Common use of Late Charges Clause in Contracts

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 46 contracts

Samples: Staar Surgical Company, Commercial Lease Agreement (Skechers Usa Inc), Lease Agreement (3dshopping Com)

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Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten five (105) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 27 contracts

Samples: Work Letter Agreement (Netcom Systems Inc), Lease Single (Idealab), A Lease Agreement (Miravant Medical Technologies)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentrent, then rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph 4.1 paragraph 4 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 20 contracts

Samples: Agreement (Natural Gas Vehicle Systems Inc), Agreement (Valley Media Inc), Industrial Lease (Iprint Com Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. The parties Parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 12 contracts

Samples: Lease Agreement (Elitra Pharmaceuticals Inc), Intuit Inc, Skechers Usa Inc

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and Base Rent, Lessee's Share of Operating Expenses or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the PremisesProperty. Accordingly, if any installment of rent Base Rent, Operating Expenses, or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentany of the aforesaid monetary obligations of Lessee, then Base Rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 8 contracts

Samples: Qad Inc, Qad Inc, Legends of the Faith Inc

Late Charges. Lessee hereby acknowledges that late payment by Lessee Xxxxxx to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten five (105) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by LesseeXxxxxx. Acceptance of such late charge by Lessor shall in no event constitute a waiver of LesseeXxxxxx's Default or Breach with respect to such overdue amount, nor prevent Lessor Xxxxxx from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 5 contracts

Samples: Prolong International Corp, BGF Industries Inc, Hydrogen Burner Technology Inc

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or other sum due from Lessee shall not be received by Lessor or Lessor's ’s designee within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's ’s Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's ’s option, become due and payable quarterly in advance.

Appears in 5 contracts

Samples: Commencement of Lease Agreement (Overstock Com Inc), Commencement of Lease Agreement (Overstock Com Inc), Emmaus Holdings, Inc.

Late Charges. Lessee Tenant hereby acknowledges that late payment by Lessee Tenant to Lessor Landlord of rent Base Monthly Rent and other sums due hereunder will cause Lessor Landlord to incur costs not contemplated by this Lease, the exact amount of which will be is extremely difficult to ascertain. Such costs include, include but are not limited to: administrative, processing and accounting chargesprocessing, accounting, and late charges which may be imposed upon Lessor on Landlord by the terms of any ground leasecontract, mortgage revolving credit, mortgage, or trust deed of trust covering the Premises. Accordingly, if any installment of rent Base Monthly Rent or other sum due from Lessee Tenant shall not be received by Lessor Landlord or Lessor's its designee within ten five (105) business days after receipt by Tenant of written notice from Landlord that such amount shall be installment or sum was not received when due, then, without any requirement for notice to Lessee, Lessee Tenant shall pay to Lessor Landlord a late charge equal to six percent five (65%) percent of such overdue amount, which late charge shall be due and payable on the same date that the overdue amount was due. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor Landlord will incur by reason of late payment by LesseeTenant, excluding interest and reasonable attorneys' fees and costs. If any rent or other sum due from Tenant remains delinquent for a period in excess of thirty (30) days then, in addition to such late charge, Tenant shall pay to Landlord interest on any rent that is not paid when due at the Agreed Interest Rate specified in Section 19.J following the date such amount became due until paid. Acceptance by Landlord of such late charge by Lessor shall in no event not constitute a waiver of LesseeTenant's Default or Breach default with respect to such overdue amount, amount nor prevent Lessor Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three four (34) consecutive installments of Base Monthly Rent, then the Base Monthly Rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 5 contracts

Samples: investor.verisign.com, Verisign Inc/Ca, Verisign Inc/Ca

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor Less or by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, option become due and payable quarterly in advance.

Appears in 4 contracts

Samples: Centaur Pharmaceuticals Inc, Centaur Pharmaceuticals Inc, Centaur Pharmaceuticals Inc

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums such due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs includeInclude, but are not limited to, processing and accounting charges, and end late charges which may be imposed upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if If any installment Installment of rent or other sum due from to Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) ten percent (10%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in shell In no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. : In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments Installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in In advance.

Appears in 4 contracts

Samples: Amexdrug Corp, Amexdrug Corp, Amexdrug Corp

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or any other sum due from Lessee shall not be received by Lessor or Lessor's designee ’s designated agent within ten five (105) business days after such amount shall be due, then, without any requirement for notice to Lesseeis due and owing, Lessee shall pay to Lessor a late charge equal to six five percent (65%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of an Event of Lessee's ’s Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In Notwithstanding the event foregoing, Lessor shall grant Lessee one (1) late payment during the first twelve (12) months of the Lease Term without late charge, provided that a late charge is payable hereunder, whether or not collected, for three Lessee shall pay the applicable delinquent amount within five (35) consecutive installments business days following written notice from Lessor of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advancesuch delinquency.

Appears in 4 contracts

Samples: Work Letter Agreement (PDL Biopharma, Inc.), Option Agreement (PDL Biopharma, Inc.), And Attornment Agreement (Biotech Spinco, Inc.)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after such amount shall be due, then, without any requirement for with written notice to LesseeLessee from Lessor, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 4 contracts

Samples: Stock Option Agreement, Stock Option Agreement, Amerigon Inc

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten five (105) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.. 13.5

Appears in 4 contracts

Samples: Boyds Wheels Inc, Boyds Wheels Inc, Boyds Wheels Inc

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur 10 111CM costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the Premisespremises. Accordingly, if any installment of rent or other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such M Such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive Initials:________ _______ -13- installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, . at Lessor's option, become due and payable quarterly in advance.

Appears in 4 contracts

Samples: Agreement for Purchase and Sale (Artest Corp), Sublease Agreement (Artest Corp), Agreement for Purchase and Sale (Artest Corp)

Late Charges. Lessee Tenant hereby acknowledges that late payment by Lessee Tenant to Lessor Landlord of rent and other sums due hereunder will cause Lessor Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting chargescharges and other administrative costs, and late charges which may be imposed upon Lessor on Landlord by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or any other sum due from Lessee Tenant shall not be received by Lessor Landlord or LessorLandlord's designee within ten twenty (1020) days after such amount shall be due, then, without any requirement for notice to LesseeTenant (and notwithstanding any other remedy Landlord may have hereunder), Lessee Tenant shall be obliged to pay to Lessor Landlord, along with the delinquent amount, a late charge equal to six percent (6%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor cost Landlord will incur by reason of late payment by LesseeTenant. Acceptance of such late charge by Lessor Landlord shall in no event constitute a waiver of LesseeTenant's Default or Breach default with respect to such overdue amount, nor prevent Lessor Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentrent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph 4 or any other provisions of this Lease to the contrary. See also Paragraph 19 regarding interest on past-due obligations.

Appears in 4 contracts

Samples: Imarx Therapeutics Inc, Imarx Therapeutics Inc, Imarx Therapeutics Inc

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 3 contracts

Samples: Sublease Agreement (Genoptix Inc), Intertrust Technologies Corp, Formfactor Inc

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. The parties Parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shallshaft, at Lessor's option, become due and payable quarterly in advance.

Appears in 3 contracts

Samples: Lease (Gsi Technology Inc), Lease (Gsi Technology Inc), Lease (Gsi Technology Inc)

Late Charges. Lessee hereby acknowledges that late ---------------------------- payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or any other sum due from Lessee shall not be received by Lessor or Lessor's designee designated agent within ten five (105) days after such amount shall be due, then, without any requirement for notice to Lesseeis due and owing, Lessee shall pay to Lessor a late charge equal to six five percent (65%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentrent, then rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph 4.1 Section 4.01 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 3 contracts

Samples: Lease (Interwoven Inc), At Home Corp, At Home Corp

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or any other sum due from Lessee shall not be received by Lessor or Lessor's ’s designee within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach ’s default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentrent, then rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph 4.1 paragraph 4 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 3 contracts

Samples: The Lease Agreement (TUTOR PERINI Corp), Patriot Motorcycle Corp, Patriot Motorcycle Corp

Late Charges. Lessee Tenant hereby acknowledges that late payment by Lessee Tenant to Lessor Landlord of rent and other sums due hereunder will cause Lessor Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor Landlord by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or other sum due from Lessee Tenant shall not be received by Lessor Landlord or Lessor's Landlord’s designee within ten five (105) days after such amount shall be due, then, without any requirement for notice to LesseeTenant, Lessee Tenant shall pay to Lessor Landlord a late charge equal to six ten percent (610%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor Landlord will incur by reason of late payment by LesseeTenant. Notwithstanding the foregoing, Landlord will not assess a 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. Acceptance of such late charge by Lessor be Landlord shall in no event constitute a waiver of Lessee's Tenant’s Default or Breach with respect to such overdue amount, nor prevent Lessor Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's Landlord’s option, become due and payable quarterly in advance.

Appears in 3 contracts

Samples: Ooma Inc, Ooma Inc, EGAIN Corp

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten five (105) days after receipt of notice from Lessor that such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor 40 will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 3 contracts

Samples: Marimba Inc, Marimba Inc, Marimba Inc

Late Charges. Lessee Tenant hereby acknowledges that late payment by Lessee Tenant to Lessor Landlord of rent and other sums due hereunder will cause Lessor Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor Landlord by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or other sum due from Lessee Tenant shall not be received by Lessor Landlord or Lessor's Landlord’s designee within ten five (105) days after such amount shall be due, then, without any requirement for notice to LesseeTenant, Lessee Tenant shall pay to Lessor Landlord a late charge equal to six ten percent (610%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor Landlord will incur by reason of late payment by LesseeTenant. Acceptance of such late charge by Lessor be Landlord shall in no event constitute a waiver of Lessee's Tenant’s Default or Breach with respect to such overdue amount, nor prevent Lessor Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's Landlord’s option, become due and payable quarterly in advance.

Appears in 3 contracts

Samples: ADESTO TECHNOLOGIES Corp, Opnext Inc, Rita Medical Systems Inc

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentrent, then rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph 4.1 paragraph 4 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.. 13.5

Appears in 3 contracts

Samples: Lease Modification (Immecor Corp), Lithia Motors Inc, Vantagemed Corp

Late Charges. Lessee hereby The sums and charges set forth in this Section 8 shall be “Additional Rent”. Tenant acknowledges that late payment by Lessee to Lessor (the third (3rd) day of rent each month or any time thereafter) of Rent and all other sums due hereunder hereunder, will cause Lessor Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs may include, but are not limited towithout limitation, processing and accounting charges, and late charges which that may be imposed upon Lessor on Landlord by the terms of any ground leasenote secured by any encumbrance against the Premises, mortgage or deed and late charges and penalties due to the late payment of trust covering real property taxes on the Premises. AccordinglyTherefore, if any installment of rent Rent or any other sum due from Lessee shall payable by Tenant is not be received by Lessor or Lessor's designee Landlord within ten three (103) days after such amount of the due date, Tenant shall be due, then, without any requirement for notice to Lessee, Lessee shall promptly pay to Lessor Landlord a late charge charge, as liquidated damages, in an amount equal to six five percent (65%) of such overdue amountdelinquent amount plus interest thereon at ten percent (10%) per annum, such interest to commence thirty (30) days after the original due date for such payment, for every subsequent month or portion thereof that such sums remain unpaid. If Tenant delivers to Landlord two (2) checks for which there are not sufficient funds, Landlord may require Tenant to replace such check with a cashier’s check for the amount of such check and all other charges payable hereunder. The parties hereby agree that such this late charge represents and the other charges referenced above represent a fair and reasonable estimate of the costs Lessor that Landlord will incur by reason of such late payment by LesseeTenant, excluding attorneys’ fees and costs. Acceptance of such any late charge by Lessor or other charges shall in no event not constitute a waiver by Landlord of Lessee's Default or Breach Tenant’s default with respect to such overdue the delinquent amount, nor prevent Lessor Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, available to Landlord for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision default of Tenant under this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advanceLease.

Appears in 2 contracts

Samples: And Attornment Agreement, Lease Agreement (Restoration Robotics Inc)

Late Charges. Lessee Tenant hereby acknowledges that late payment by Lessee Tenant to Lessor Landlord of rent and other sums due hereunder will cause Lessor Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor Landlord by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or other sum due from Lessee Tenant shall not be received by Lessor Landlord or Lessor's Landlord’s designee within ten five (105) days after such amount shall be due, then, without any requirement for notice to LesseeTenant, Lessee Tenant shall pay to Lessor Landlord a late charge equal to six ten percent (610%) of such overdue amount. However, no late charge shall be due until after the first late payment in any twelve (12) month period where Tenant is given a three (3) day written notice that the payment is late. So long as Tenant pays within that notice period, no late charge will be due on that payment. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor Landlord will incur by reason of late payment by LesseeTenant. Acceptance of such late charge by Lessor be Landlord shall in no event constitute a waiver of Lessee's Tenant’s Default or Breach with respect to such overdue amount, nor prevent Lessor Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's Landlord’s option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Accelrys, Inc., Symyx Technologies Inc

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after such amount shall be when due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Lease Agreement (Starbase Corp), Objectshare Inc

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs costs, include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten five (105) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, . Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: CCC Globalcom Corp, Lease Addendum (Incomnet Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and Base Rent, Lessee's Share of Operating Expenses or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be impracticable or extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the Premisesproperty. Accordingly, if any installment of rent Base rent, Operating Expenses, or any other sum due from Lessee shall not be received by Lessor or Lessor's designee designate within ten five (105) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor Lessor, in addition to the amount due, a late charge equal to six percent ten (610%) percent of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, at equity or by law, whether or not collected, for three (3) consecutive installments of Base Rentany of the aforesaid monetary obligations of Lessee, then Base Rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance. /s/ EAS Lessees Initials 14. Condemnation; Retroactive Building Code Changes.

Appears in 2 contracts

Samples: Quadrax Corp, Quadrax Corp

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, charges and late charges which may be imposed upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten fifteen (1015) days after such amount shall be it is due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six five percent (65%) of such overdue amount. The parties hereby agree that such late charge represents a fair and , plus any reasonable estimate of the costs attorneys' fees incurred by Lessor will incur by reason of Lessee's failure to pay rent or other charges when due hereunder; provided, that if Lessee pays any rent five (5) or more days late payment by Lesseeon three (3) or more occasions in any twelve-month period, then the aforementioned 15-day grace period shall, for the remainder of the term hereof, be reduced to five (5) days. Acceptance of such late charge charges by Lessor shall in no event not constitute a waiver of Lessee's Default or Breach default with respect to such overdue amount, nor amount or prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that Acceptance of late rent without collecting a late charge is payable hereunder, whether or shall not collected, for three (3) consecutive installments be a waiver of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advancerights under this Section.

Appears in 2 contracts

Samples: Antenna License Agreement (Infospace Inc), Antenna License Agreement (Go2net Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor lessor shall in no event constitute a waiver of Lessee's Default or Breach default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentrent, then rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph 4.1 paragraph 4 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Industrial Lease (Leiner Health Products Inc), Transgenomic Inc

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and Base Rent, Lessee's Share of Operating Expenses or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the PremisesProperty. Accordingly, if any installment of rent Base Rent, Operating Expenses, or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after written notice that such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentany of the aforesaid monetary obligations of Lessee, then Base Rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Progenitor Inc, Progenitor Inc

Late Charges. Lessee hereby acknowledges that late payment by Lessee Xxxxxx to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by LesseeXxxxxx. Acceptance of such late charge by Lessor shall in no event constitute a waiver of LesseeXxxxxx's Default or Breach default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentrent, then rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph 4.1 paragraph 4 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Iprint Com Inc, Specialty Laboratories

Late Charges. Lessee hereby acknowledges that a late payment made by Lessee to Lessor of rent Rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges charges, which may be imposed upon on Lessor by according to the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of base monthly rent or other sum due from Lessee shall monthly estimate of CAC is not be received by Lessor or Lessor's ’s designee within ten five (105) days after such amount shall be due, then, without is due or if any requirement for other Rent or other sum payable to Lessor is not received by Lessor or Lessor’s designee within thirty (30) days after Lessor delivers a written notice to Lessee, Lessee shall pay to Lessor a late charge equal to six five percent (65%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment payments made by Lessee. Acceptance of such late charge charges by Lessor shall in no event constitute a waiver of Lessee's Default or Breach ’s default with respect to such overdue amount, nor shall it prevent Lessor from exercising any of the other rights and remedies granted hereunder. In Notwithstanding the event above, no late charge will be incurred until after one written notice of late payment is given by Lessor in any twelve (12) month period. Even for that one notice, a late charge will be incurred unless the payment is payable hereunder, whether or not collected, for made within three (3) consecutive installments days of Base Rentreceipt of the notice. After the one notice, then notwithstanding Paragraph 4.1 or no notice will be required for any other provision of this Lease subsequent late payment for the next twelve (12) months thereafter for a late charge to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advancebe incurred.

Appears in 2 contracts

Samples: HTM Lease Agreement, Lease (Infoblox Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor Authority of rent and other sums due hereunder will cause Lessor Authority to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, charges and late charges which that may be imposed upon Lessor Authority by the terms of any ground lease, mortgage or deed of trust covering the PremisesMaster Lease. Accordingly, if any installment of rent or other sum due from Lessee shall not be received by Lessor or Lessor's designee Authority within ten (10) days after such amount shall be due, then, then without any requirement for notice to Lessee, Lessee shall pay to Lessor Authority a late charge equal to six ten percent (610%) of such overdue amount. The parties hereby agree that such a late charge represents a fair and reasonable estimate of the costs Lessor cost Authority will incur by reason of late payment by Lessee. Acceptance of such a late charge by Lessor Authority shall in no event constitute a waiver of Lessee's Default or Breach ’s default with respect to such overdue amount, nor prevent Lessor Authority from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of the Base Rent, then notwithstanding Paragraph 4.1 Article 3 or any other provision of this Lease to the contrary, the Base Rent shall, shall at Lessor's Authority’s option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Hangar Land Lease Agreement, Hangar Land Lease Agreement

Late Charges. Lessee Tenant hereby acknowledges that late payment by Lessee Tenant to Lessor Landlord of rent Rent and other sums due hereunder will cause Lessor Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges and late charges, and late charges which may be imposed upon Lessor Landlord by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent Rent or any other sum due from Lessee Tenant shall not be received by Lessor Landlord or LessorLandlord's designee within ten five (105) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee Tenant shall pay to Lessor Landlord a late charge equal to six ten percent (610%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor Landlord will incur by reason of late payment by LesseeTenant. Acceptance of such late charge by Lessor Landlord shall in no event constitute a waiver of LesseeTenant's Default or Breach default with respect to such an overdue amount, nor prevent Lessor Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base RentRent in any twelve (12) month period, then notwithstanding Paragraph 4.1 rent shall automatically become payable thereafter by (a) cashier's check, (b) cash, or (c) certified money order. In addition, Landlord reserves the right to increase the percentage or amount (as applicable) assessed as a late charge on any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advancefuture overdue amounts.

Appears in 2 contracts

Samples: Office Suite Lease Agreement (High Desert Holding Corp.), Office Suite Lease Agreement (High Desert Holding Corp.)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, charges and late charges which may be imposed upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or other sum due from Lessee shall not be received by Lessor or Lessor's designee designed within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, . Lessee shall pay to the Lessor a late charge equal to six percent (6%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Addendum One (Gametech International Inc), Lease Agreement (Gametech International Inc)

Late Charges. Should Lessee hereby acknowledges fail to pay, when due and payable, the minimum monthly rental or any additional rental, such unpaid amounts shall bear interest at the maximum legal rate from the date the debt was incurred to the date of ultimate payment. Said interest amount shall be in addition to, and not in lieu of, any late charge assessed for the debt incurred. Late charges shall not be included in calculating interest due. In addition to such interest, ?ILLEGIBLE? stipulates that the late payment by Lessee to Lessor of rent and other sums due hereunder any monthly rental/additional rental will cause Lessor to incur certain costs and expenses not contemplated ?ILLEGIBLE? by this Leasethe parties/lease hereto, the exact amount of which will be costs are extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the Premises. AccordinglyAs such, if any such installment of rent or other sum due from Lessee shall is not be received by Lessor or Lessor's designee from Lessee within ten five (105) days after such amount shall be due, then, without any requirement for notice to Lesseeof its due date, Lessee shall forthwith pay to Lessor as additional rent, a late charge equal to six of ten percent (610%) of such overdue amountthat amount due. The parties hereby Lessor and Lessee agree that such late charge represents a fair and reasonable estimate of such costs and expenses and is fair compensation to Lessor for the costs Lessor will incur loss caused by reason Xxxxxx's nonpayment. Payment(s) made by Lessee shall be applied by Lessor, subject to Xxxxxx's sole discretion, first to late charges incurred, then to common area maintenance/operating expense as additional rent, and lastly to base rent. Xxxxxx's acceptance of late payment by Lessee. Acceptance of such this late charge by Lessor shall in no event not constitute a waiver of LesseeXxxxxx's Default or Breach default with respect to such overdue amountnonpayment of the subject debt, nor prevent Lessor from exercising any of the all other rights and remedies granted hereunder. In the event that a late charge is payable hereunderrights, whether claims, or not collectedremedies, for three (3) consecutive installments of Base Rentknown or unknown, then notwithstanding Paragraph 4.1 available to Lessor pursuant to this lease or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advanceunder California or federal law.

Appears in 2 contracts

Samples: Assignment of Lease (Redenvelope Inc), Assignment of Lease (Redenvelope Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder Rent will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the PremisesLender. Accordingly, if any installment of rent or other sum due from Lessee Rent shall not be received by Lessor or Lessor's designee within ten (10) 5 days after such amount shall be duedue and within another 5 days after written notice by Lessor (however, Lessor shall only be required to provide a maximum of one written notice every two calendar years, otherwise no written notice is required), then, without any additional requirement for notice to Lessee, Lessee shall immediately pay to Lessor a one-time late charge equal to six percent (6%) % of each such overdue amountamount or $100, whichever is greater. The parties Parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of such late payment by Lesseepayment. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising the exercise of any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) 3 consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Amistar Corp), Purchase and Sale Agreement (Amistar Corp)

Late Charges. Lessee hereby acknowledges that a late payment made by Lessee to Lessor of rent Rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges charges, which may be imposed upon on Lessor by according to the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent Rent or any other sum due from Lessee shall is not be received by Lessor or Lessor's designee within ten (10) days after such amount shall be is due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent five (65%) percent of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment payments made by Lessee. Acceptance of such late charge charges by Lessor shall in no event constitute a waiver of Lessee's Default or Breach default with respect to such overdue amount, nor shall it prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a No more than once per calendar year, such late charge is shall not be due and payable hereunder, whether or not collected, for three (3) consecutive installments from Lessee if an installment of Base Rent, then notwithstanding Paragraph 4.1 Rent or any other provision of this Lease to the contrary, Base Rent shall, at sum due from Lessee is not received by Lessor or Lessor's option, become designee within said ten (10) day period after such amount is due and payable quarterly in advanceif Lessee delivers payment of such overdue amount within five (5) business days after Lessor's delivery of notice to Lessee that such overdue amount has not been received by Lessor.

Appears in 2 contracts

Samples: Mission West Properties/New/, Cisco Systems Inc

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder Rent will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the PremisesLender. Accordingly, if any installment of rent or other sum due from Lessee Rent shall not be received by Lessor or Lessor's designee within ten (10) We- (b) days after such amount shall be due, then, without any requirement for notice to Lessee, except that If Lessor has not received the rent within five (5) days, Lessor shall Inform Lessee via written notice, Lessee shall pay to Lessor a one-time late charge equal to six ten percent (610%) of each such overdue amount. The parties Parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of such late payment by Lesseepayment. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's ’s Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising the exercise of any of the other rights and remedies granted hereunder. In the event that a late charge is Is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's ’s option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Arbitration Agreement (Nextest Systems Corp), Arbitration Agreement (Nextest Systems Corp)

Late Charges. Lessee SUBLESSEE hereby acknowledges that late payment by Lessee SUBLESSEE to Lessor SUBLESSOR of rent Rent and other sums due hereunder will cause Lessor SUBLESSOR to incur costs not contemplated by this Lease, the exact amount of which are unknown and will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and ascertain other than such late charges which may be imposed upon Lessor on SUBLESSOR by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent Rent or any other sum sums due from Lessee SUBLESSEE shall not be received by Lessor SUBLESSOR or Lessor's SUBLESSOR'S designee within ten seven (107) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee SUBLESSEE shall pay to Lessor SUBLESSOR in addition to any late charges incurred by SUBLESSOR under any mortgage or deed of trust covering the Premises, a late charge equal to six ten percent (610%) of the amount(s) past due and additionally all such overdue amountinstallments of Rent or other sums due shall bear interest from the seventh day forward at the rate of One percent (1%) per month until paid in full. The parties hereby agree that such late charge charges represents a fair and reasonable estimate of the costs Lessor SUBLESSOR will incur by reason of late payment by LesseeSUBLESSEE. Acceptance of such late charge by Lessor SUBLESSOR shall in no event constitute a waiver of Lessee's Default or Breach SUBLESSEE'S default with respect to such overdue amount, nor prevent Lessor SUBLESSOR from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.G.

Appears in 2 contracts

Samples: 1 Agreement (American Aircarriers Support Inc), 1 Agreement (American Aircarriers Support Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within with ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentrent, then rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph 4.1 paragraph 4 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Optical Access Inc, Optical Access Inc

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, . and late charges which may be imposed upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Zytec Corp /Mn/, Zytec Corp /Mn/

Late Charges. Lessee Tenant hereby acknowledges that late payment by Lessee Tenant to Lessor Landlord of rent and other sums due hereunder will cause Lessor Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor on Landlord by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or any other sum due from Lessee Tenant shall not be received by Lessor Landlord or LessorLandlord's designee within ten (10) days after such amount shall be due, then, without any requirement for notice to LesseeTenant, Lessee Tenant shall pay to Lessor Landlord a late charge equal to six percent five (65%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor Landlord will incur by reason of late payment by LesseeTenant. Acceptance of such late charge by Lessor Landlord shall in no event constitute a waiver of LesseeTenant's Default or Breach default with respect to such overdue amount, nor prevent Lessor Landlord from exercising any of the other rights and remedies granted hereunder. In the event that If a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentrent, then rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph 4.1 paragraph 4 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Startup Lab Lease Agreement, Lease Agreement

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3three(3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Pets Com Inc, Pets Com Inc

Late Charges. Lessee Tenant hereby acknowledges that late payment by Lessee Tenant to Lessor Landlord of rent and other sums due hereunder will cause Lessor Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor Landlord by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or other sum due from Lessee Tenant shall not be received by Lessor Landlord or Lessor's Landlord’s designee within ten five (105) days after such amount shall be duedue (that provided, however that Tenant shall be entitled to notice, prior to the commencement of such five (5) day period, on the first (1st) occasion in any calendar year on which Tenant falls to timely pay an amount due hereunder), then, without any requirement for notice to LesseeTenant, Lessee Tenant shall pay to Lessor Landlord a late charge equal to six ten percent (610%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor Landlord will incur by reason of late payment by LesseeTenant. Acceptance of such late charge by Lessor be Landlord shall in no event constitute a waiver of Lessee's Tenant’s Default or Breach with respect to such overdue amount, nor prevent Lessor Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's Landlord’s option, become due and payable quarterly in advance; provided, however, that if Tenant subsequently pays such quarterly Base Rent in a timely fashion for four (4) consecutive calendar quarters, Rent shall thereafter be payable on a monthly basis.

Appears in 2 contracts

Samples: Responding Party (Penumbra Inc), Responding Party (Penumbra Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and Base Rent, Lessee's Share of Operating Expenses or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, to processing and accounting charges, and late charges which may be imposed upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the PremisesIndustrial Center. Accordingly, if any installment of rent Base Rent, Operating Expenses, or any other sum due from Lessee shall not be received by Lessor or to Lessor's designee within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentany of the aforesaid obligations of Lessee, then Base Rent shall automatically become due and payable quarter in advance, rather than monthly, notwithstanding Paragraph paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Coyote Sports Inc, Coyote Sports Inc

Late Charges. Lessee hereby acknowledges that a late payment made by Lessee to Lessor of rent Rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges charges, which may be imposed upon on Lessor by according to the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent Rent or any other sum due from Lessee shall is not be received by Lessor or Lessor's designee within ten five (105) days after such amount shall be is due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent five (65%) percent of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment payments made by Lessee. Acceptance of such late charge charges by Lessor shall in no event constitute a waiver of Lessee's Default or Breach default with respect to such overdue amount, nor shall it prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that Lessor shall allow two late payments during any 12 month period as a result of accounting errors and give Lessee a notice of delinquency and a five day cure period before any late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advanceimposed.

Appears in 2 contracts

Samples: Oni Systems Corp, Oni Systems Corp

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and Base Rent, Operating Expenses or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent Base Rent, Operating Expenses or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten five (105) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six ten percent (610%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentany of the aforesaid monetary obligations of Lessee, then Base Rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph Section 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Cepheid, International Microcircuits Inc

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or any other sum due from Lessee shall not be received by Lessor or Lessor's designee designated agent within ten five (105) business days after such amount shall be due, then, without any requirement for notice to Lesseeis due and owing, Lessee shall pay to Lessor a late charge equal to six five percent (65%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentrent, then rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph 4.1 Section 4.01 or any other provision of this Lease to the contrary. Lease provided that if no further late payments (and no other default) occur for a continuous six (6) month period, payment of Base Rent shall, at Lessor's option, become due and payable quarterly in advanceshall return to the original payment schedule.

Appears in 2 contracts

Samples: Informatica Corp, Informatica Corp

Late Charges. (#6) Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of or such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentrent, then rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph 4.1 paragraph 4 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Park Electrochemical Corp, Park Electrochemical Corp

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs includeInclude, but are not limited lim4ed to, processing and accounting charges, and late charges which may be imposed upon Lessor by the terms of any ground lease, mortgage or deed dead of trust covering trust.@tovering the Premises. ' Accordingly, if any installment of rent or other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten tan (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur Incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: DCH Technology Inc, DCH Technology Inc

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten five (105) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, . Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Exodus Sublease (Exodus Communications Inc), Vitria Technology Inc

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten five (105) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, amount nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Consolidated Capital of North America Inc, Consolidated Capital of North America Inc

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or other sum due from Lessee shall not be received by Lessor or Lessorlessor's designee within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. : In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Supergen Inc, Supergen Inc

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. ascertain Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. The parties Parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Futon World Inc, Futon World Inc

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten five (105) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentrent, then rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph 4.1 paragraph 4 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Wyman Plaza (Tsi International Software LTD), Coyote Sports Inc

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or any other sum due from Lessee shall not be received by Lessor or Lessor's designee ’s designated agent within ten five (105) business days after such amount shall be due, then, without any requirement for notice to Lesseeis due and owing, Lessee shall pay to Lessor a late charge equal to six five percent (65%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach ’s default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentrent, then rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph 4.1 Section 4.01 or any other provision of this Lease to the contrary, provided that if no further late payments (and no other default) occur for a continuous six (6) month period, payment of Base Rent shall, at Lessor's option, become due and payable quarterly shall return to the original payment schedule as described in advance.exhibit E.

Appears in 2 contracts

Samples: Agreement and Certificate (Openwave Systems Inc), Agreement and Certificate (Openwave Systems Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and or other sums due hereunder will cause Lessor to incur costs not contemplated by this Leaselease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, loss of discounts offered by vendors for prompt payment of bills, processing and accounting charges, and late charges which may be imposed upon Lessor by the terms of any ground lease, lease (wherein the Lessor has leased the land on which the Building is situated) or mortgage or trust deed of trust covering the Premisesleased premises and the Building. Accordingly, if any installment of rent or other any sum due from Lessee shall not be received by Lessor or Lessor's designee within ten five (105) days after such said amount shall be is due, then, without any requirement for notice to Lessee, then Lessee shall pay to Lessor a late charge equal to six the maximum amount permitted by law (or in the absence of any governing law, ten percent (610%) of such overdue amount), plus any attorneys' fees incurred by Lessor by reason of Lessee's failure to pay rent and/or other charges when due hereunder. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Lessor will incur by reason of the late payment by Lessee. Acceptance of such late charge charges by the Lessor shall in no event constitute a waiver of Lessee's Default or Breach default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Lease Agreement (Tangible Asset Gallaries Inc), Lease Agreement (Persistence Software Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after such amount shall be due, then, then without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether hereunder where or not collected, collected for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, shall at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Homestead Com Inc, Homestead Com Inc

Late Charges. Lessee hereby acknowledges ‌ In the event that late any payment by Lessee of Base Rent, Additional Costs or Impositions (to Lessor the extent the amount of rent and other sums such Impositions is due hereunder will cause Lessor to incur costs not contemplated by be paid to Landlord) shall become overdue beyond the due date thereof (or if no such date is set forth in this Lease, then such due date for purposes of this Article 6 shall be deemed to be the exact amount date upon which demand therefor is made (or if with respect to Impositions, the Due Date for such Impositions)), a late charge on the sums so overdue equal to the Involuntary Rate, for the period from the due date to the date of which actual payment, shall become due and payable to Landlord as liquidated damages for the administrative costs and expenses incurred by Landlord by reason of Tenant’s failure to make prompt payment. The late charges will be extremely difficult to ascertain. Such costs include, but are not limited to, processing considered Additional Costs and accounting charges, and late charges which may shall be imposed upon Lessor paid by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or other sum due from Lessee shall not be received by Lessor or Lessor's designee Tenant within ten (10) days Business Days after such amount demand. No failure by Landlord to insist upon the strict performance by Tenant of its obligations to pay late charges shall be due, then, without constitute a waiver by Landlord of its right to enforce the provisions of this Article 6 in any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amountinstance thereafter occurring. The parties hereby agree that provisions of this Article 6 shall not be construed in any way to extend the grace periods or notice periods provided for in Article 24, provided however, this Article 6 is subject to Tenant’s right to contest certain Additional Costs or Impositions, and no such late charge represents a fair will be incurred while Tenant is contesting any such matters in good faith and reasonable estimate of in accordance with the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision terms of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advanceLease.

Appears in 2 contracts

Samples: www.fairfaxcounty.gov, Comprehensive Agreement

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Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and Rentals or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be are impracticable or extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the PremisesPremises or any part of the Project. Accordingly, if any installment of rent Rentals or any other sum due from Lessee shall is not be received by Lessor or Lessor's designee within ten five (105) (days after such amount shall be duethe due date, then, without any requirement for notice to Lessee, then Lessee shall pay to Lessor Lessor, in each case, a late charge equal to six five percent (65%) of such overdue amount; provided, however, that with respect to the first and second such late payment in any twelve (12) month period during the Term, such late charge shall not be payable unless such late payment by Lessee shall not be cured within five (5) days following Lessee's receipt of written notice from Lessor of such late payment. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs cost that Lessor will incur by reason of late payment by Lessee. Acceptance of such any late charge charges by Lessor shall in no event constitute a waiver of Lessee's Default or Breach default with respect to such overdue amount, nor prevent Lessor from exercising any of the its other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of under this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advanceLease.

Appears in 2 contracts

Samples: Office Lease (Netgravity Inc), Office Lease (Doubleclick Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late date charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Meade Instruments Corp, Meade Instruments Corp

Late Charges. Lessee hereby acknowledges that a late payment made by Lessee to Lessor of rent Rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges charges, which may be imposed upon on Lessor by according to the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of base monthly rent or other sum due from Lessee shall monthly estimate of CAC is not be received by Lessor or Lessor's ’s designee within five (5) days after such amount is due (provided, however, that, on the first occasion in any calendar year that Lessee is delinquent in payment of base monthly rent or monthly estimate of CAC, Lessor shall give Lessee written notice thereof, and no late charge shall be payable so long as Lessee pays such past-due amount within three (3) days thereafter) or if any other Rent or other sum payable to Lessor is not received by Lessor or Lessor’s designee within ten (10) days after such amount shall be due, then, without any requirement for Lessor delivers a written notice to Lessee, Lessee shall pay to Lessor a late charge equal to six five percent (65%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment payments made by Lessee. Acceptance of such late charge charges by Lessor shall in no event constitute a waiver of Lessee's Default or Breach ’s default with respect to such overdue amount, nor shall it prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Agreement for Purchase and Sale of Real Property (Sipex Corp), Settlement Agreement and Release (Sipex Corp)

Late Charges. Lessee Sublessee hereby acknowledges that late payment by Lessee to Lessor Sublessee of rent and other sums due hereunder Rent will cause Lessor Sublessor to incur costs not contemplated by this Leasethe Sublease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, to processing and accounting charges, and late charges charges, which may be imposed upon Lessor Sublessor by the terms of any ground lease, mortgage or deed of trust covering the PremisesLender. Accordingly, if any installment Rent, under the terms of rent or other sum due from Lessee shall this Sublease, is not be received by Lessor or Lessor's designee Sublessor within ten five (105) days after such amount shall be due, then, without any requirement for notice to LesseeSublessee, Lessee Sublessee shall pay to Lessor Sublessor, a one-time late charge equal to six ten percent (610%) of each such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor Sublessor will incur by reason of such late payment by Lesseepayment. Acceptance of such late charge by Lessor Sublessor shall in no event constitute a waiver of Lessee's Sublessee Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising the exercise of any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease Sublease to the contrary, Base Rent shall, at Lessor's Sublessor’s option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Sublease (Switch & Data, Inc.), Agreement and Guaranty (Switch & Data, Inc.)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the [he Premises. Accordingly, if any installment of rent or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after such amount shall be due, on the first day of each month then, without any requirement for notice to Lessee, . Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor not prevent Lessor from exercising any of the other rights and remedies granted hereunder. , In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Single Tenant Lease (Microage Inc /De/), Microage Inc /De/

Late Charges. Lessee Tenant hereby acknowledges that late payment by Lessee Tenant to Lessor Landlord of rent and other sums due hereunder will cause Lessor Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor Landlord by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or other sum due from Lessee Tenant shall not be received by Lessor Landlord or Lessor's Landlord’s designee within ten five (105) days after such amount shall be duedue (that provided, however that Tenant shall be entitled to notice, prior to the commencement of such five (5) day period, on the first (1st) occasion in any calendar year on which Tenant fails to timely pay an amount due hereunder), then, without any requirement for notice to LesseeTenant, Lessee Tenant shall pay to Lessor Landlord a late charge equal to six ten percent (610%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor Landlord will incur by reason of late payment by LesseeTenant. Acceptance of such late charge by Lessor be Landlord shall in no event constitute a waiver of Lessee's Tenant’s Default or Breach with respect to such overdue amount, nor prevent Lessor Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's Landlord’s option, become due and payable quarterly in advance; provided, however, that if Tenant subsequently pays such quarterly Base Rent in a timely fashion for four (4) consecutive calendar quarters, Rent shall thereafter be payable on a monthly basis.

Appears in 2 contracts

Samples: Penumbra Inc, Penumbra Inc

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten ’s designated agent by the later of two (102) days after written notice of such failure is given or five (5) days after such amount shall be due, then, without any requirement for notice to Lesseeis due and owing, Lessee shall pay to Lessor a late charge equal to six ten percent (610%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach ’s default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentrent, then rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph 4.1 Section 4.01 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Sublease (PDL Biopharma, Inc.), Sublease (Biotech Spinco, Inc.)

Late Charges. Lessee Tenant hereby acknowledges that late payment by Lessee Tenant to Lessor Landlord of rent and any other sums due hereunder will cause Lessor Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor Landlord by the terms of any ground lease, the mortgage or deed of trust covering the Leased Premises. Accordingly, if any installment of rent or any other sum due from Lessee Tenant shall not be received by Lessor Landlord or Lessor's Landlord’s designee within ten five (105) days after such amount shall be due, then, without any requirement for notice to LesseeTenant, Lessee Tenant shall pay to Lessor Landlord a late charge equal to six percent (6%) % of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor Landlord will incur by reason of late payment by LesseeTenant. Acceptance of such late charge by Lessor Landlord shall in no event constitute a waiver of Lessee's Tenant’s Default or Breach with respect to such overdue amount, nor prevent Lessor Landlord from exercising any of the other rights and remedies granted hereunder. In , in the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contraryLease, Base Rent shall, at Lessor's Landlord’s option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: 1commercial Lease Agreement (Orange 21 Inc.), Commercial Lease Agreement (Orange 21 Inc.)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after such amount shall be due, then, without any requirement for notice notices to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Arterial Vascular Engineering Inc, Arterial Vascular Engineering Inc

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the PremisesProperty. Accordingly, if any installment of rent or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six three percent (63%) of such overdue amountarrearage. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In The parties agree that the event payment of late charges and the payment of interest as provided elsewhere herein are distinct and separate from one another in that a late charge the payment of interest is payable hereunder, whether or not collected, to compensate Lessor for three (3) consecutive installments the use of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due money by Lessee and payable quarterly in advancethe payment of late charges is to compensate Lessor for administrative and other expenses incurred by Lessor.

Appears in 2 contracts

Samples: Sunbelt Automotive Group Inc, Sunbelt Automotive Group Inc

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the me exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed Imposed upon Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten five (105) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by be Lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: American Custom Components Inc, American Custom Components Inc

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or any other sum xxx due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentrent, then rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph 4.1 paragraph 4 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 1 contract

Samples: Lease (Intellisys Group Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then then, notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 1 contract

Samples: Lease Agreement (Sunrise Telecom Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impractical to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the Premisespremises. Accordingly, if any installment of rent or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after such amount shall be due, then, due then without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six five percent (65%) of such overdue amountamount which may be treated as additional rent. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. The ten (10) day period is not a grace period. Lessor may make written demand for any rent unpaid on the second day of the month. The late charge shall be in addition to all other remedies available to Lessor. In the event that a late charge is payable hereunder, whether or not collected, collected for three (3) consecutive installments of Base Rentrent then rent shall, then in the discretion of Lessor, become due and payable upon written advance notice to Lessee quarterly in advance rather than monthly notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 1 contract

Samples: Commercial Lease (Pyramid Breweries Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) 4.5% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentrent, then rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph 4.1 paragraph 4 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 1 contract

Samples: Office Lease (Decrane Aircraft Holdings Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten five (105) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six five percent (65%) of such overdue amount. The parties Parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 1 contract

Samples: Commercial Lease (American Consolidated Management Group Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or to not collected, for three (3) consecutive installments of Base Rentrent, then rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph 4.1 paragraph 4 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 1 contract

Samples: Butterfield & Butterfield Auctioneers Corp

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, to processing and accounting charges, and late charges which may be imposed upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six five percent (65%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentrent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding paragraph #2 or any other provision or this Lease to the contrary.

Appears in 1 contract

Samples: Assignment and Assumption of Agreement (Biomarin Pharmaceutical Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6percent(6%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other their rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then the notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.. (Also see Addendum Section 13.4)

Appears in 1 contract

Samples: Improvement Agreement (Intek Information Inc)

Late Charges. Lessee Tenant hereby acknowledges that late payment by Lessee Tenant to Lessor Landlord of rent and other sums due hereunder will cause Lessor Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and administrative, processing, accounting charges, and late charges charges, which may be imposed upon Lessor on Landlord by the terms of any ground leasecontract ,revolving credit, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or any other sum due from Lessee Tenant shall not be received by Lessor Landlord or Lessor's Landlord’s designee within ten (10) days after such amount shall be due, thenand provided Tenant shall have received from Landlord notice that such sum has not been received by Landlord or its designee and Tenant fails to pay the same within three (3) days after receipt of such notice, without any requirement for notice to Lessee, Lessee Tenant shall pay to Lessor Landlord a late charge equal to six percent five (65%) percent of such overdue amountamount which shall be due and payable with the payment then delinquent. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor Landlord will incur by reason of late payment by LesseeTenant. Acceptance of such late charge by Lessor Landlord shall in no event constitute a waiver of Lessee's Default or Breach Tenant’s default with respect to such overdue amount, nor prevent Lessor Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentrent, then rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.. IT IS FURTHER MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS:

Appears in 1 contract

Samples: Lease Assignment Agreement (Supertex Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and Base Rent, Lessee's share of Operating Expenses or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the PremisesProperty. Accordingly, if any installment of rent Base Rent, Operating Expenses, or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten fifteen (1015) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) 4% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, . for three (3) consecutive installments of Base Rentany of the aforesaid monetary obligations of Lessee, then Base Rent shall automatically become due and payable quarterly in advance, rather than monthly notwithstanding Paragraph paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 1 contract

Samples: Ameriquest Technologies Inc

Late Charges. Lessee hereby acknowledges that late payment by Lessee In addition to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor by the terms in limitation of any ground leaseother remedies for non-payment of Rent, mortgage or deed any payment of trust covering the Premises. Accordingly, if any installment of rent or other sum due from Lessee shall Rent not be received by Lessor or Lessor's designee within ten (10) business days after such amount the date it is due (for example, with respect to Base Rent, the due date is the first of the month without the requirement of further notice) shall automatically be due, then, without any requirement for notice subject to Lessee, Lessee shall pay to Lessor a late charge equal to six five percent (65%) of the amount owing plus reasonable attorney’s fees incurred by Sublandlord by reason of Subtenant’s failure to pay Rent when due hereunder. Such late charge is a service charge intended to compensate Sublandlord for the additional administrative and other costs and expenses it incurs by reason of such overdue amountlate payment. The parties Subtenant hereby agree agrees that such late charge represents a fair and reasonable estimate of the costs Lessor that Sublandlord will incur by reason of the late payment of Rent by LesseeSubtenant. Acceptance of In addition to such late charge charge, any Rent owing hereunder which is not paid within thirty (30) days after the date it is due (including any grace periods hereunder or under the Master Lease) shall bear interest from the due date until paid at a rate equal to the lesser of ten percent (10%) per annum and the highest rate permitted by Lessor applicable law. Sublandlord shall in no event constitute a waiver of Lessee's Default or Breach not assess any charges under this Section 20 with respect to the first late payment in any given calendar year; provided that if Subtenant thereafter still fails to pay either (i) such overdue amount, nor prevent Lessor first amount within ten (10) days after subsequent written notice from exercising Sublandlord thereof or (ii) any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentsubsequent amounts owed as required under this Sublease, then notwithstanding Paragraph 4.1 or any other provision of this Lease to in either event, the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advancecharges may be assessed.

Appears in 1 contract

Samples: Sublease Agreement (Resources Connection Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentrent, then rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph 4.1 4 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 1 contract

Samples: Primex Technologies Inc

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the PremisesPromises. Accordingly, if any installment of rent or other sum due from Lessee shall not be received by Lessor or Lessor's Lassoes designee within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. The parties Parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur Incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 1 contract

Samples: Internet Golf Association Inc

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance. *REFER TO PARAGRAPH 52 BELOW.

Appears in 1 contract

Samples: Lessor and Lessee (Livingston Enterprises Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentrent, then rent shall automatically 7 become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph 4.1 paragraph 4 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 1 contract

Samples: Duraswitch Industries Inc

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or any other sum due from Lessee shall not be received by Lessor or Lessor's ’s designee within ten (10) business days after such amount shall be due, then, without any requirement for notice to Lesseereceiving written notice, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's ’s Default or Breach with respect to such overdue amount, nor no prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or of any other provision of this Lease to the contrary, Base Rent shall, at Lessor's ’s option, become due and payable quarterly in advance.

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, . but are not limited to, processing and accounting charges, and late charges which may be imposed upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, . Lessee shall pay to Lessor a late charge equal to six percent (6%) 10% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentrent, then rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph 4.1 paragraph 4 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 1 contract

Samples: Synthonics Technologies Inc

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur include costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten five (105) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late that payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, hereunder whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 1 contract

Samples: Emergent Group Inc/Ny

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor by the terms of any ground lease, lease mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten five (105) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three there (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 1 contract

Samples: Lease Agreement (Cryenco Sciences Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after notice from Lessor that such amount shall be was not received when due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. Notwithstanding the foregoing, if any installment of Rent or other sum due from Lessee shall not be received by Lessor within ten (10) days after such amount shall be due more than once in any twelve (12) month period, Lessor may impose the late charge provided hereinabove without any requirements for notice to Lessee. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 1 contract

Samples: Pharmchem Inc

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten five (105) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments Installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 1 contract

Samples: Dental Medical Diagnostic Systems Inc

Late Charges. Lessee hereby acknowledges that the late payment by Lessee to Lessor Base Rent, Lessee's Share of rent and Operating Expenses or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the PremisesIndustrial Center. Accordingly, if any installment of rent Base Rent, Operating Expenses, or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentany of the aforesaid monetary obligations of Lessee, then Base Rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 1 contract

Samples: Mobility Electronics Inc

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. The parties Parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance. See Addendum.

Appears in 1 contract

Samples: Natural Alternatives International Inc

Late Charges. Lessee Leases hereby acknowledges that late payment by Lessee to Lessor of rent and Base Rent, Lessee's Share of Operating Expenses or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the PremisesProperty. Accordingly, if any installment of rent Base Rent, Operating Expenses, or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a e waiver of Lessee's Default or Breach default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentany of the aforesaid monetary obligations of Lessee, then Base Rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 1 contract

Samples: Profile Technologies Inc

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and xxxx xnd other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if it any installment of rent or other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six ten percent (610%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such ox xxxx late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with Xxxxxx with- respect to such overdue Overdue amount, nor prevent Lessor from exercising any exercisixx xxx of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 1 contract

Samples: Empyrean Bioscience Inc

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after such amount shall be due, due or any other required payment is not made by Lessee within ten (10) days after notice from Lessor that the same is due then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentrent, then rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph 4.1 paragraph 4 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 1 contract

Samples: Industrial Lease (J&j Snack Foods Corp)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after such amount shall be due, then, upon the third (3/rd/) occurrence of any rent or sum so past due, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six five percent (65%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 1 contract

Samples: Agreement (Carbite Golf Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (1010 days) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 1 contract

Samples: Qad Inc

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