Common use of Late Charges Clause in Contracts

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 22 contracts

Samples: Office Lease (Scheid Vineyards Inc), Office Lease (Mission Community Bancorp), Office Lease (Jakks Pacific Inc)

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Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 on or before the date when due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to 6% ten percent (10%) of such overdue amountamount but not exceeding $250.00 if paid within 10 days of the original due date. 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 with respect to such overdue amount, amount nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 4 contracts

Samples: HTG Molecular Diagnostics, Inc, HTG Molecular Diagnostics, Inc, HTG Molecular Diagnostics, Inc

Late Charges. Lessee hereby acknowledges that a late payment made by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or 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 on Lessor by according to the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, base monthly rent or any 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 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 6% five percent (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 payments made by Lessee. Acceptance of such late charge charges by Lessor shall in no event constitute a waiver of Lessee's ’s default with respect to such overdue amount, nor shall it prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 4 contracts

Samples: Lease (Intevac Inc), Lease (Intevac Inc), DSP Group Inc /De/

Late Charges. Lessee hereby acknowledges that late payment by Lessee Xxxxxx to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, rent or any other sum due from Lessee shall not be received by Lessor or Lessor's ’s designee within ten on or before the date when due and after Lessor has provided a five (105) days after such amount shall be due, then, without any requirement for notice to Lesseeday written notice, Lessee shall pay to Lessor a late charge equal to 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 LesseeXxxxxx. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Xxxxxx’s default with respect to such overdue amount, amount nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 3 contracts

Samples: Basic Terms Sheet (Syncardia Systems Inc), Basic Terms Sheet (Syncardia Systems Inc), Basic Terms Sheet (Syncardia Systems Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase rent 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 on upon Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, rent or any other of a sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) 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 6% ten (10%) per cent of such overdue over due amount. 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 3 contracts

Samples: Lease (More Com Inc), Organic Inc, Organic Inc

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, rent or any other sum due from Lessee shall not be received by Lessor or Lessor's ’s designee within ten the (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 618% 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 with respect to such overdue amount, nor to prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 3 contracts

Samples: Lease (Local Matters Inc.), Lease (Local Matters Inc.), Lease (Local Matters Inc.)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 3 contracts

Samples: Office Lease (Total Film Group Inc), Us Search Corp Com, Us Search Corp Com

Late Charges. Lessee hereby acknowledges that late payment by ------------ Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or 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 on Lessor by the terms of any mortgage or trust deed covering encumbering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 duedue and such late payment occurs more than once in a calendar year, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to 62% of such overdue amountamount not so timely paid in each such calendar year. 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 with respect to such overdue amount, nor not prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 2 contracts

Samples: Graphic Controls Corp, Graphic Controls Corp

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's ’s Share of Operating Expense Increase 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if it any installment of Base Rent, Operating Expense Increase, or any other sum due from Lessee shall not be received by Lessor or Lessor's ’s designee within ten (10) days after when such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to 610% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 2 contracts

Samples: Standard Office Lease (Xencor Inc), Standard Office Lease (Xencor Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or rent and 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, processing and accounting charges, and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, or any other sum due from Lessee rent 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 63% 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 2 contracts

Samples: Industrial Lease (Strategic Diagnostics Inc/De/), Strategic Diagnostics Inc/De/

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase Expanses 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building office building Project. Accordingly, if any installment of Base Rent, Operating Expense IncreaseExpenses, 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, then without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 2 contracts

Samples: Lease Agreement (San Diego Soccer Development Corp), Standard Office Lease (San Diego Soccer Development Corp)

Late Charges. Notwithstanding anything contained in this Lease to the contrary, Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or 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, and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 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 no event constitute a waiver of Lessee's default default, with respect to such overdue amount, amount nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 2 contracts

Samples: Intercell Corp, Intercell Corp

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase minimum rent 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 any be imposed on upon Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rentrent or any, Operating Expense Increase, or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after such written notice that said amount shall be is past due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to 6% ten percent (10%) of such overdue amount, plus any attorney's 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Lessor's election not to include a demand for the payment of any such late charge in any notice to pay rent or quit shall not constitute a waiver by Lessor of its right to collect any such late charge.

Appears in 2 contracts

Samples: Crane Realty Services (Futon World Inc), Crane Realty Services (Futon World Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's ’s Share of Operating Expense Increase 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 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 with respect to such overdue amount, . nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 2 contracts

Samples: Standard Office Lease (Elastic N.V.), Standard Office Lease (Elastic N.V.)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase increase 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Operating Expense Increaseincrease, 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 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 2 contracts

Samples: Office Lease (Flycast Communications Corp), Macrovision Corp

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, LesseeXxxxxx's Share of Operating Expense Increase or other sums due hereunder will cause Lessor to incur 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 Imposed on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, . if any installment of Base Rent, Operating Expense Increase, 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 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. 14.

Appears in 2 contracts

Samples: California Software (California Software Corp), California Software (California Software Corp)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Operating Expense IncreaseExpenses, 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 6% ten (10%) 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 2 contracts

Samples: Office Lease (Loudeye Technologies Inc), Office Lease (Entertainment Boulevard Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or other sums due hereunder will cause Lessor to incur costs not contemplated by this the 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Operating Expense Increaseincrease, or any other sum due from Lessee shall not be received by Lessor or Lessee shall not be received by Lessor or Lessor's designee within ten then (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 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Office Lease (Cyberamerica Corp)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase 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 on Lessor by the terms term of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Operating Expense IncreaseExpenses, 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 lessee shall pay to Lessor a late charge equal to 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 no event constitute a waiver of Lessee's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Lessor will grant to Lessee a one-time exemption from this requirement provided the late payment is received by Lessor within twenty (20) days after written notice by Lessor.

Appears in 1 contract

Samples: Bea Systems Inc

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase rent 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 on upon Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of monthly Base Rent, Operating Expense Increase, Rent or any other sum estimated Direct Expenses due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after such said amount shall be dueis due or any other amount payable by Lessee is not received by the 10th day following delivery to Lessee of a delinquency notice, then, without any requirement for notice to Lessee, then Lessee shall pay to Lessor a late charge equal to 6% five (5%) percent of such overdue amount. 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Oacis Healthcare Holdings Corp

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectIndustrial Center. Accordingly, if any installment of Base Rent, Operating Expense IncreaseExpenses, 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 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 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 any of the aforesaid monetary obligations of Lessee, then Base 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.

Appears in 1 contract

Samples: Cavco Industries Inc

Late Charges. Lessee hereby acknowledges that late payment by Lessee Xxxxxx to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or 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 on upon Lessor by the terms of any ground lease, mortgage or deed of trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, rent 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% %) 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 Default or Breach with respect to such overdue amount, nor prevent Lessor Xxxxxx from exercising any of the other rights and remedies granted hereunder. Rent and other charges may be paid by electronic funds transfer.

Appears in 1 contract

Samples: Exercise of Option (Egghead Inc /Wa/)

Late Charges. Lessee hereby acknowledges that late payment payments by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase rent 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 on upon Lessor by the terms of any mortgage or trust deed covering the Office Building Projectpremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 dueits due date, then, without any requirement for notice to Lessee, then Lessee shall pay to Lessor a late charge equal to 6% the maximum amount permitted by law (and in the absence of any governing law, five percent of such overdue amount), plus any attorney's 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Lease Agreement (Value America Inc /Va)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or 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 on the Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, rent or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) 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 6% five 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 with respect to such overdue amount, nor prevent a Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Building E Lease (Xoma Corp /De/)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 the late charge equal to 6% imposed by any lender of Lessor in connection with the Premises, or 5%, whichever is less, of such overdue amount. The parties hereby agree that such late charge 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Schein Pharmaceutical Inc

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Operating Expense IncreaseExpenses, 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 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Office Lease (Quadramed Corp)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or other sums Sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain83certain. Such costs Costs include, but are not limited to, to processing and accounting charges, and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Operating Expense Increase, . 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 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 with respect to such overdue amount, . nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. 14.

Appears in 1 contract

Samples: Fee Agreement (Orange National Bancorp)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building building Project. Accordingly, if any installment of Base Rent, Operating Expense Expenses Increase, 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 requirements for notice to Lessee, Lessee shall pay to Lessor a late charge equal to 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Preview Systems Inc

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.. In the

Appears in 1 contract

Samples: Alpha Technologies Group Inc

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or rent and other sums due hereunder will cause Lessor to Lesxxx xx 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 on the Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, rent or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) 10 days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall Lesxxx xxall pay to Lessor a late charge equal to 6% five 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 with respect to such overdue amount, nor prevent Lessor a Xxxxxx from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Xoma Corp /De/

Late Charges. Lessee hereby acknowledges that a late payment made by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or 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 on Lessor by according to the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, base monthly rent or monthly estimate of CAC is not received by Lessor or Lessor's designee within five (5) days after such amount is due or if any other Rent or other sum due from Lessee shall payable to Lessor is not be 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 6% five percent (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 payments made by Lessee. Acceptance of such late charge charges by Lessor shall in no event constitute a waiver of Lessee's default with respect to such overdue amount, nor shall it prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Intevac Inc

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase 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 Imposed on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Office Lease (Impac Mortgage Holdings Inc)

Late Charges. Lessee hereby acknowledges that late payment by ------------ Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase increase 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Operating Expense Increaseincrease, or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten with five (105) days after written notice that such amount shall be due, due then, without any requirement for notice to Lessee, . Lessee shall pay to Lessor a late charge equal to 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Office Lease (Rambus Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase 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 Imposed on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Office Lease (American River Holdings)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 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 no event constitute a waiver of Lessee's default with respect to such overdue amount, amount nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Office Lease (Redding Bancorp)

Late Charges. Lessee hereby acknowledges that late payment by Lessee Lxxxxx to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 on or before the date when due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to 6five percent (5%) of such overdue amount; provided, however, that with respect to the third and any further late charges in any calendar year, such late charges shall be equal to 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 LesseeLxxxxx. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Lxxxxx’s default with respect to such overdue amount, amount nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Work Letter Agreement (PLBY Group, Inc.)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment Installment of Base Rent, Operating Expense IncreaseExpenses, 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 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Office Lease (Talarian Corp)

Late Charges. Lessee hereby acknowledges acknowledge that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Office Lease Gross American (Moai Technologies Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, or any other sum due from Lessee rent 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 63% 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Industrial Lease (Strategic Diagnostics Inc/De/)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase rent 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 on upon Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, rent or any other of a sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) 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 6% ten percent (10%) of such overdue over due amount. 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Organic Inc

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 6% of such overdue amount. The 4 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Uti Corp

Late Charges. Lessee hereby acknowledges that late payment by Lessee Xxxxxx to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 on or before the date when due, then, without any requirement for notice to Lessee, Lessee shall immediately pay to Lessor Lessor, without further notice or demand, a late charge equal to 6five percent (5%) of such overdue amount; provided, however, that with respect to the third and any further late charges in any calendar year, such late charges shall be equal to 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 LesseeXxxxxx. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Xxxxxx’s default with respect to such overdue amount, amount nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Lease Basic Terms Sheet

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if it' any installment of Base Rent, Operating Expense Increase, 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 6% ten percent (10%) of such overdue amount. Failure of Lessee to pay said late fee within five (5) days of its becoming due shall be deemed a breach of this Lease. 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 with respect to such overdue amount, amount nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Office Lease (California Independent Bancorp)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or 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 on upon Lessor by the terms of any ground lease, mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, rent or any other sum due from form 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 6% three percent (3%) 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 Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Spectratek Technologies Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 6% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs cost, 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Strasbaugh

Late Charges. Lessee hereby acknowledges acknowledged that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Printpack Inc

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase Excess Expenses or other sums Rent 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Operating Expense IncreaseLessee's share of Excess Expenses, or any other sum Rent due from Lessee shall not be received by Lessor or Lessor's designee within ten by the fifth (105th) days after such amount shall be day of any month in which Rental is due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to 6% ten percent (10%) 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Office Lease (Advancepcs)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase increase 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Office Lease (Intellisys Group Inc)

Late Charges. Lessor and Lessee hereby acknowledges agree that the fixing of actual damages for Lessee's breach of any of the provisions of this Lease including the late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, Lease the exact amount of which will be extremely difficult or impracticable to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if in the event any installment of Base Rent, Operating Expense Increase, rent or any other sum due from Lessee hereunder shall not be received by Lessor or Lessor's designee within ten (10) days after such amount shall may be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor as liquidated damages, a late charge equal to 6% One Hundred and Fifty Dollars ($150.00) per month, for as long as such installment of such overdue amountrent of any other sum due from Lessee remains unpaid. The parties hereby agree that such said late charge represents a fair and reasonable estimate of the costs cost Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event not constitute a waiver of Lessee's default with respect to such overdue amount, amount nor prevent Lessor from exercising any of the other rights and remedies granted hereunderprovided for in the Lease or by application of law.

Appears in 1 contract

Samples: Lease Agreement (Pacific Crest Capital Inc)

Late Charges. 20. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or rent and 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, processing and accounting charges, and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 6% eight percent (8%) 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 a late charge by Lessor shall in no event constitute a waiver of Lessee's default with respect to such overdue amount, nor prevent Lessor from exercising any and of the other rights and remedies granted hereunder.. SURRENDER OF LEASE

Appears in 1 contract

Samples: Connetics Corp

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase 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 end accounting charges, and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Office Building Buliding Project. Accordingly, if any installment of Base Rent, Operating Expense IncreaseExpenses, or any other sum due from Lessee shall not be received by Lessor or Lessor's Lessees 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 63% 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Office Lease (Biomerica Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Industrial Lease (Rosetta Inpharmatics Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's ’s Share of Operating Expense Increase increase 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 ’s default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Standard Office Lease (Axesstel Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or other sums Sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertainbe certain. Such costs Costs include, but are not limited to, to processing and accounting charges, and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Operating Expense Increase, . 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 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 with respect to such overdue amount, . nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. 14.

Appears in 1 contract

Samples: Fee Agreement (Orange National Bancorp)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Operating Expense IncreaseIncrease , 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 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Country Star Restaurants Inc

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, rent or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten twenty (1020) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall owe and shall pay to unto Lessor a late charge equal to 6% five percent (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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Lithia Motors Inc

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase increase 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 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 later charge by Lessor shall in no event constitute a waiver of Lessee's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Office Lease (Optimumcare Corp /De/)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase increases 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Lease (Universal Access Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or 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 on upon Lessor by the terms of any ground lease, mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, rent or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after Lessee's receipt of written notice that such amount shall be was not paid 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 Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Skechers Usa Inc

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, rent or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten the (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 618% 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 with respect to such overdue amount, nor to prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Colorado Business Bankshares Inc

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 requirements for notice to Lessee, Lessee shall pay to Lessor a late charge equal to 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Office Lease (Nettaxi Inc)

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Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Lease and Agreement (Authentic Specialty Foods Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or rent and other sums due hereunder will cause Lessor to incur costs cost 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 on Lessor Lesser by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: CFP Holdings Inc

Late Charges. Lessee hereby acknowledges that late payment by ------------ Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Operating Expense IncreaseExpenses, 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 6% five percent (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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Resonate Inc

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Office Lease (Pacific Crest Capital Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase 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 Suck costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectProperty. Accordingly, if any installment of Base Rent, Operating Expense IncreaseExpenses, 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 63% 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 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 any of the aforesaid monetary obligations of Lessee, then Base 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.

Appears in 1 contract

Samples: Industrial Lease (Burke Industries Inc /Ca/)

Late Charges. 20. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or rent and 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, processing and accounting charges, and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 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 no event constitute a waiver of Lessee's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.. SURRENDER OF LEASE

Appears in 1 contract

Samples: Cidco Inc

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or rent and other sums due hereunder will cause Lessor to Lexxxx xo 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 on or before the date when due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor pax xx Xessor a late charge equal to 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 no event constitute xxxxxxtute a waiver of Lessee's default with respect to such overdue amount, amount nor prevent Lessor prevenx Xxxxor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Luxtec Corp /Ma/

Late Charges. Lessee hereby acknowledges that late payment by ------------ Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase increase 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 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. 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Notify Corp

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's ’s Share of Operating Expense Increase 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Standard Office Lease (Notify Technology Corp)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase expenses, utility costs or other sums due hereunder hereunder, will cause Lessor to incur costs not contemplated by this Lease, Lease and the exact amount of which will be such costs are extremely difficult and impracticable to ascertainfix. Such costs include, but are not limited towithout limitation, processing and accounting charges, and late charges which that may be imposed on Lessor by the terms of any mortgage or trust deed covering note secured by any encumbrance against the Office Building ProjectPremises. AccordinglyTherefore, if any installment of Base Rent, Operating Expense Increase, Rent or any other sum sums due from Lessee shall is 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 sum equal to 6% ten percent (10%) of such overdue amountamount as a late charge. The parties hereby agree that such this late charge represents a fair and reasonable estimate of the costs that Lessor will incur by reason of late payment by Lessee. Acceptance of such any late charge by Lessor shall in no event not constitute a waiver of Lessee's default with respect to such the overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunderavailable to Lessor.

Appears in 1 contract

Samples: Lease Agreement (Monterey Pasta Co)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 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 ll in no event constitute a waiver of Lessee's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Lease Agreement (Mirage Holdings Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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, due then, without any requirement for upon 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Office Lease (Intrabiotics Pharmaceuticals Inc /De)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase 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 on Lessor by the ,he terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 6% of such overdue amount. 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Synthonics Technologies Inc

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Operating Expense IncreaseExpenses, 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 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Office Lease (Orthologic Corp)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, rent or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after such receipt of notice that amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Industrial Lease (Conceptus Inc)

Late Charges. Lessee LESSEE hereby acknowledges that late payment by Lessee LESSEE to Lessor LESSOR of Base Rent, Lessee's . LESSEE'S Share of Operating Expense Increase Expenses or other sums due hereunder will cause Lessor 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, to processing and accounting charges, and late charges which may be imposed on Lessor LESSOR by the terms of any mortgage or trust deed covering the Office Building ProjectProperty. Accordingly, if any installment of Base Rent, . Operating Expense IncreaseExpenses, or any other sum due from Lessee LESSEE shall not be received by Lessor LESSOR or Lessor's LESSOR'S designee within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee LESSEE. LESSEE shall pay to Lessor LESSOR a late charge equal to 6% of such overdue over due amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor LESSOR will incur by reason of late payment by LesseeLESSEE. Acceptance of such late ate charge by Lessor LESSOR shall in no event constitute a waiver of Lessee's LESSEE'S default with respect to such overdue amount, nor prevent Lessor 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 any of the aforesaid monetary obligations of LESSEE, then Base 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.

Appears in 1 contract

Samples: Applied Molecular Evolution Inc

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 6% five (5%) 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. Lessee Acceptance of such late charge by Lessor shall in no event constitute a waiver of LesseeLessor's default with respect to such overdue amount, . nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.. IT IS FURTHER MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS:

Appears in 1 contract

Samples: Lease Agreement (Mission West Properties/New/)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's ’s Share of Operating Expense Increase 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Operating Expense Increaseincrease, 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 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Office Lease Gross (Altris Software Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 6% of such overdue amount. The EXHIBIT "C" Initials: ______ PAGE 3 OF 6 GROSS -3- ______ 12 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 Lesseepayments. Lessee Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's default with respect to such overdue amount, nor amount to prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: First Aviation Services Inc

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectProperty. Accordingly, if any installment of Base Rent, Operating Expense IncreaseExpenses, 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 lessor a late charge equal to 6% of such overdue amountamont. 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Lease Agreement (T Netix Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or rent and other sums due hereunder will cause Lessor to incur costs cost 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Assignment of Lease (Viador Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Operating Expense Increase, or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten six (106) days after such amount shall be due, then, without any requirement requirements for notice to Lessee, Lessee shall pay to Lessor a late charge equal to 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Office Lease Gross (Interact Commerce Corp)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rentbase rent, Lessee's Share of Operating Expense Increase Expenses or other sums due hereunder will cause Lessor to incur costs 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rentbase rent, Operating Expense IncreaseExpenses, or any other sum rum 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 with respect to such overdue amount, amount nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Lease Acceptance Agreement (Coast Bancorp)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase 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 Costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Operating Expense Increaseincrease, or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) business 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 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Talarian Corp

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, . Lessee's Share of Operating Expense Increase or of other sums due hereunder thereafter 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectBuilding. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 6% ten (10%) 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. 14.

Appears in 1 contract

Samples: Lease Single (Idealab)

Late Charges. Lessee hereby acknowledges that late payment by Lessee ------------ to Lessor of Base Rent, Lessee's Share of Operating Expense Increase Additional Rent 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 on upon Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, Additional 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, the due date then Lessee shall pay to Lessor a late charge equal to 6% of such overdue amount. *** 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.. * ten (10) *** the lesser of five percent (5%) or the maximum amount permitted by law

Appears in 1 contract

Samples: Lease Agreement (Asymetrix Learning Systems Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or rent and 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, processing and accounting charges, and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, or any other sum due from Lessee rent shall not be received by Lessor or Lessor's ’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 63% 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Industrial Lease (Strategic Diagnostics Inc/De/)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Lessee's Share of Operating Expense IncreaseExpenses, Lessee's Tax Share 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 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Office Lease (Dental Medical Diagnostic Systems Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase rent 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 on upon Lessor by the terms of any mortgage or trust deed covering the Office Building Projectpremises. Accordingly, if any installment of Base Rentmonthly rent, Operating Expense Increase, additional rent or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after such that 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 6% ten (10) percent of such overdue amount, plus any attorney's 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 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 by the Lessor shall in no event constitute a waiver of Lessee's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.. 3.8

Appears in 1 contract

Samples: Micropoint Inc

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, rent or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after ’s designated agent when 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 6% five percent (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 any such late charge by Lessor shall in no event constitute a waiver of Lessee's ’s default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.. Notwithstanding the foregoing, Lessor will not assess a late charge until Lessor has given written notice of such late payment for the first

Appears in 1 contract

Samples: And Attornment Agreement (ViewRay, Inc.)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Operating Expense IncreaseExpenses, 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 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Office Lease (Simulations Plus Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase 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 that may be imposed on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 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 LesseeLessee and shall be paid as Additional Rent. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Office Lease (Combichem Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, . Lessee's Share of Operating Expense Increase 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 Imposed on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if it any installment Installment of Base Rent, Operating Expense Increase, . 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 lot notice to Lessee, Lessee shall pay to Lessor a late charge equal to 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Office Lease (Thermatrix Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 6% of such overdue amount. The parties hereby agree that such late fate 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. 14.

Appears in 1 contract

Samples: Northern Empire Bancshares

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase increase 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Operating Expense Increaseincrease, 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 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Office Lease (Chemdex Corp)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase 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 that may be imposed on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectIndustrial Center or any part thereof. Accordingly, if more than once during the Term any installment of Base Rent, Operating Expense IncreaseExpenses, 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 6% five percent (5%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Discovery Partners International Inc

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Operating Expense IncreaseExpenses, 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 68% 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Office Lease (Orthologic Corp)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Lease and Agreement (Authentic Specialty Foods Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 payments by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Lease (Voice Powered Technology International Inc)

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