dollars ($100.00) per returned check plus all applicable late charges and if three (3) checks are returned for insufficient funds or other reasons not the fault of Landlord, all subsequent payments to Landlord by Tenant shall be either in advance the pro-rated amount of the Rent for each day included in such portion of the montha certified or cashier’s check.
Appears in 1 contract
Rent Payable. A. Commencing on the Rent Commencement Date, Tenant shall pay all Rent owing from time to time to Landlord, without prior Notice notice or demand and without offset, deduction or counterclaim whatsoever, in the amounts, at the rates and times set forth herein, in the manner set forth in this Section 5.01.A. Tenant agrees to shall (i) promptly execute any and all agreements and authorizations, and supply any and all information necessary to Tenant’s banknecessary, to authorize Landlord to initiate automatic monthly payments of Minimum Rent and the monthly payments of estimated Tenant’s Share of Operating Costs and Taxes debit entries (“Standing Order Auto-Debit Transfers”) from Tenant’s bank account to Landlord’s bank account Landlord for such monthly payments portions of Minium Rent and monthly payments of Tenant’s Share of Operating Costs due under this LeaseLease as Landlord may elect to be paid by Auto-Debit Transfer; and (ii) take all actions necessary on ▇▇▇▇▇▇Tenant’s part to insure that any and all such payments will be received by the Landlord’s bank account Landlord by the first (1st) day of each calendar monthdates due as specified in this Lease. Except for the first month’s Rent and Security Deposit, the monthly payments of Landlord initially elects that Minimum Rent and monthly payments of estimated ▇▇▇▇▇▇’s Share of Operating Costs and Taxes shall be paid by Standing Order Auto-Debit Transfer. Landlord may elect, by giving Notice to Tenant, that additional recurring payments constituting Rent shall be paid by Auto-Debit Transfer pursuant to this Section 5.01.A. All payments of Rent not made by Standing Order Auto-Debit Transfer shall be made via a company check delivered to at the place set forth in Section 1.01.I 1.01. or as Landlord may otherwise designate by Notice to Tenant at least thirty (30) days prior to the effective date of any change. Landlord shall confirm in writing the Landlord’s bank account details for Tenant’s payments to Landlord with not less than thirty (30) days advance notice in writing from Landlord regarding any change to be made to the same.
B. If Tenant fails to make any payment of Rent by the date such Rent is due, Tenant shall pay Landlord a late payment charge equal to the greater of (i) five percent (5%) of such payment of Rent, or (ii) Twenty Dollars ($20.00) per day from the due date until the date of receipt by Landlord. Payment of such late charge shall not excuse or waive the late payment of Rent. Tenant acknowledges and agrees that such late charge is a reasonable estimate of the damages Landlord may incur as a result of Tenant’s late payment violations of Rent, this Section 5.01.B. and that it would be impracticable or extremely difficult to determine ▇▇▇▇▇▇▇▇Landlord’s actual damages.. Notwithstanding the foregoing, Landlord will not assess the foregoing late charge until Landlord has given
C. If Landlord receives within a twelve (12) month period two (2) or more checks from Tenant that are dishonored by Tenant’s bank, all checks for Rent thereafter shall be bank certified and Landlord shall not be required to accept checks except in such form. Tenant shall pay Landlord any bank service charges resulting from dishonored checks, plus Five Hundred Fifty Dollars ($500.0050.00) for each dishonored check as compensation to Landlord for the additional cost of processing such check.
D. Any payment by Tenant of less than the total Rent due shall be treated as a payment on account. Acceptance of any check bearing an endorsement, or accompanied by a letter stating, that such amount constitutes “payment in full” (or terms of similar import) shall not be an accord and satisfaction or a novation, and such statement shall be given no effect. Landlord may accept any check without prejudice to any rights or remedies which Landlord may have against Tenant.
E. For any portion of a calendar month at the beginning of the Term, Tenant shall pay in advance the pro-rated amount of the Rent for each day included in such portion of the month.
Appears in 1 contract
Rent Payable. A. Commencing on the Rent Commencement Date, Tenant shall pay all Rent owing from time to time to Landlord, without prior Notice notice or demand therefor and without any offset, deduction or counterclaim whatsoever, in the amounts, at the rates and at the times set forth herein, in the manner set forth in this Section 5.01.A. Tenant agrees to (i) promptly execute any and all agreements and authorizations, and supply any and all information necessary to Tenant’s bank, to initiate automatic monthly payments of Minimum Rent and the monthly payments of estimated Tenant’s Share of Operating Costs and Taxes (“Standing Order Transfers”) from Tenant’s bank account to Landlord’s bank account for at such monthly payments of Minium Rent and monthly payments of Tenant’s Share of Operating Costs due under this Lease; and (ii) take all actions necessary on ▇▇▇▇▇▇’s part to insure that all such payments will be received by the Landlord’s bank account by the first (1st) day of each calendar month. Except for the first month’s Rent and Security Deposit, the monthly payments of Minimum Rent and monthly payments of estimated ▇▇▇▇▇▇’s Share of Operating Costs and Taxes shall be paid by Standing Order Transfer. All payments of Rent not made by Standing Order Transfer shall be made via a company check delivered to the place set forth as is provided in Section 1.01.I 1.1., or at such other place as Landlord may otherwise from time to time designate by Notice written notice to Tenant at least thirty (30) days prior to the effective date of any change. Landlord shall confirm in writing the Landlord’s bank account details for Tenant’s payments to Landlord with not less than thirty (30) days advance notice in writing from Landlord regarding any change to be made to the same.
B. If In addition to constituting a breach under the Lease, and in addition to Landlord's other rights and remedies for such breach, if Tenant fails shall fail to make any payment of Rent by after the date such Rent is duedue date, Tenant shall pay to Landlord a late payment charge (the same being Additional Rent) in an amount equal to the greater of (i) five percent (5%) of such payment of Rent, or (ii) Twenty Dollars ($20.00) per day from the date such Rent is due date until the date of receipt by Landlordsuch Rent is received. Payment The payment of such late charge Additional Rent shall not excuse or waive the late payment of Rent. Tenant acknowledges and agrees that such late charge is a reasonable estimate of the damages Landlord may incur as a result of Tenant’s late payment of Rent, and that it would be impracticable or extremely difficult to determine ▇▇▇▇▇▇▇▇’s actual damages.
C. If during the term Landlord receives within a twelve (12) month period two (2) or more checks from Tenant that which are dishonored returned by Tenant’s bank's bank without honoring, Tenant agrees that all checks for Rent thereafter shall be bank certified and that Landlord shall not be required to accept checks except in such form. Tenant shall pay Landlord In addition to any bank service charges resulting from dishonored checks, plus Five Hundred which shall be borne by Tenant, Tenant shall pay to Landlord Fifty Dollars ($500.0050.00) for on the occasion of each dishonored check as compensation to an administrative fee (the same being Additional Rent) compensating Landlord for the additional cost of expense involved in processing such check.
D. Any payment by Tenant of less a lesser amount than the total Rent due under the Lease shall be treated as a payment on account. Acceptance of In the event that any check bearing bears an endorsementendorsement or statement, or is accompanied by a letter stating, that such lesser amount constitutes “"payment in full” " (or terms of similar import) ), Landlord's acceptance thereof shall not be an accord and satisfaction or a novation, and such statement shall be given no effect. Landlord may accept any check without prejudice to any rights or remedies which Landlord may have against Tenant.
E. For any portion of a calendar month included at the beginning of the Term, Tenant shall pay in advance advance, at the pro-beginning of such portion, the pro- rated amount of the Rent (including, without limitation, Minimum Rent, Tax Estimates, Operating Costs Estimates, and Merchant's Association or Marketing Fund Dues) for each day included in such portion of the month.
Appears in 1 contract
Sources: Lease Agreement (HCNB Bancorp Inc)