Common use of Late Charges Clause in Contracts

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereof, Tenant shall pay to Landlord an additional sum of five percent (5%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Monthly Rent or and other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which will be extremely difficult and impractical to fixascertain. Such other costs include, without limitationbut are not limited to, administrative, processing, administrative and accounting charges charges, and late charges that charges, which may be imposed on Landlord by the terms of any mortgagecontract, revolving credit, mortgage or trust deed to secure debt, deed of trust or related loan documents encumbering covering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Monthly Rent or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by the due date thereofor Landlord's designee within ten (10) days after Tenant's receipt of written notice from Landlord that such amount is delinquent, Tenant shall pay to Landlord an additional sum of a late charge equal to five percent (5%) percent of the such overdue amount as a late charge, but in no event more than the maximum which late charge allowed by lawshall be due and payable with the payment then delinquent. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest by Landlord shall not in no event constitute a waiver of Tenant’s 's default with respect to the such overdue amount or amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.granted hereunder. IT IS FURTHER MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS:

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or rent and other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which will be extremely difficult and impractical to fixascertain. Such other costs include, without limitationbut are not limited to, processing, administrative processing and accounting charges charges, and late charges that which may be imposed on upon Landlord by the terms of any mortgageground lease, deed to secure debt, mortgage or deed of trust or related loan documents encumbering covering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent rent or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by the due date thereofor Landlord’s designee within ten (10) days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord an additional sum of a late charge equal to five percent (5%) of the such overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawamount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest by Landlord shall not in no event constitute a waiver of Tenant’s default Default with respect to the such overdue amount or amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord under granted hereunder. In the event that a late charge is payable hereunder, whether or not collected for three (3) consecutive installments of Base Rent, then notwithstanding Section 4.1 or any other provision of this Lease or to the contrary, Base Rent shall, at law or Landlord’s option, become due and payable quarterly in equity now or hereafter in effectadvance.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Monthly Basic Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Monthly Basic Rent or Operating Expenses or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereof, Tenant shall pay to Landlord an additional sum of five ten percent (510%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. In the event Tenant acknowledges that, in addition fails to interest costs, the late payments by Tenant to Landlord of pay any monthly installment of Base Rent, Additional Rent rent when due or in the event Tenant fails to make any other sums due payment for which Tenant is obligated under this Lease will cause when due, such late amount shall accrue interest and Tenant shall pay Landlord as additional rent such interest on such amount at the lesser of the Prime Rate (as defined below) plus two (2) percentage points or the maximum rate permitted by law (the "Interest Rate") from the date such amount became due until such amount is paid. "Prime Rate" shall mean the prime or reference rate announced by Bank of America, N.T.&S.A., from time to incur costs not contemplated time, or in the event such institution no longer makes commercial loans in Southern California, the then prevailing prime or reference rate announced by the three (3) largest banks (in terms of assets) in the United States. In addition, on any third (3rd) and subsequent occasion during a particular Lease Year which Landlord notifies Tenant in writing of a late payment of rent under this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereof, Tenant shall pay to Landlord an Landlord, as additional sum rent, concurrently with such late payment amount, or promptly upon receipt of five such third (3rd) or subsequent notice, whichever is later, a late charge equal to four percent (54%) of the overdue amount due to compensate Landlord for the extra costs incurred as a result of such late payment. Unless Landlord notifies Tenant in writing, within thirty (30) days following the due date of a payment, that Landlord is imposing such late charge, but in no event more than then Landlord shall waive the maximum right to impose such late charge allowed by lawcharge. The parties agree that such interest and late charge represents represent a fair and reasonable estimate of the costs detriment that Landlord will incur suffer by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a any such interest and late charge or interest shall not constitute a waiver of the Tenant’s 's default with respect to the overdue amount amount, or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effectLandlord.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Annual Basic Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the ProjectSite. Accordingly, if any monthly installment of Base Rent, Additional Annual Basic Rent or Excess Expenses or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereof, Tenant shall pay to Landlord an additional sum of five four percent (54%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s 's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s 's processing, administrative and other costs incurred by Landlord as a result of Tenant’s 's delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s 's default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereof, Tenant shall pay to Landlord an additional sum of five percent (5%) of the overdue amount as a one-time late charge, but in no event more than the maximum late charge allowed by lawLaw. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. The sums and charges set forth in this Section 8 shall be “Additional Rent”. Tenant acknowledges that, in addition to interest costs, that late payment (the late payments by Tenant to Landlord second (2nd) day of each month or any monthly installment time thereafter) of Base Rent, Additional Rent or and all other sums due under this Lease hereunder, will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs may include, without limitation, processing, administrative processing and accounting charges charges, and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering note secured by any encumbrance against the Premises, and late charges and penalties due to the Building or late payment of real property taxes on the ProjectPremises. AccordinglyTherefore, if any monthly installment of Base Rent, Additional Rent or any other amount sum payable by Tenant hereunder is not received by Landlord by the due date thereofwhen due, Tenant shall promptly pay to Landlord an additional sum of five percent (5%) of the overdue amount as a late charge, but as liquidated damages, in no event more than an amount equal to ten percent (10%) of such delinquent amount plus interest thereon at ten percent (10%) per annum for every month or portion thereof that such sums remain unpaid. Notwithstanding the maximum foregoing, Landlord waives the late charge allowed by lawfor the first (1st) instance during the Term in which Tenant fails to timely pay Rent, and interest shall not commence to accrue until the third (3rd) day following Landlord’s giving to Tenant its notice of default. If Tenant delivers to Landlord two (2) checks for which there are not sufficient funds, Landlord may require Tenant to replace such check with a cashier’s check for the amount of such check and all other charges payable hereunder. The parties agree that such this late charge represents and the other charges referenced above represent a fair and reasonable estimate of the costs that Landlord will incur by reason of any such late payment as hereinabove referred to by Tenant, excluding attorneys’ fees and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent paymentscosts. Acceptance of a any late charge or interest other charges shall not constitute a waiver by Landlord of Tenant’s default with respect to the overdue amount or delinquent amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord for any other default of Tenant under this Lease or at law or in equity now or hereafter in effectLease.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, regularly scheduled Additional Rent or any other amount payable by Tenant hereunder is not received by Landlord by within ten (10) days after the due date thereofdate, Tenant shall pay to Landlord an additional sum of five percent (5%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law; provided however, that Landlord will waive the first late charge in any Lease Year; provided, that Tenant pays such overdue amount within ten (10) business days after written notice thereof. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Monthly Rent or and other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which is extremely difficult and impractical to fixascertain. Such other costs include, without limitationinclude but are not limited to: administrative, processing, administrative and accounting charges accounting, and late charges that which may be imposed on Landlord by the terms of any contract, revolving credit, mortgage, or trust deed to secure debt, deed of trust or related loan documents encumbering covering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Monthly Rent or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by or its designee within five (5) days after the due date thereofrent is due, Tenant shall pay to Landlord an additional sum of a late charge equal to five percent (5%) percent of such overdue amount, which late charge shall be due and payable on the same date that the overdue amount as was due. Landlord agrees to provide Tenant a late charge, but in no event more than notice to pay rent or quit if the maximum Base Monthly Rent is not received when due and further agrees to waive said late charge allowed in the event all amounts set forth in such notice are paid in full by lawcashier's check within five (5) days after Landlord's service upon Tenant of such notice. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, excluding interest and attorneys fees and costs. If any rent or other sum due from Tenant remains delinquent for a period in excess of thirty (30) days then, in addition to such late charge, Tenant shall pay to Landlord interest on any rent that is not paid when due at the payment of late charges and interest are distinct and separate Agreed Interest Rate specified in that Section 19.J following the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred date such amount became due until paid. Acceptance by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest shall not constitute a waiver of Tenant’s 's default with respect to the such overdue amount or nor prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effectgranted hereunder.

Late Charges. Tenant acknowledges that, in addition to interest costs, the that late payments payment by Tenant of any amount owed to Landlord of any monthly installment of Base Rent, Additional Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical impracticable to fix. Such other costs include, without limitation, processing, administrative processing and accounting charges charges, time spent addressing the issue with Tenant, and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust encumbrance or related loan documents encumbering note secured by any encumbrance covering the Premises, the Building or the Project. AccordinglyTherefore, if any monthly installment of Base Rent, Additional Rent or any other amount payable by payment due from Tenant hereunder is not received by Landlord by the due date thereofwhen past due, Tenant shall pay to Landlord Landlord, as liquidated damages for Tenant’s failure to make such timely payment, an additional sum of five ten percent (510%) of the overdue amount Rent or other payment per month as a late charge. Notwithstanding the foregoing, but in no event not more than two (2) times in each twelve (12) month period (but not more than five (5) times during the maximum entire Term of the Lease), Landlord shall deliver to Tenant written notice that such amount is past due and owing, in which event such late charge allowed by lawfee shall not be due and owing unless such late amount is not paid within three (3) business days of the date of such written notice. The parties agree that such this late charge represents a fair and reasonable estimate of the administrative costs that Landlord will incur by reason of a late payment by Tenant. Acceptance of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or payment, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or Lease, at law or in equity now or hereafter in effectequity, including, but not limited to, the Interest Rate imposed pursuant to Section 22.2.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Monthly Basic Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Monthly Basic Rent or Expenses or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereof, Tenant shall pay to Landlord an additional sum of five six percent (56%) of the overdue amount as a late charge, but provided, however, no such late charge shall be payable for the first such instance in no event any twelve (12) month period unless such failure to pay continues for more than the maximum late charge allowed by lawthree (3) business days after written notice thereof. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Any and all sums or charges set forth in this Section 8 are considered part of Additional Rent. Tenant acknowledges that, in addition to interest costs, that late payment (the late payments fifth (5th) day of each month or any time thereafter) by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or and all other sums due under this Lease hereunder, will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs may include, without limitation, processing, administrative processing and accounting charges charges, and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering note secured by any encumbrance against the Premises, and late charges and penalties due to the Building or late payment of real property taxes on the ProjectPremises. AccordinglyTherefore, if any monthly installment of Base Rent, Additional Rent or any other amount sum payable by Tenant hereunder is not received by Landlord by within four (4) days of the due date thereofwhen due, Tenant shall promptly pay to Landlord an additional sum of five percent (5%) of the overdue amount as a late charge, but as liquidated damages, in no event more than an amount equal to seven percent (7%) of such delinquent amount plus interest on such delinquent amount at the maximum late charge allowed by lawrate equal to the prime rate plus three percent (3%) for every month or portion thereof that such sums remain unpaid. If Tenant delivers to Landlord a check for which there are not sufficient funds, Landlord may require Tenant to replace such check with a cashier’s check for the amount of such check. The parties agree that such this late charge represents and the other charges referenced above represent a fair and reasonable estimate of the costs that Landlord will incur by reason of any such late payment as hereinabove referred to by Tenant, excluding attorneys’ fees and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent paymentscosts. Acceptance of a any late charge or interest other charges shall not constitute a waiver by Landlord of Tenant’s default with respect to the overdue amount or delinquent amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord for any other breach of Tenant under this Lease or at law or in equity now or hereafter in effectLease.

Late Charges. Tenant hereby acknowledges that, that in addition to interest costslost interest, the late payments payment by Tenant to Landlord of rent or any monthly installment of Base Rent, Additional Rent or other sums due under this Lease hereunder will cause Landlord to incur other costs not contemplated by in this Lease, the exact amount of such costs being which will be extremely difficult and impractical impracticable to fixascertain. Such other costs include, without limitation, but are not limited to processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Projectcosts. Accordingly, if any monthly installment of Base Rent, Additional Rent rent or any additional rent or other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by the when such amount shall be due date thereof(without regard to any grace period prior to default granted in this Lease), Tenant shall pay to Landlord an as additional sum of five rent hereunder a late charge equal to ten percent (510%) of the such overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawamount. The parties hereby agree that (i) such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late in processing such past-due payment as hereinabove referred to by Tenant, (ii) such late charge shall be paid to Landlord as liquidated damages for each delinquent payment, and (iii) the payment of the late charges and interest are distinct and separate in that the payment of interest charge is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, additional administrative and other costs expense incurred by Landlord as a result of Tenant’s in handling and processing delinquent payments. Acceptance of a Notwithstanding the above, no late charge or interest shall on past due amounts will be charged if there have been fewer than two (2) incidences of late payment within the last twelve (12) months and not constitute a waiver more than five (5) incidences of Tenant’s default with respect to late payments since the overdue amount or prevent Landlord from exercising any beginning of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effectlease.

Late Charges. Landlord and Tenant acknowledges thatagree that the fixing of actual damages for Tenant's breach of any of the provisions of this Lease, in addition including but not limited to interest costs, the late payments payment by Tenant to Landlord of any monthly installment of Base Rentrent and other amounts due hereunder, Additional Rent or other sums due under this Lease will would cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which would be extremely difficult and impractical or impracticable to fixascertain. Such other costs include, without limitationinclude but are not limited to accounting, processing, administrative administrative, legal and accounting clerical charges and late charges that charge which may be imposed on upon Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering mortgage covering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent rent or any other amount payable by sum due from Tenant hereunder is has not been received by Landlord by the due date thereofor Landlord's agent within five (5) business days after such amount was due, Tenant shall pay to Landlord an additional sum of a late charge equal to five percent (5%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawany such delinquent installment of rent or any other delinquent sum due from Tenant. The parties agree Tenant hereby agrees that such said late charge represents a fair and reasonable estimate of the costs that cost Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest by Landlord shall not constitute a waiver of Tenant’s 's default with respect to the such overdue amount or nor prevent Landlord from exercising any of the other rights and remedies available to Landlord under provided for in this Lease or Lease, at law or in equity now or hereafter in effectequity. Tenant understands and agrees to the foregoing provisions relating to late charges.

Late Charges. Tenant acknowledges that, that in addition to interest costs, costs the late payments by Tenant to Landlord of any monthly installment of Base Rent, Basic Annual Rent Additional Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, include without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, mortgage deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, Accordingly if any monthly installment of Base Rent, Annual Basic Rent Additional Rent or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereof, Tenant shall pay to Landlord an additional sum of five percent (5%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, Landlord s processing administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Any and all sums or charges set forth in this Section 8 are considered part of Additional Rent. Tenant acknowledges that, in addition to interest costs, that late payment (the late payments sixth (6th) day of each month or any time thereafter) by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or other sums due under this Lease hereunder, will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical impracticable to fix. Such other costs include, without limitation, processing, administrative processing and accounting charges charges, and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering note secured by any encumbrance against the Premises, and late charges and penalties due to the Building or late payment of real property taxes on the ProjectPremises. AccordinglyTherefore, if any monthly installment of Base Rent, Additional Rent or any other amount payable by sum due from Tenant hereunder is not received by Landlord by within five (5) calendar days of the due date thereofdue, Tenant shall promptly pay to Landlord all of the following, as applicable: (a) an additional sum of five equal to seven percent (57%) of such delinquent amount plus interest on such delinquent amount at the overdue amount rate equal to the prime rate plus three percent (3%) for the time period exceeding thirty (30) days that such payments are delinquent as a late chargecharge for the first instance during any calendar year in which Landlord does not receive Rent within said five (5) day period. If Tenant delivers to Landlord a check for which there are not sufficient funds, but in no event more than Landlord may, at its sole option, require Tenant to replace such check with a cashier’s check for the maximum late charge allowed by lawamount of such check and all other charges payable hereunder. The parties agree that such this late charge represents and the other charges referenced above represent a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a any late charge or interest other charges shall not constitute a waiver by Landlord of Tenant’s default with respect to the overdue amount or delinquent amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord for any other breach of Tenant under this Lease or at law or in equity now or hereafter in effectLease.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of The Monthly Base Rent, Additional Rent Adjustments, and Rent Adjustment Deposits shall be due when specifically provided above. Except for such payments and late charges described below, which late charge shall be due when provided below (without notice or demand), all other sums payments required hereunder to Landlord shall be paid within ten (10) business days after Landlord’s demand therefor. All Rent and charges, except late charges, not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. In the event Landlord does not receive any installment of Rent when due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereof, Tenant shall pay Landlord a late charge equal to Landlord an additional sum of five percent (5%) of the overdue amount as a late chargedelinquent installment of Rent provided, but in no event more than however, that Tenant shall be entitled to notice and an additional three (3) business day grace period before the maximum imposition of the first late charge allowed by lawin any calendar year. The parties agree that the amount of such late charge represents a fair and reasonable estimate of the costs cost and expense that will be incurred by Landlord will incur in processing each delinquent payment of Rent by reason of any Tenant and that such late charge shall be paid to Landlord for each delinquent payment as hereinabove referred in addition to by Tenant, and all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for herein are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the use of Landlord’s money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, its additional administrative expenses in handling and other costs incurred by Landlord as a result of Tenant’s processing delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereofwithin five (5) business days after Landlord provides Tenant with notice that such amount is past due, Tenant shall pay to Landlord an additional sum of five percent (5%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.,

Late Charges. Tenant acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or and other sums due charges provided for under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical or impracticable to fix. Such other costs include, without limitationbut are not limited to, processing, administrative processing and accounting charges charges, and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering encumbrance and notes secured by any encumbrance covering the Premises, or late charges and penalties due to late payment of Real Property Taxes due on the Building or the ProjectPremises. AccordinglyTherefore, if any monthly installment of Base Rent, Additional Rent or any other amount payable by charge due from Tenant hereunder is not received by Landlord by within three (3) days of the due date thereofdate, Tenant shall pay to Landlord an additional sum of equal to five percent (5%) of the amount overdue amount as a late chargecharge for every month or portion thereof that the Rent or other charges remain unpaid, but in no event more than whether or not Landlord has given Tenant written notice of the maximum late charge allowed non-receipt of the Rent or other charges or has exercised any remedy herein provided for default by lawTenant. The parties agree that such this late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any the late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a any late charge or interest shall not constitute a waiver of Tenant’s 's default with respect to the overdue amount or amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effectLandlord.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Annual Basic Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Annual Basic Rent or Operating Expenses or any other amount payable by Tenant hereunder is not received by Landlord by within ten (10) days of the due date thereof, Tenant shall pay to Landlord an additional sum of five percent (5%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s 's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s 's processing, administrative and other costs incurred by Landlord as a result of Tenant’s 's delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s 's default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Monthly Basic Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Monthly Basic Rent or Operating Expenses or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereof, Tenant shall pay to Landlord an additional sum of five percent (5%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default (beyond the expiration of all applicable notice and cure periods) with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Monthly Rent or and other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which will be extremely difficult and impractical to fixascertain. Such other costs include, without limitationbut are not limited to, administrative, processing, administrative and accounting charges charges, and late charges that charges, which may be imposed on Landlord by the terms of any mortgagecontract, revolving credit, mortgage or trust deed to secure debt, deed of trust or related loan documents encumbering covering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Monthly Rent or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by the due date thereofor Landlord’s designee within ten (10) days after Tenant’s receipt of written notice from Landlord that such amount is due, Tenant shall pay to Landlord an additional sum of a late charge equal to five percent (5%) percent of the such overdue amount as a late charge, but in no event more than which shall be due and payable with the maximum payment then delinquent. Landlord agrees to waive said late charge allowed in the event the Base Monthly Rent or other sum due is received within five (5) days after receipt by lawTenant of Landlord’s written notice. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest by Landlord shall not in no event constitute a waiver of Tenant’s default with respect to the such overdue amount or amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord under granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Monthly Rent, then rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding any provision of this Lease or at law or in equity now or hereafter in effectto the contrary.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or and other sums due under this Lease will cause Landlord to incur additional costs not contemplated by this Lease, the exact amount of such costs being which will be extremely difficult and impractical or impossible to fixascertain. Such other additional costs include, without limitation, processing, administrative include processing and accounting charges and late charges that which may be imposed on upon Landlord by the terms of any mortgage, deed to secure debt, mortgage or deed of trust or related loan documents encumbering covering the Premises, the Building or the Project. AccordinglyTherefore, if any monthly installment of Base Rent, Additional Rent or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by within five (5) days after the due date thereofthat such amount is due, Tenant shall pay to Landlord an additional sum a late charge equal to the greater of five percent (5%a) $250.00, or (b) the highest maximum legal interest rate per annum permitted from time to time under applicable Colorado State Law, of the overdue amount as then delinquent amount. Such interest shall compound annually. Tenant will pay a late charge$75.00 handling fee to Landlord, but in no event more than the maximum late charge allowed by lawfor each returned bank check. The parties agree hereby acknowledge, warrant and represent that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest by Landlord shall not in no event constitute a waiver of Tenant’s default an Event of Default with respect to the such overdue amount or prevent Landlord from exercising any or all of the other rights and remedies available granted under this Lease. Casimir-Quince, LLC, Lease Agreement Page 9 of 36 In the event Tenant tenders a payment that is returned by the bank for insufficient funds or for any other reason the payment is not negotiated and/or deposited by bank, Tenant shall make all future payments to Landlord under this Lease by wire or at law electronic transfer, by cashier’s check or by an automatic payment from Tenant’s bank account to Landlord’s account, in equity now each case without cost to Landlord. The acceptance of late charges and returned check charges by Landlord will not constitute a waiver of any Tenant default nor any other rights or hereafter in effectremedies of Landlord. 5.

Late Charges. Tenant acknowledges that, in addition to interest costs, the that late payments by Tenant to Landlord payment of any monthly installment of Base Rent, Additional Rent or other sums due under this Lease will rent shall cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which shall be extremely difficult and impractical to fixascertain. Such other These costs include, without limitationbut are not limited to, processing, administrative processing and accounting charges charges, and late charges that which may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the ProjectSuperior Leases and Mortgages. Accordingly, subject to the provisions of this Section 31.6, if any monthly installment of Base Rent, Additional Monthly Rent or any other scheduled periodic monthly payment of additional rent (the timing and amount payable by of each has been provided to Tenant hereunder in writing reasonably in advance of the due date therefor) due from Tenant is not received by Landlord by or Landlord’s designee within five (5) days after the due date thereofamount is due, Tenant shall pay to Landlord an additional sum of five a late charge equal to two percent (52%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawamount. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment Acceptance of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease granted hereunder or at law or in equity now or hereafter equity. Notwithstanding any provision of this Lease to the contrary, Landlord shall not charge Tenant any such late charge for the first two (2) occurrences (“Grace Occurrences”) during any calendar year with respect to which a late charge would otherwise be payable hereunder so long as any such payment to which such Grace Occurrences would otherwise apply is paid in effectfull within five (5) days of delivery of written notice of the delinquency of such payment by Landlord to Tenant.

Late Charges. Tenant hereby acknowledges that, that in addition to interest costslost interest, the late payments payment by Tenant to Landlord of rent or any monthly installment of Base Rent, Additional Rent or other sums due under this Lease hereunder will cause Landlord to incur other costs not contemplated by in this Lease, the exact amount of such costs being which will be extremely difficult and impractical impracticable to fixascertain. Such other costs include, without limitation, but are not limited to processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Projectcosts. Accordingly, if any monthly installment of Base Rent, Additional Monthly Rent or any other amount payable by Tenant hereunder is Tenant's Estimate Operating Costs shall not be received by Landlord by prior to the due date thereofexpiration of the grace period applicable to such payment as provided in Subsection XX.A.(1) above, Tenant shall pay to Landlord an as additional sum of rent hereunder a one-time late charge equal to five percent (5%) of such overdue amount. In the overdue amount event that any other additional rent or other sum due from Tenant is not received by Landlord on or before the due date applicable to such payment, Tenant shall pay to Landlord as additional rent hereunder a late charge, but in no event more than the maximum one-time late charge allowed by lawequal to ten percent (10%) of such overdue amount. The parties hereby agree that (i) such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late in processing such past-due payment as hereinabove referred to by Tenant, (ii) such late charge shall be paid to Landlord as liquidated damages for each delinquent payment, and (iii) the payment of the late charges and interest are distinct and separate in that the payment of interest charge is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, additional administrative and other costs expense incurred by Landlord as a result of Tenant’s in handling and processing delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereof, Tenant shall pay to Landlord an additional sum of five three percent (53%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawLaw; provided, however, that such late payment charge shall not apply to the first time within any calendar year in which Tenant fails to pay any Rent within ten (10) Business Days after the date on which it is due. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default Default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or rent and other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which will be extremely difficult and impractical to fixascertain. Such other costs include, without limitationbut are not limited to, processing, administrative processing and accounting charges and late charges that which may be imposed on Landlord by the terms of any mortgage, mortgage or trust deed to secure debt, deed of trust or related loan documents encumbering covering the Premises, the Building or the ProjectProperty. Accordingly, if any monthly installment of Base Rent, Additional Rent rent or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by the due date thereofor Landlord’s designee within ten (10) days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord an additional sum of five a late charge equal to six percent (56%) of the such overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawamount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s default with respect to such overdue amount nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of rent, then rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding any other provision hereof to the contrary. The parties agree that the payment of late charges and the payment of interest as provided elsewhere herein are distinct and separate from one another in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while and the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs expenses incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effectLandlord.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent or any other amount payable by Tenant hereunder is not received by Landlord by within five (5) days following the due date thereof, Tenant shall pay to Landlord an additional sum of five ten percent (510%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawLaw. Notwithstanding the foregoing, Tenant shall be entitled to notice and the expiration of a five (5) day cure period prior to imposition of any late charge under this Section 22.7 one (1) time per calendar year; after such written notice has been provided to Tenant in a calendar year, Tenant shall not be entitled to any further notice prior to imposition of a late charge under this Section 22.7 in such calendar year. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s 's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s 's processing, administrative and other costs incurred by Landlord as a result of Tenant’s 's delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s 's default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law Law or in equity now or hereafter in effect.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to If Landlord does not actually receive payment of any monthly installment of Base Rent, Additional Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent or any other amount payable by Tenant hereunder sums due at the designated place of payment within ten (10) days after the date it is not received by Landlord by the due date thereofdue, Tenant shall pay to Landlord an additional sum of five percent (a Late Charge equal to 5%) % of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred due to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate reimburse Landlord for Landlord’s processing, administrative cost and other costs inconvenience incurred by Landlord as a result of Tenant’s delinquent paymentsdelinquency. Acceptance The Late Charge is a cost associated with the collection of Rent and Landlord's acceptance of a late charge Late Charge does not waive Landlord's right to exercise its rights and remedies, including those under Paragraph 24 (Remedies of Landlord) herein. If Tenant fails to pay (i) any monthly installment of Base Rent due under this Lease by the 10th day of the month when due, or interest (ii) or any other component of Rent within 10 days after the same is due as specified in this Lease, more than once in any consecutive three (3) month period, Tenant, upon the delivery of written notice to Tenant by Landlord ("Additional Deposit Notice"), shall not constitute a waiver pay to Landlord an amount equal to the then-current monthly installment of Base Rent (the “Additional Deposit”) to be held and applied by Landlord as an addition to the Security Deposit delivered by Tenant and held on account by Landlord upon Tenant’s default with respect execution of this Lease pursuant to the overdue amount or prevent Landlord from exercising subparagraph 3.H, below. Landlord’s requirement of any of the Additional Deposit shall be in addition to any and all other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effectLease. If Tenant does not deliver the Additional Deposit to Landlord within ten (10) days after the delivery of the Additional Deposit Notice, such failure shall be an event of default under this Lease.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent Tenant’s Share of Operating Expense increases, parking charges, after-hours HVAC charges, or other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which will be extremely difficult and impractical to fixascertain. Such other costs include, without limitationbut are not limited to, processing, administrative processing and accounting charges and late charges that which may be imposed on Landlord by the terms of any mortgage, mortgage or trust deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent Tenant’s Share of Operating Expense increases, parking charges, after-hours HVAC charges, or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by the due date thereofwhen such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord an additional sum of five a late charge equal to six percent (5%) of 6%)of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. monthly base rent.. The parties hereby agree that such late charge represents a fair and reasonable estimate of the additional costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest by Landlord shall not in no event constitute a waiver of Tenant’s default with respect to the such overdue amount or amount, nor prevent Landlord from exercising any of the other rights and remedies available to granted hereunder including the assessment of interest under Section 13.5. Notwithstanding, Landlord under this Lease shall waive its Late Charge one (1) time during any calendar year provided Landlord receives the Base Rent payment or at law or in equity now or hereafter in effectother non-payment within five (5) days from Landlord’s written notice that the payment was not received.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent rent or other sums due under this Parking Lot Lease will cause Landlord to incur costs not contemplated by this Parking Lot Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Parking Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent rent or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereof, Tenant shall pay to Landlord an additional sum of five percent (5%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Parking Lot Lease or at law or and/or in equity now or hereafter in effect.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Annual Basic Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Annual Basic Rent or Operating Expenses or any other amount payable by Tenant hereunder under this Lease is not received by Landlord by the due date thereofdate, Tenant shall pay to Landlord an additional sum of five ten percent (510%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. The parties Parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenantpayment, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s 's money by TenantXxxxxx, while the payment of late charges is to compensate Landlord for Landlord’s 's processing, administrative and other costs incurred by Landlord as a result of Tenant’s 's delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s 's default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Monthly Basic Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Monthly Basic Rent or Project Operating Expenses or any other amount payable by Tenant hereunder is not received by Landlord by within ten (10) days of the due date thereof, Tenant shall pay to Landlord an additional sum of five percent (5%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law; provided, however, no late charge shall apply to the first late payment in any calendar year during the Term. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s 's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s 's processing, administrative and other costs incurred by Landlord as a result of Tenant’s 's delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s 's default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Landlord and Tenant acknowledges thatagree that the fixing of actual damages for Tenant's breach of any of the provisions of this Lease, in addition including but not limited to interest costs, the late payments payment by Tenant to Landlord of any monthly installment of Base Rentrent and other amounts due hereunder, Additional Rent or other sums due under this Lease will would cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which would be extremely difficult and impractical or impracticable to fixascertain. Such other costs include, without limitationinclude but are not limited to accounting, processing, administrative administrative, legal and accounting clerical charges and late charges that which may be imposed on upon Landlord by the terms of any mortgage, deed to secure debt, deed Deed of trust or related loan documents encumbering Trust covering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent rent or any other amount payable by sum due from Tenant hereunder is has not been received by Landlord by the due date thereofor Landlord’s agent within five (5) business days after such amount was due, Tenant shall pay to Landlord an additional sum of a late charge equal to five percent (5%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawany such delinquent installment of rent or any other delinquent sum due from Tenant. The parties Landlord and Tenant hereby agree that such said late charge represents a fair and reasonable estimate of the costs that cost Landlord will would incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest by Landlord shall not constitute a waiver of Tenant’s default with respect to the such overdue amount or nor prevent Landlord from exercising any of the other rights and remedies available to Landlord under provided for in this Lease or Lease, at law or in equity now equity. Tenant understands and agrees to the foregoing provisions relating to late charges. If a late charge is payable by Tenant whether or hereafter not collected, for three (3) consecutive installments of rent, then the Monthly Rent and Operating Expenses and Real Estate Taxes shall automatically become due and payable to Landlord quarterly in effectadvance, notwithstanding any other provision of this Lease to the contrary.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent Tenant’s Share of Operating Expense increases, parking charges, after hours HVAC charges, or other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which will be extremely difficult and impractical to fixascertain. Such other costs include, without limitationbut are not limited to, processing, administrative processing and accounting charges and late charges that which may be imposed on Landlord by the terms of any mortgage, mortgage or trust deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent Tenant’s Share of Operating Expense increases, parking charges, after hours HVAC charges or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by the due date thereofwhen such amount shall be due, then, without any requirement for notice or demand to Tenant, Tenant shall immediately pay to Landlord an additional sum of a late charge equal to five percent (5%) of such overdue amount; provided, however, that Landlord shall waive the overdue amount as a late charge, but in no event more than the maximum late charge allowed one (1) time during each calendar year of the term of this Lease if Tenant pays all overdue sums within five (5) days after receipt of written notice by lawLandlord to Tenant advising Tenant that such payment is overdue. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest by Landlord shall not in no event constitute a waiver of Tenant’s default with respect to the such overdue amount or amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord granted hereunder including the assessment of interest under this Lease or at law or in equity now or hereafter in effectsection 13.5.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or rent and other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which will be extremely difficult and impractical to fixascertain. Such other costs include, without limitationbut are not limited to, administrative, processing, administrative and accounting charges charges, and late charges that charges, which may be imposed on Landlord by the terms of any mortgagecontract, revolving credit, mortgage or trust deed to secure debt, deed of trust or related loan documents encumbering covering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent rent or any other amount payable by sum due form Tenant hereunder is shall not be received by Landlord by or Landlord's designee within Ten (10) days after the due date thereofon which such payment was due, Tenant shall pay to Landlord an additional sum of five a late change equal to Five percent (5%) of such overdue amount, which late charge shall be due and payable on the same date that the overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawquestion was due. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest by Landlord shall not in no event constitute a waiver of Tenant’s 's default with respect to the such overdue amount or nor prevent Landlord from form exercising any of the other rights and remedies available to Landlord under granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) installments of Base Monthly Rent, then rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding any provision of this Lease or at law or in equity now or hereafter in effectto the contrary. In the event of a natural disaster affecting the Premises this paragraph 6. does not apply.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the ProjectCentre. Accordingly, if any monthly installment of Base Rent, Additional Rent or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereof, Tenant shall pay to Landlord an additional sum of five percent (5%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect. Landlord agrees to waive interest and late charges with regard to the first delinquent installment of Rent due hereunder, in any calendar year, provided that Landlord receives such amount in full within five (5) business days after written notice from Landlord.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Monthly Rent or and other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which is extremely difficult and impractical to fixascertain. Such other costs include, without limitationinclude but are not limited to: administrative, processing, administrative and accounting charges accounting, and late charges that which may be imposed on Landlord by the terms of any contract, revolving credit, mortgage, or trust deed to secure debt, deed of trust or related loan documents encumbering covering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Monthly Rent or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by or its designee within ten (10) days after the due date thereofrent is due, Tenant shall pay to Landlord an additional sum of a late charge equal to five percent (5%) percent of such overdue amount, which late charge shall be due and payable on the same date that the overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawwas due. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, excluding interest and attorneys fees and costs. If any rent or other sum due from Tenant remains delinquent for a period in excess of thirty (30) days then, in addition to such late charge, Tenant shall pay to Landlord interest on any rent that is not paid when due at the payment of late charges and interest are distinct and separate Agreed Interest Rate specified in that Section 19.J following the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred date such amount became due until paid. Acceptance by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest shall not constitute a waiver of Tenant’s default with respect to the such overdue amount or nor prevent Landlord from exercising any of the other rights and remedies available to Landlord under granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Monthly Rent, then the Base Monthly Rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding any provision of this Lease or at law or in equity now or hereafter in effectto the contrary.

Late Charges. Tenant acknowledges acknowledged that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Monthly Basic Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Monthly Basic Rent or Operating Expenses or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereof, Tenant shall pay to Landlord an additional sum of five ten percent (510%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent (including Percentage Rent, Additional Rent ) or other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which is extremely difficult and impractical to fixascertain. Such other costs include, without limitationbut are not limited to, processing, administrative processing and accounting charges charges, and late charges that which may be imposed on upon Landlord by the terms of any mortgage, deed to secure debt, mortgage or deed of trust or related loan documents encumbering covering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by the due date thereofor Landlord's designee within ten (10) days after written notice from Landlord to Tenant that said amount is due, then Tenant shall pay to Landlord an additional sum of a late charge equal to five percent (5%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawamount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any the late payment as hereinabove referred to of Rent by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest such latx xxxrge by Landlord shall not in no event constitute a waiver of Tenant’s 's default with respect to the such overdue amount or amount, nor prevent Landlord from exercising any of the other rights and remedies available granted hereunder. The late charge shall be deemed Additional Rent and the right to Landlord under this Lease require it shall be in addition to all of Landlord's other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord's remedies in equity now any manner. In addition to the late charge described above, any Rent or hereafter in effectother amounts owing hereunder which are not paid within ten (10) days after written notice from Landlord to Tenant that they are due shall bear interest from the date when due until paid at a rate per annum equal to the then prime rate established by the Federal Reserve plus three percent (3%) ("Interest Rate").

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or rent and other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which will be extremely difficult and impractical to fixascertain. Such other costs include, without limitationbut are not limited to, processing, administrative processing and accounting charges and late charges that which may be imposed on Landlord by the terms of any mortgage, mortgage or trust deed to secure debt, deed of trust or related loan documents encumbering covering the Premises, the Building or the ProjectProperty. Accordingly, if any monthly installment of Base Rent, Additional Rent rent or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by the due date thereofor Landlord’s designee within ten (10) days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord an additional sum of five a late charge equal to six percent (56%) of the such overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawamount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s default with respect to such overdue amount nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of rent, then rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding any other provision hereof to the contrary. The parties agree that the payment of late charges and the payment of interest as provided elsewhere herein are distinct and separate from one another in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while Tenant and the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs expenses incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effectLandlord.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent rent or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereof, Tenant shall pay to Landlord an additional sum of five ten percent (510%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law; provided, however, for the first two (2) times in any consecutive twelve (12) month period, such late charge shall not be payable unless Tenant fails to make such payment within three (3) days following the date Tenant receives written notice from Landlord that such Rent is past due. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s 's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s 's processing, administrative and other costs incurred by Landlord as a result of Tenant’s 's delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s 's default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Landlord and Tenant acknowledges thatagree that the fixing of actual damages for Tenant’s breach of any of the provisions of this Lease, in addition including but not limited to interest costs, the late payments payment by Tenant to Landlord of any monthly installment of Base RentRent and other amounts due hereunder, Additional Rent or other sums due under this Lease will would cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which would be extremely difficult and impractical or impracticable to fixascertain. Such other costs include, without limitationinclude but are not limited to accounting, processing, administrative administrative, legal and accounting clerical charges and late charges that charge which may be imposed on upon Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering mortgage covering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent or any other amount payable by sum due from Tenant hereunder is has not been received by Landlord by the due date thereofor Landlord’s agent within five (5) days after such amount was due, Tenant shall pay to Landlord an additional a late charge in the form of interest on the delinquent installment of Rent or any other delinquent sum of five due from Tenant equal to two percent (52%) of per annum plus the overdue so called “Prime Rate” published in The Wall Street Journal, as the same may change from time to time, not to exceed the highest rate then allowed under applicable usury laws, computed from the date any such amount as a late charge, but in no event more than became due through and including the maximum late charge allowed by lawdate such amount is fully paid. The parties agree Tenant hereby agrees that such said late charge represents a fair and reasonable estimate of the costs that cost Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest by Landlord shall not constitute a waiver of Tenant’s default with respect to the such overdue amount or nor prevent Landlord from exercising any of the other rights and remedies available to Landlord under provided for in this Lease or Lease, at law or in equity now or hereafter in effectequity. Tenant understands and agrees to the foregoing provisions relating to late charges.

Late Charges. The sums and charges set forth in this Section 8 shall be “Additional Rent”. Tenant acknowledges that, in addition to interest costs, that late payment (the late payments by Tenant to Landlord second (2nd) day of each month or any monthly installment time thereafter) of Base Rent, Additional Rent or and all other sums due under this Lease hereunder, will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs may include, without limitation, processing, administrative processing and accounting charges charges, and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering note secured by any encumbrance against the Premises, and late charges and penalties due to the Building or late payment of real property taxes on the ProjectPremises. AccordinglyTherefore, if any monthly installment of Base Rent, Additional Rent or any other amount sum payable by Tenant hereunder is not received by Landlord by the due date thereofwhen due, Tenant shall promptly pay to Landlord a late charge, as liquidated damages, in an additional sum of amount equal to five percent (5%) of such delinquent amount plus interest thereon at ten percent (10%) per annum for every month or portion thereof that such sums remain unpaid. Notwithstanding the overdue amount as foregoing, in the first instance each calendar year wherein Tenant is late in making a late chargepayment to Landlord of Rent or any other sums payable by Tenant hereunder, but in no event more than the maximum foregoing late charge allowed by lawshall not be assessed until three (3) days after Tenant is sent written notice (which notice may be via electronic mail and does not have to be in conformance with the requirements of Section 29.9 below) that such Rent or other amount is past due. The parties agree that such this late charge represents and the other charges referenced above represent a fair and reasonable estimate of the costs that Landlord will incur by reason of any such late payment as hereinabove referred to by Tenant, excluding attorneys’ fees and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent paymentscosts. Acceptance of a any late charge or interest other charges shall not constitute a waiver by Landlord of Tenant’s default with respect to the overdue amount or delinquent amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord for any other default of Tenant under this Lease or at law or in equity now or hereafter in effectLease.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereofwithin five (5) days of when due, Tenant shall pay to Landlord an additional sum of five percent (5%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Notwithstanding the foregoing, Tenant shall not be required to pay the late charge on the first (1st) late payment of Base Rent, Additional Rent or other sums due under this Lease, in any twelve (12) month period, provided that such late payment is paid not later than five (5) days after the Tenant receives notice of such late payment. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Monthly Rent or and other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which is extremely difficult and impractical to fixascertain. Such other costs include, without limitationinclude but are not limited to: administrative, processing, administrative and accounting charges accounting, and late charges that which may be imposed on Landlord by the terms of any contract, revolving credit, mortgage, or trust deed to secure debt, deed of trust or related loan documents encumbering covering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Monthly Rent or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by or its designee within ten (10) days after the due date thereofrent is due, Tenant shall pay to Landlord an additional sum of a late charge equal to five percent (5%) percent of such overdue amount, which late charge shall be due and payable on the same date that the overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawwas due. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, excluding interest and attorneys fees and costs. If any rent or other sum due from Tenant remains delinquent for a period in excess of thirty (30) days then, in addition to such late charge, Tenant shall pay to Landlord interest on any rent that is not paid when due at the payment of late charges and interest are distinct and separate Agreed Interest Rate specified in that Section 21.J following the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred date such amount became due until paid. Acceptance by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest shall not constitute a waiver of Tenant’s default with respect to the such overdue amount or nor prevent Landlord from exercising any of the other rights and remedies available to Landlord under granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Monthly Rent, then the Base Monthly Rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding any provision of this Lease or at law or in equity now or hereafter in effectto the contrary, After four (4) quarterly installments have been paid on time, rent shall again be payable monthly.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Basic Annual Rent, Additional Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Annual Basic Rent, Additional Rent or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereof, Tenant shall pay to Landlord an additional sum of five percent (5%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent Tenant’s Share of Operating Expense or Real Property Tax increases, parking charges, Non-Business Hours HVAC Charges, or other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which will be extremely difficult and impractical to fixascertain. Such other costs include, without limitationbut are not limited to, processing, administrative processing and accounting charges and late charges that which may be imposed on Landlord by the terms of any mortgage, mortgage or trust deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent Tenant’s Share of Operating Expense or Real Property Tax increases, parking charges, Non-Business Hours HVAC Charges or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by the due date thereofwhen such amount shall be due, then, without any requirement for notice or demand to Tenant, Tenant shall immediately owe and pay to Landlord an additional sum of five a late charge equal to six percent (56%) of the such overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawamount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest by Landlord shall not in no event constitute a waiver of Tenant’s default with respect to the such overdue amount or amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord granted hereunder including the assessment of interest under this Lease or at law or in equity now or hereafter in effectSection 13.5.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent Tenant’s Share of Operating Expenses or other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which will be extremely difficult and impractical to fixascertain. Such other costs include, without limitationbut are not limited to, processing, administrative processing and accounting charges charges, and late charges that may be imposed on Landlord by the terms of any mortgage, mortgage or trust deed to secure debt, deed of trust covering the Industrial Center or related loan documents encumbering the Premises, the Building or the Projectany part thereof. Accordingly, if any monthly installment of Base Rent, Additional Rent Operating Expenses, or any other amount payable by sum due from Tenant hereunder is not received by Landlord by the due date thereofor Landlord’s designee within ten (10) days after such amount is due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord an additional sum of five a late charge equal to six percent (56%) of the such overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawamount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest by Landlord shall not in no event constitute a waiver of Tenant’s default with respect to the such overdue amount or amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord under 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 Tenant, 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 or at law or in equity now or hereafter in effectto the contrary.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Annual Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Annual Rent or any other amount payable by Tenant hereunder is not received by Landlord by within five (5) days after the due date thereof, Tenant shall pay to Landlord an additional sum of five four percent (54%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s 's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s 's processing, administrative and other costs incurred by Landlord as a result of Tenant’s 's delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s 's default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Tenant acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of rent or any monthly installment of Base Rent, Additional Rent or other sums payment due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative processing and accounting charges charges, and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering encumbrance and note secured by any encumbrance covering the Premises, the Building or the Project. AccordinglyTherefore, if any monthly installment of Base Rentrent, Additional Rent or any other amount payable by payment due hereunder from Tenant hereunder is not received by Landlord by the due date thereofwhen due, Tenant shall pay to Landlord an additional sum of five ten percent (510%) of the overdue amount such rent or other charge as a late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such this late charge represents a fair and reasonable estimate of the costs cost that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a any late charge or interest shall not constitute a waiver of Tenant’s Tenant default with respect to the overdue amount amount, or prevent Landlord from exercising any of the other rights and or remedies available to Landlord. Notwithstanding the foregoing, Landlord shall give Tenant notice of non-payment of any Minimum Monthly Rent, Additional Rent or other payments required of Tenant under this Lease one (1) time in each calendar year before assessing a late charge, and any late charge assessed for the first infraction (after the payment corresponding to the first notice) under this Lease shall be in the lesser amount of five percent (5%) of the delinquent rent or at law or in equity now or hereafter in effectother charge.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Annual Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Annual Rent or any other amount payable by Tenant hereunder is not received by Landlord by within five (5) days after the due date thereof, Tenant shall pay to Landlord an additional sum of five four percent (54%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Annual Basic Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the ProjectSite. Accordingly, if any monthly installment of Base Rent, Additional Annual Basic Rent or Excess Expenses or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereof, Tenant shall pay to Landlord an additional sum of five ten percent (510%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s 's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s 's processing, administrative and other costs incurred by Landlord as a result of Tenant’s 's delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s 's default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Tenant acknowledges that, recognizes that late payment of any Rent will result in addition extra administrative expense to interest costsLandlord and Landlord's inability to meet its financial commitments. The extent of this additional expense and other damage to Landlord is extremely difficult and economically impractical to ascertain. Tenant therefore agrees that if any Rent remains unpaid three (3) days after Landlord has provided written notice to Tenant that the same is due, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical unpaid Rent shall be increased by a late charge to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on paid to Landlord by the terms of any mortgage, deed Tenant in an amount equal to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereof, Tenant shall pay to Landlord an additional sum of five fifteen percent (515%) of the overdue amount as a late charge, but in no event more than of the maximum amount due. The amount of the late charge allowed to be paid to Landlord by lawTenant on any unpaid Rent shall be reassessed and added to Tenant's obligations for each successive monthly period accruing after the date on which the late charge is initially imposed. The parties agree Tenant agrees that such late charge represents amount is a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred loss and expense to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred be suffered by Landlord as a result of Tenant’s delinquent paymentssuch late payment by Tenant and may be charged by Landlord to defray such loss and expense. Acceptance If the amount of a any late charge or interest charges due hereunder exceed the amounts allowed by law, then such late charges shall be reduced to the maximum allowed by law. The provisions of this Paragraph 3(c) shall not constitute be construed to grant Tenant a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any grace period and shall in no way relieve Tenant of the other rights and obligation to pay any amount of Rent on or before the date on which it becomes due, nor do the terms of this Paragraph in any way affect Landlord's remedies available pursuant to Landlord under this Lease or at law or in equity now or hereafter in effectParagraph 18 if any Rent is unpaid after the date due.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to If Landlord does not actually receive payment of any monthly installment of Base Rent, Additional Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent or any other amount payable by Tenant hereunder sums due at the designated place of payment within ten (10) days after the date it is not received by Landlord by the due date thereofdue, Tenant shall pay to Landlord an additional sum of five percent (a Late Charge equal to 5%) % of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred due to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate reimburse Landlord for Landlord’s processing, administrative cost and other costs inconvenience incurred by Landlord as a result of Tenant’s delinquent paymentsdelinquency. Acceptance The Late Charge is a cost associated with the collection of Rent and Landlord's acceptance of a late charge Late Charge does not waive Landlord's right to exercise its rights and remedies, including those under Paragraph 24 (Remedies of Landlord) herein. If Tenant fails to pay (i) any monthly installment of Base Rent due under this Lease by the 10th day of the month when due, or interest (ii) or any other component of Rent within 10 days after the same is due as specified in this Lease, more than once in any consecutive three (3) month period, Tenant, upon the delivery of written notice to Tenant by Landlord ("Additional Deposit Notice"), shall not constitute a waiver of Tenant’s default with respect pay to Landlord an amount equal to the overdue amount or prevent then-current monthly installment of Base Rent (the “Additional Deposit”) to be held and applied by Landlord from exercising as an addition to the Security Deposit delivered by Xxxxxx and held on account by Landlord upon Xxxxxx’s execution of this Lease pursuant to subparagraph 3.H, below. Landlord’s requirement of any of the Additional Deposit shall be in addition to any and all other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effectLease. If Tenant does not deliver the Additional Deposit to Landlord within ten (10) days after the delivery of the Additional Deposit Notice, such failure shall be an event of default under this Lease.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Monthly Rent or and other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which is extremely difficult and impractical to fixascertain. Such other costs include, without limitationinclude but are not limited to: administrative, processing, administrative and accounting charges accounting, and late charges that which may be imposed on Landlord by the terms of any contract, revolving credit, mortgage, or trust deed to secure debt, deed of trust or related loan documents encumbering covering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Monthly Rent or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by the due date thereofor its designee within five (5) days after that Rent is due, Tenant shall pay to Landlord an additional sum of a late charge equal to five percent (5%) percent of such overdue amount, which late charge shall be due and payable on the same date that the overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawwas due. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, excluding interest and attorneys fees and costs. If any rent remains delinquent for a period in excess of thirty (30) days then, in addition to such late charge, Tenant shall pay to Landlord interest on any rent that is not paid when due at the payment of late charges Agreed Interest Rate specified in Section 19.J and interest are distinct and separate in that calculated from the payment of interest date thirty (30) days following the date such amount became due until the date such rent is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred paid. Acceptance by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest shall not constitute a waiver of Tenant’s 's default with respect to the such overdue amount or nor prevent Landlord from exercising any of the other rights and remedies available granted hereunder. Notwithstanding the foregoing, Tenant shall be granted one exception per calendar year when Base Monthly Rent may be received by Landlord up to Landlord under this Lease or at law or in equity now or hereafter in effectten (10) days after notice to Tenant that such Base Monthly Rent is past due before Tenant incurs the 5% late charge.

Late Charges. Any and all sums or charges set forth in this Section 8 are considered part of Additional Rent. Tenant acknowledges that, in addition to interest costs, that late payment (the late payments fifth (5th) day of each month or any time thereafter) by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent Tenant's Share of Operating Expenses, Tax Expenses, Common Area Utility Costs, and Utility Expenses, Administrative Expenses or other sums due under this Lease hereunder, will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical impracticable to fix. Such other costs include, without limitation, processing, administrative processing and accounting charges charges, and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering note secured by any encumbrance against the Premises, and late charges and penalties due to the Building or late payment of real property taxes on the ProjectPremises. AccordinglyTherefore, if any monthly installment of Base Rent, Additional Rent or any other amount payable by sum due from Tenant hereunder is not received by Landlord by within four (4) days after the due date thereofwhen otherwise due, Tenant shall promptly pay to Landlord an additional sum of five equal to ten percent (510%) of such delinquent amount. If Tenant delivers to Landlord a check for which there are not sufficient funds, Landlord may, at its sole option, require Tenant to replace such check with a cashier's check for the overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawof such check and all other charges payable hereunder. The parties agree that such this late charge represents and the other charges referenced above represent a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a any late charge or interest other charges shall not constitute a waiver by Landlord of Tenant’s 's default with respect to the overdue amount or delinquent amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord for any other breach of Tenant under this Lease Lease. If a late charge or other charge becomes payable for any three (3) installments of Rent within any twelve (12) month period, then Landlord, at law Landlord's sole option, can either require the Rent be paid quarterly in advance, or be paid monthly in equity now advance by cashier's check or hereafter in effectby electronic funds transfer.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent or Excess Expenses or any other amount payable by Tenant hereunder is not received by Landlord by within five (5) days after the due date thereofsame is due, Tenant shall pay to Landlord an additional sum of five four percent (54%) of the overdue amount as a late charge, but provided, however, that for the first time (and only the first time) Tenant fails in no event more than any twelve (12)-month period to pay any monthly Base Rent or other sum within five (5) days after the maximum due date, Landlord shall give notice thereof to Tenant (in bold and all capital letters stating that such late charge allowed by lawwill be assessed to Tenant) and Tenant shall have three (3) days after receipt of such notice to pay the past due amount to Landlord prior to application of such late charge. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or rent and other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount amounts of such costs being which will be extremely difficult and impractical to fixascertain. Such other costs include, without limitationbut are not limited to, processing, administrative processing and accounting charges charges, and late charges that which may be imposed on Landlord by the terms of any mortgage, mortgage or trust deed to secure debt, deed of trust or related loan documents encumbering covering the Premises, the Building or the ProjectProperty. Accordingly, if any monthly installment of Base Rent, Additional Rent rent or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by the due date thereofor Landlord's designee within ten (10) days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord an additional sum of five a late charge equal to six percent (56%) of the such overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawamount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of rent, then rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding any other provision hereof to the contrary. The parties agree that the payment of late charges and the payment of interest as provided elsewhere herein are distinct and separate from one another in that the payment of interest is to compensate Landlord for the use of Landlord’s 's money by Tenant, while Tenant and the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs expenses incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effectLandlord.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent Tenant's Share of Operating Expense or Real Property Tax increases, Non-Business Hours HVAC Charges, or other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which will be extremely difficult and impractical to fixascertain. Such other costs include, without limitationbut are not limited to, processing, administrative processing and accounting charges and late charges that which may be imposed on Landlord by the terms of any mortgage, mortgage or trust deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent Tenant's Share of Operating Expense or Real Property Tax increases, Non-Business Hours HVAC Charges or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by within three (3) business days of the due date thereofwhen such amount shall be due, then, without any requirement for notice or demand to Tenant, Tenant shall owe and pay to Landlord an additional sum of a late charge equal to five percent (5%) of such overdue amount; provided, however, that the overdue amount as a late charge, but in no event more than the maximum foregoing late charge allowed by lawshall not be applicable to the first late payment in any calendar year during the term of this Lease unless Tenant fails to make such payment within three (3) business days after written notice from Landlord that such payment was not received when due. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest by Landlord shall not in no event constitute a waiver of Tenant’s default any Event of Default by Tenant with respect to the such overdue amount or amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord granted hereunder including the assessment of interest under this Lease or at law or in equity now or hereafter in effectSection 13.5.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Basic Annual Rent, Additional Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Annual Basic Rent, Additional Rent or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereof, Tenant shall pay to Landlord an additional sum of five percent (5%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law; provided, however, that as to the first (1st) late payment in any twelve (12) month period during the Term, no late charge shall apply until ten (10) days after written notice of delinquency. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent Txxxxx's Share of Operating Expense or Real Property Tax increases, after hours HVAC charges, or other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which will be extremely difficult and impractical to fixascertain. Such other costs include, without limitationbut are not limited to, processing, administrative processing and accounting charges and late charges that which may be imposed on Landlord by the terms of any mortgage, mortgage or trust deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent Txxxxx's Share of Operating Expense or Real Property Tax increases, , after hours HVAC charges or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by the due date thereofwhen such amount shall be due, then, without any requirement for notice or demand to Tenant, Tenant shall immediately pay to Landlord an additional sum of a late charge equal to five percent (5%) of such overdue amount. The foregoing late charge shall not apply to the overdue amount first late payment in each consecutive 12 month period of the Term so long as a late chargeTenant cures the default within 3 business days following the date of Landlord’s written notice, but it being agreed that in no event shall Landlord be required to deliver Tenant written notice of any delinquency more than one time in each consecutive 12 month period of the maximum late charge allowed by lawTerm. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent paymentsTxxxxx. Acceptance of a such late charge or interest by Landlord shall not in no event constitute a waiver of Tenant’s 's default with respect to the such overdue amount or amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord granted hereunder including the assessment of interest under this Lease or at law or in equity now or hereafter in effectSection 13.5.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent Tenant's Share of Operating Expense or Real Property Tax increases, parking charges, Non-Business Hours HVAC Charges, or other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which will be extremely difficult and impractical to fixascertain. Such other costs include, without limitationbut are not limited to, processing, administrative processing and accounting charges and late charges that which may be imposed on Landlord by the terms of any mortgage, mortgage or trust deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent Tenant's Share of Operating Expense or Real Property Tax increases, parking charges, Non-Business Hours HVAC Charges or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by the due date thereofwhen such amount shall be due, then, without any requirement for notice or demand to Tenant, Tenant shall immediately pay to Landlord an additional sum of five a late charge equal to six percent (56%) of the such overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawamount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest by Landlord shall not in no event constitute a waiver of Tenant’s 's default with respect to the such overdue amount or amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord granted hereunder including the assessment of interest under this Lease or at law or in equity now or hereafter in effectSection 13.5.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Annual Basic Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the ProjectSite. Accordingly, if any monthly installment of Base Rent, Additional Annual Basic Rent or Excess Expenses or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereof, Tenant shall pay to Landlord an additional sum of five ten percent (510%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. law The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s 's money by Tenant, Tenant while the payment of late charges is to compensate Landlord for Landlord’s 's processing, administrative and other costs incurred by Landlord as a result of Tenant’s 's delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s 's default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Annual Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. fix Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Premises Accordingly, if any monthly installment Installment of Base Rent, Additional Annual Rent or any other amount payable by Tenant hereunder is not received by Landlord by that date which is ten (10) days from the due date thereof, Tenant shall pay to Landlord an additional sum of five six percent (56%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. law The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of or late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. payments Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Landlord and Tenant acknowledges thatagree that the fixing of actual damages for Tenant’s breach of any of the provisions of this Lease, in addition including but not limited to interest costs, the late payments payment by Tenant to Landlord of any monthly installment of Base RentRent and other amounts due hereunder, Additional Rent or other sums due under this Lease will would cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which would be extremely difficult and impractical or impracticable to fixascertain. Such other costs include, without limitationinclude but are not limited to accounting, processing, administrative administrative, legal and accounting clerical charges and late charges that may be imposed on upon Landlord by the terms of any mortgage, deed to secure debt, deed Deed of trust or related loan documents encumbering Trust covering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent or any other amount payable by sum due from Tenant hereunder is has not been received by Landlord by the due date thereofor Landlord’s agent within five (5) days after such amount was due, Tenant shall pay to Landlord an additional sum of five a late charge equal to ten percent (510%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawany such delinquent installment of Rent or any other delinquent sum due from Tenant. The parties agree Tenant hereby agrees that such said late charge represents a fair and reasonable estimate of the costs that cost Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest by Landlord shall not constitute a waiver of Tenant’s default with respect to the such overdue amount or nor prevent Landlord from exercising any of the other rights and remedies available to Landlord under provided for in this Lease or Lease, at law or in equity now equity. Tenant understands and agrees to the foregoing provisions relating to late charges. If a late charge is payable by Tenant whether or hereafter not collected, for three (3) installments of Rent during any twelve (12) month period, then the Minimum Monthly Rent and Tenant’s Share of Operational Expenses shall automatically become due and payable to Landlord quarterly in effectadvance, notwithstanding any other provision of this Lease to the contrary.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or rent and other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which will be extremely difficult and impractical to fixascertain. Such other costs include, without limitationbut are not limited to, administrative, processing, administrative and accounting charges charges, and late charges that charges, which may be imposed on Landlord by the terms of any mortgagecontract, revolving credit, mortgage or trust deed to secure debt, deed of trust or related loan documents encumbering covering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent rent or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by the due date thereof, or Landlord's designee within ten (10) days after RECEIPT BY TENANT OF WRITTEN NOTICE FROM LANDLORD OF THE FAILURE TO PAY SUCH AMOUNT WHEN DUE. Tenant shall pay to Landlord an additional sum of a late charge equal to five percent (5%) percent of the such overdue amount as a late charge, but in no event more than which shall be due and payable with the maximum late charge allowed by lawpayment then delinquent. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest WITHOUT RECEIPT OF ACCRUED RENT by Landlord shall not in no event constitute a waiver of Tenant’s 's default with respect to the such overdue amount or amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.granted hereunder. IT IS FURTHER MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS:

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Monthly Basic Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Monthly Basic Rent or Operating Expenses or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereof, Tenant shall pay to Landlord an additional sum of five seven percent (57%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent Tenant's Share of Operating Expense Increase or other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which will be extremely difficult and impractical to fixascertain. Such other costs includeinclude but are not limited to, without limitation, processing, administrative processing and accounting charges charges, and late charges that which may be imposed on Landlord by the terms of any mortgage, mortgage or trust deed to secure debt, deed of trust or related loan documents encumbering covering the Premises, the Office Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent Operating Expense Increase, or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by the due date thereofor Landlord's designee within ten (10) days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord an additional sum of five a late charge equal to six percent (56%) of the such overdue amount as a late chargeamount, but in no event more than not to exceed the maximum late charge allowed permitted by lawlaw in the jurisdiction where the Office Building Project is 1ocated. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest by Landlord shall not in no event constitute a waiver of Tenant’s 's default with respect to the such overdue amount or amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effectgranted hereunder.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent Tenant's Share of Operating Expense Increase or other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which will be extremely difficult and impractical to fixascertain. Such other costs include, without limitationbut are not limited to, processing, administrative processing and accounting charges charges, and late charges that which may be imposed on Landlord by the terms of any mortgage, mortgage or trust deed to secure debt, deed of trust or related loan documents encumbering covering the Premises, the Office Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent Operating Expense Increase, or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by the due date thereofor Landlord's designee within ten (10) days after such amount shall be due, then, upon notice to Tenant, Tenant shall pay to Landlord an additional sum of five a late charge equal to six percent (56%) of the such overdue amount as a late chargeamount, but in no event more than not to exceed the maximum late charge allowed permitted by lawlaw in the jurisdiction where the Office Building Project is located. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest by Landlord shall not in no event constitute a waiver of Tenant’s 's default with respect to the such overdue amount or amount, nor prevent Landlord from exercising any of the other rights and remedies available granted hereunder. This late charge shall not apply to Landlord accelerated rent under this Lease or at law or in equity now or hereafter in effectParagraph 13.2.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent Tenant’s Share of Operating Expense or Real Property Tax increases, parking charges, Non-Business Hours HVAC Charges, or other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which will be extremely difficult and impractical to fixascertain. Such other costs include, without limitationbut are not limited to, processing, administrative processing and accounting charges and late charges that which may be imposed on Landlord by the terms of any mortgage, mortgage or trust deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent Tenant’s Share of Operating Expense or Real Property Tax increases, parking charges, Non-Business Hours HVAC Charges or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by the due date thereofwhen such amount shall be due, then, without any requirement for notice or demand to Tenant, Tenant shall immediately owe and pay to Landlord an additional sum of a late charge equal to five percent (5%) of the such overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawamount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest by Landlord shall not in no event constitute a waiver of Tenant’s default with respect to the such overdue amount or amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord granted hereunder including the assessment of interest under this Lease or at law or in equity now or hereafter in effectSection 13.5.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or and other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which are unknown and will be extremely difficult and impractical to fix. Such ascertain other costs include, without limitation, processing, administrative and accounting than such charges and late charges that which may be imposed on Landlord by the terms of any mortgage, mortgage or trust deed to secure debt, deed of trust or related loan documents encumbering covering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent or any other amount payable by sums due from Tenant hereunder is shall not be received by Landlord by the due date thereofor Landlord's designee within ten (10) days after such amount shall be due, Tenant shall pay to Landlord an additional sum in addition to the late charges incurred by Landlord under any mortgage or deed of five trust covering the Premises, a late charge equal to ten percent (510%) of the overdue amount amount(s) past due and additionally all such installments of Rent or other sums due shall bear interest at the rate provided for on Past Due Obligations as a late charge, but provided in no event more than Section 20.14 from the maximum late charge allowed by lawdate the same became due and payable. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest by Landlord shall not in no event constitute a waiver of Tenant’s 's default with respect to the such overdue amount or amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effectgranted hereunder.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Monthly Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereofwithin ten (10) days following written notice that such amount is due, Tenant shall pay to Landlord an additional sum of five percent (5%) of the overdue amount as a late chargecharge for the first late charge due and payable by Tenant pursuant to this Section 23.7 in any calendar year, but or ten (10%) of the overdue amount as a late charge for the second and any subsequent late charge due and payable by tenant pursuant to this Section 23.7 in any calendar year. However, in no event shall any late charge be more than the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s 's money by TenantXxxxxx, while the payment of late charges is to compensate Landlord for Landlord’s 's processing, administrative and other costs incurred by Landlord as a result of Tenant’s 's delinquent payments. Acceptance of a late charge or interest or waiver of a late charge shall not constitute a waiver of Tenant’s 's default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to In Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to If Landlord does not actually receive payment of any monthly installment of Base Rent, Additional Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent or any other amount payable by Tenant hereunder sums due at the designated place of payment within ten (10) days after the date it is not received by Landlord by the due date thereofdue, Tenant shall pay to Landlord an additional sum of five percent (a Late Charge equal to 5%) % of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred due to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate reimburse Landlord for Landlord’s processing, administrative cost and other costs inconvenience incurred by Landlord as a result of TenantXxxxxx’s delinquent paymentsdelinquency. Acceptance The Late Charge is a cost associated with the collection of Rent and Landlord's acceptance of a late charge Late Charge does not waive Landlord's right to exercise its rights and remedies, including those under Paragraph 24 (Remedies of Landlord) herein. If Tenant fails to pay (i) any monthly installment of Base Rent due under this Lease by the 10th day of the month when due, or interest (ii) or any other component of Rent within 10 days after the same is due as specified in this Lease, more than once in any consecutive three (3) month period, Tenant, upon the delivery of written notice to Tenant by Landlord ("Additional Deposit Notice"), shall not constitute a waiver of Tenant’s default with respect pay to Landlord an amount equal to the overdue amount or prevent then-current monthly installment of Base Rent (the “Additional Deposit”) to be held and applied by Landlord from exercising as an addition to the Security Deposit delivered by Xxxxxx and held on account by Landlord upon Xxxxxx’s execution of this Lease pursuant to subparagraph 3.H, below. Landlord’s requirement of any of the Additional Deposit shall be in addition to any and all other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effectLease. If Tenant does not deliver the Additional Deposit to Landlord within ten (10) days after the delivery of the Additional Deposit Notice, such failure shall be an event of default under this Lease.

Late Charges. Any and all sums or charges set forth in this Section 8 are considered part of Additional Rent. Tenant acknowledges that, in addition to interest costs, that late payment (the late payments fifth day of each month or any time thereafter) by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent Tenant's Share of Operating Expenses, Tax Expenses, or other sums due under this Lease hereunder, will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical impracticable to fix. Such other costs include, without limitation, processing, administrative processing and accounting charges charges, and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering note secured by any encumbrance against the Premises, and late charges and penalties due to the Building or late payment of real property taxes on the ProjectPremises. AccordinglyTherefore, if any monthly installment of Base Rent, Additional Rent or any other amount payable by sum due from Tenant hereunder is not received by Landlord by the due date thereofwhen due, Tenant shall promptly pay to Landlord an additional sum of equal to five percent (5%) of such delinquent amount. If Tenant delivers to Landlord a check for which there are not sufficient funds, Landlord may, at its sole option, require Tenant to replace such check with a cashier's check for the overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawof such check and all other charges payable hereunder. The parties agree that such this late charge represents and the other charges referenced above represent a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a any late charge or interest other charges shall not constitute a waiver by Landlord of Tenant’s 's default with respect to the overdue amount or delinquent amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord for any other breach of Tenant under this Lease or at law or in equity now or hereafter in effectLease.

Late Charges. Section 2.03. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Minimum Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated completed by this Leaselease, the exact amount of such costs being which will be extremely difficult and impractical to fixascertain. Such other costs includeinclude but are not limited to, without limitation, processing, administrative processing and accounting charges charges, personnel costs, and late charges that which may be imposed on Landlord by the terms of any mortgage, mortgage or trust deed to secure debt, deed of trust or related loan documents encumbering covering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Minimum Rent or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by the due date thereofwhen due, Tenant shall pay to Landlord an additional sum of a late charge equal to five percent (5%) of the such overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawamount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest by Landlord shall not in no event constitute a waiver of Tenant’s default with respect to the such overdue amount or amount, nor prevent Landlord from exercising any of the other rights and remedies available granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for two (2) installments of Minimum Rent in any twelve (12) month period, then the Minimum Rent and/or all other charges hereunder shall, at Landlord’s election by written notice to Landlord under Tenant, become due and payable quarterly in advance, rather than monthly, notwithstanding any other provision of this Lease or at law or in equity now or hereafter in effect.lease to the contrary. No Partnership of Joint Venture

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or and other sums due under this Lease will cause Landlord to incur additional costs not contemplated by this Lease, the exact amount of such costs being which will be extremely difficult and impractical or impossible to fixascertain. Such other additional costs include, without limitation, processing, administrative include processing and accounting charges and late charges that which may be imposed on upon Landlord by the terms of any mortgage, deed to secure debt, mortgage or deed of trust or related loan documents encumbering covering the Premises, the Building or the Project. AccordinglyTherefore, if any monthly installment of Base Rent, Additional Rent or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by within five (5) days after the due date thereofthat such amount is due, Tenant shall pay to Landlord an additional sum a late charge equal to the greater of five percent (5%a) $250.00, or (b) the highest maximum legal interest rate per annum permitted from time to time under applicable Colorado State Law, of the overdue amount as then delinquent amount. Such interest shall compound annually. Tenant will pay a late charge$75.00 handling fee to Landlord, but in no event more than the maximum late charge allowed by lawfor each returned bank check. The parties agree hereby acknowledge, warrant and represent that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest by Landlord shall not in no event constitute a waiver of Tenant’s default an Event of Default with respect to the such overdue amount or prevent Landlord from exercising any or all of the other rights and remedies available granted under this Lease. Casimir-Quince, LLC, Lease Agreement In the event Tenant tenders a payment that is returned by the bank for insufficient funds or for any other reason the payment is not negotiated and/or deposited by bank, Tenant shall make all future payments to Landlord under this Lease by wire or at law electronic transfer, by cashier’s check or by an automatic payment from Tenant’s bank account to Landlord’s account, in equity now each case without cost to Landlord. The acceptance of late charges and returned check charges by Landlord will not constitute a waiver of any Tenant default nor any other rights or hereafter in effectremedies of Landlord.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Monthly Rent or and other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which is extremely difficult and impractical to fixascertain. Such other costs include, without limitationinclude but are not limited to: administrative, processing, administrative and accounting charges accounting, and late charges that which may be imposed on Landlord by the terms of any contract, revolving credit, mortgage, or trust deed to secure debt, deed of trust or related loan documents encumbering covering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Monthly Rent or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by the or its designee within five (5) business days after notice that such payment is past due date thereof, (provided however no such notice is required if Landlord has given such notice more than twice in any given calendar year). Tenant shall pay to Landlord an additional sum of a late charge equal to five percent (5%) percent of such overdue amount, which late charge shall be due and payable on the same date that the overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawwas due. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, excluding interest and attorneys’ fees and costs. If any rent or other sum due from Tenant remains delinquent for a period in excess of thirty (30) days then, in addition to such late charge, Tenant shall pay to Landlord interest on any rent that is not paid when due at the payment of late charges and interest are distinct and separate Agreed Interest Rate specified in that Section 20.J following the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred date such amount became due until paid. Acceptance by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest shall not constitute a waiver of Tenant’s default with respect to the such overdue amount or nor prevent Landlord from exercising any of the other rights and remedies available to Landlord under granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Monthly Rent, then the Base Monthly Rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding any provision of this Lease or at law or in equity now or hereafter in effectto the contrary.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Monthly Basic Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Monthly Basic Rent or Operating Expenses or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereofwithin five (5) calendar days after Tenant’s receipt of notice that said amount was not paid when due, Tenant shall pay to Landlord an additional sum of five ten percent (510%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which will be extremely difficult and impractical to fixascertain. Such other costs include, without limitationbut are not limited to, processing, administrative processing and accounting charges charges, and late charges that charges, which may be imposed on upon Landlord by the terms of any mortgageground lease, deed to secure debt, mortgage or deed of trust or related loan documents encumbering covering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by the due date thereofor Landlord’s designee when due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord an additional sum of five a late charge equal to six percent (56%) of such overdue amount; provided that Tenant will not incur a late charge with respect to the first two (2) late payments in any calendar year if Tenant pays such overdue amount as a late charge, but in no event more than within five (5) days after the maximum late charge allowed by lawdate such payments were due. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest by Landlord shall not in no event constitute a waiver of Tenant’s default Default with respect to the such overdue amount or amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord under granted hereunder. In the event that a late charge is payable hereunder, whether or not collected for three (3) consecutive installments of Base Rent, then notwithstanding Section 4.1 or any other provision of this Lease or to the contrary, Base Rent shall, at law or Landlord’s option, become due and payable quarterly in equity now or hereafter in effectadvance.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of Rent and any monthly installment of Base Rent, Additional Rent or other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which will be extremely difficult and impractical to fixascertain. Such other costs include, without limitationbut are not limited to, processing, administrative processing and accounting charges charges, and late charges that which may be imposed on Landlord by the terms of any mortgage, mortgage or trust deed to secure debt, deed of trust or related loan documents encumbering covering the Premises, the Building or the Project. Accordingly, if in the event that Landlord does not receive any monthly installment of Base Rent, Additional Rent or any other sum due from Tenant within five (5) business days after such amount payable is due, including without limitation, monthly payments for Base Rent and Tenant’s Share of Estimated Operating Costs required to be wire transferred to an account designated by Tenant hereunder is not received by Landlord by the due date thereofLandlord, then without any requirement for notice to Tenant, Tenant shall pay to Landlord an additional sum of five a late charge equal to ten percent (510%) of the such overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawamount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, Tenant and the payment of that such late charges and interest are distinct and separate in that the payment of interest charge is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as not a result of Tenant’s delinquent paymentspenalty. Acceptance of a such late charge or interest by Landlord shall not in no event constitute a waiver of Tenant’s default with respect to the such overdue amount or amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord under granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) installments of Rent within any period of twelve (12) consecutive months, then Base Rent and installments Tenant’s Share of monthly Estimated Operating Cost, as provided in Section 7.2, shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Section 7.2 or any other provision of this Lease or at law or in equity now or hereafter in effectto the contrary.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Monthly Basic Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Monthly Basic Rent or Operating Expenses or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereof, Tenant shall pay to Landlord an additional sum of five ten percent (510%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s 's default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Tenant acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or and other sums due charges provided for under this Lease will shall cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical or impracticable to fix. Such other costs include, without limitationbut are not limited to, processing, administrative processing and accounting charges charges, and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering encumbrance and notes secured by any encumbrance covering the Premises, or late charges and penalties due to late payment of Real Property Taxes due on the Building or the ProjectPremises. AccordinglyTherefore, if any monthly installment of Base Rent, Additional Rent or any other amount payable by charge due from Tenant hereunder is not received by Landlord by the due date thereofwithin seven (7) days after Tenant’s receipt of written notice of such delinquent payment, Tenant shall pay to Landlord an additional sum of five equal to three percent (53%) of the amount overdue amount as a one (1) time late charge, but in no event more than the maximum late charge allowed whether or not Landlord has exercised any remedy herein provided for default by lawTenant. The parties agree that such this late charge represents a fair and reasonable estimate of the costs that Landlord will shall incur by reason of any the late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a any late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effecton account thereof.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent or any other amount payable by Tenant hereunder is not received by Landlord by within five (5) days after the due date thereof, Tenant shall pay to Landlord an additional sum of five percent (5%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent or any other amount payable by Tenant hereunder is not received by Landlord by within five (5) days following notice same is past the due date thereof, Tenant shall pay to Landlord an additional sum of five percent (5%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Monthly Rent or and other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which is extremely difficult and impractical to fixascertain. Such other costs include, without limitationinclude but are not limited to: administrative, processing, administrative and accounting charges accounting, and late charges that which may be imposed on Landlord by the terms of any contract, revolving credit, mortgage, or trust deed to secure debt, deed of trust or related loan documents encumbering covering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Monthly Rent or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by or its designee within ten (10) days after the due date thereofrent is due, Tenant shall pay to Landlord an additional sum of a late charge equal to five percent (5%) percent of such overdue amount, which late charge shall be due and payable on the same date that the overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawwas due. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, excluding interest and attorneys fees and costs. If any rent or other sum due from Tenant remains delinquent for a period in excess of thirty (30) days then, in addition to such late charge, Tenant shall pay to Landlord interest on any rent that is not paid when due at the payment of Agreed Interest Rate specified in Section 20.J following the date such amount became due until paid; provided, however, that interest shall not accrue on any late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred charge. Acceptance by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest shall not constitute a waiver of Tenant’s 's default with respect to the such overdue amount or nor prevent Landlord from exercising any of the other rights and remedies available to Landlord under granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Monthly Rent, then the Base Monthly Rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding any provision of this Lease or at law or in equity now or hereafter in effectto the contrary.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Monthly Rent or and other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which will be extremely difficult and impractical to fixascertain. Such other costs include, without limitationbut are not limited to, administrative, processing, administrative and accounting charges charges, and late charges that charges, which may be imposed on Landlord by the terms of any mortgagecontract, revolving credit, mortgage or trust deed to secure debt, deed of trust or related loan documents encumbering covering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Monthly Rent or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by the due date thereofor Landlord’s designee within ten (10) days after Tenant’s receipt of written notice from Landlord that such amount is delinquent, Tenant shall pay to Landlord an additional sum of a late charge equal to five percent (5%) percent of the such overdue amount as a late charge, but in no event more than the maximum which late charge allowed by lawshall be due and payable with the payment then delinquent. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest by Landlord shall not in no event constitute a waiver of Tenant’s default with respect to the such overdue amount or amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.granted hereunder. IT IS FURTHER MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS:

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or and other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which will be extremely difficult and impractical to fixascertain. Such other costs include, without limitationbut are not limited to, processing, administrative and accounting charges and late charges that payment fees which may be imposed on Landlord by the terms of any mortgage, mortgage or trust deed to secure debt, deed of trust or related loan documents encumbering covering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by the due date thereofor Landlord’s designee within seven (7) days after such amount shall be due, Tenant shall pay to Landlord an additional sum of five as Additional Rent a late charge equal to seven and one-half percent (57.5%) of the such overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawamount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to payments by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest by Landlord shall not in no event constitute a waiver of Tenant’s default with respect to the such overdue amount or amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In no event shall this provision for a late charge be deemed to grant to Tenant a grace period or extension of time within which to pay any installment of Base Rent or Additional Rent or prevent Landlord from exercising any right or remedy available to Landlord under this Lease upon Tenant’s failure to make such payment when due. In the event any payment of Base Rent or Additional Rent is not received by Landlord by the thirtieth (30th) day after the due date for such payment or installment, such payment or installment shall bear interest at law the Permitted Rate, as defined in Paragraph 20.17 below, commencing on the thirty-first (31st) day after the due date for such payment or in equity now or hereafter in effectinstallment and continuing until the same is paid.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Monthly Rent or and other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which is extremely difficult and impractical to fixascertain. Such other costs include, without limitationinclude but are not limited to: administrative, processing, administrative and accounting charges accounting, and late charges that which may be imposed on Landlord by the terms of any contract, revolving credit, mortgage, or trust deed to secure debt, deed of trust or related loan documents encumbering covering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Monthly Rent or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by or its designee within ten (10) days after the due date thereofrent is due, Tenant shall pay to Landlord an additional sum of a late charge equal to five percent (5%) percent of such overdue amount, which late charge shall be due and payable on the same date that the overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawwas due. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred by Tenant excluding interest and attorneys fees and costs. If any rent or other sum due from Tenant remains delinquent for a period in excess of thirty (30) days then, in addition to by Tenantsuch late charge, and Tenant shall pay to Landlord interest on any rent that is not paid when due at the payment of late charges and interest are distinct and separate Agreed Interest Rate specified in that Section 21.J following the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred date such amount became due until paid. Acceptance by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest shall not constitute a waiver of Tenant’s default with respect to the such overdue amount or nor prevent Landlord from exercising any of the other rights and remedies available to Landlord under granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Monthly Rent, then the Base Monthly Rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding any provision of this Lease or at law or in equity now or hereafter in effectto the contrary. After four (4) quarterly installments have been paid on time, rent shall again be payable monthly.

Late Charges. Tenant acknowledges that, recognizes that late payment of any Rent will result in addition extra administrative expense to interest costsLandlord and Landlord's inability to meet its financial commitments. The extent of this additional expense and other damage to Landlord is extremely difficult and economically impractical to ascertain. Tenant therefore agrees that if any Rent remains unpaid three (3) days after Landlord has provided written notice to Tenant that the same is due, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical unpaid Rent shall be increased by a late charge to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on paid to Landlord by the terms of any mortgage, deed Tenant in an amount equal to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereof, Tenant shall pay to Landlord an additional sum of five fifteen percent (515%) of the overdue amount as a late charge, but in no event more than of the maximum amount due. The amount of the late charge allowed to be paid to Landlord by lawTenant on any unpaid Rent shall be reassessed and added to Tenant's obligations for each successive monthly period accruing after the date on which the late charge is initially imposed. The parties agree Tenant agrees that such late charge represents amount is a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred loss and expense to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred be suffered by Landlord as a result of Tenant’s delinquent paymentssuch late payment by Tenant and may be charged by Landlord to defray such loss and expense. Acceptance If the amount of a any late charge or interest charges due hereunder exceed the amounts allowed by law, then such late charges shall be reduced to the maximum allowed by law. The provisions of this Paragraph 3(d) shall not constitute be constructed to grant Tenant a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any grace period and shall in no way relieve Tenant of the other rights and obligation to pay any amount of Rent on or before the date on which it becomes due, nor do the terms of this Paragraph in any way affect Landlord's remedies available pursuant to Landlord under this Lease or at law or in equity now or hereafter in effectParagraph 18 if any Rent is unpaid after the date due.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent Tenant's Share of Operating Expense increases, parking charges, after hours HVAC charges, or other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which will be extremely difficult and impractical to fixascertain. Such other costs include, without limitationbut are not limited to, processing, administrative processing and accounting charges and late charges that which may be imposed on Landlord by the terms of any mortgage, mortgage or trust deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent Tenant's Share of Operating Expense increases, parking charges, after hours HVAC charges or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by the due date thereofwithin five (5) days of when such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord an additional sum of five a late charge equal to six percent (56%) of the such overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawamount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest by Landlord shall not in no event constitute a waiver of Tenant’s 's default with respect to the such overdue amount or amount, nor prevent Landlord from exercising any of the other rights and remedies available granted hereunder including the assessment of interest under Section 13.5. Notwithstanding anything to the contrary contained in this Section 13.4 of the Lease, Landlord under this Lease or at law or agrees to waive imposition of such late charge on the first occasion in equity now or hereafter in effectany twelve (12) month period provided the overdue payment is made within five (5) business days after Landlord gives Tenant written notice that the payment was not made when due.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Monthly Basic Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building Premises (or the Projectany portion thereof or interest therein). Accordingly, if any monthly installment of Base Rent, Additional Monthly Basic Rent or Operating Expenses or any other amount payable by Tenant hereunder is not received by Landlord by within five (5) days of the due date thereof, Tenant shall pay to Landlord an additional sum of five percent (5%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s 's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s 's processing, administrative and other costs incurred by Landlord as a result of Tenant’s 's delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default 's Default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect. Notwithstanding the foregoing, no late charge shall apply to the first delinquency in the payment of rent or additional rent in any calendar year provided that Tenant pays the delinquent sum within five (5) business days of receipt of written notice from Landlord of such delinquent payment.

Late Charges. Section 2.03. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Minimum Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated completed by this Leaselease, the exact amount of such costs being which will be extremely difficult and impractical to fixascertain. Such other costs includeinclude but are not limited to, without limitation, processing, administrative processing and accounting charges charges, personnel costs, and late charges that which may be imposed on Landlord by the terms of any mortgage, mortgage or trust deed to secure debt, deed of trust or related loan documents encumbering covering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Minimum Rent or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by the due date thereofwhen due, Tenant shall pay to Landlord an additional sum of a late charge equal to five percent (5%) of the such overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawamount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent paymentsXxxxxx. Acceptance of a such late charge or interest by Landlord shall not in no event constitute a waiver of Tenant’s default with respect to the such overdue amount or amount, nor prevent Landlord from exercising any of the other rights and remedies available granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for two (2) installments of Minimum Rent in any twelve (12) month period, then the Minimum Rent and/or all other charges hereunder shall, at Landlord’s election by written notice to Landlord under Tenant, become due and payable quarterly in advance, rather than monthly, notwithstanding any other provision of this Lease or at law or in equity now or hereafter in effect.lease to the contrary. No Partnership of Joint Venture

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent Tenant’s Share of Operating Expense increases, Tenant’s Share of Real Property Tax increases or other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which will be extremely difficult and impractical to fixascertain. Such other costs include, without limitationbut are not limited to, processing, administrative processing and accounting charges and late charges that which may be imposed on Landlord by the terms of any mortgage, mortgage or trust deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the ProjectProperty. Accordingly, if any monthly installment of Base Rent, Additional Rent Tenant’s Share of Operating Expense increases, Tenant’s Share of Real Property Tax increases or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by the due date thereofwhen such amount shall be due, then, without any requirement for notice or demand to Tenant, Tenant shall immediately pay to Landlord an additional sum of five a late charge equal to three percent (53%) of the such overdue amount as a late chargeamount, but in no event more than the maximum provided that Landlord agrees to waive such late charge allowed by lawfor the first late payment in any period of twelve consecutive months, so long as the requisite payment is made in full within two (2) business days after notice from Landlord that such payment was not received when due. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest by Landlord shall not in no event constitute a waiver of Tenant’s default with respect to the such overdue amount or amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord granted hereunder including the assessment of interest under this Lease or at law or in equity now or hereafter in effectSection 13.5.

Late Charges. Tenant acknowledges that, recognizes that late payment of any Rent will result in addition extra administrative expense to interest costsLandlord and Landlord's inability to meet its financial commitments. The extent of this additional expense and other damage to Landlord is extremely difficult and economically impractical to ascertain. Tenant therefore agrees that if any Rent remains unpaid three (3) days after Landlord has provided written notice to Tenant that the same is due, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical unpaid Rent shall be increased by a late charge to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on paid to Landlord by the terms of any mortgage, deed Tenant in an amount equal to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereof, Tenant shall pay to Landlord an additional sum of five fifteen percent (515%) of the overdue amount as a late charge, but in no event more than of the maximum amount due. The amount of the late charge allowed to be paid to Landlord by lawTenant on any unpaid Rent shall be reassessed and added to Tenant's obligations for each successive monthly period accruing after the date on which the late charge is initially imposed. The parties agree Tenant agrees that such late charge represents amount is a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred loss and expense to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred be suffered by Landlord as a result of Tenant’s delinquent paymentssuch late payment by Tenant and may be charged by Landlord to defray such loss and expense. Acceptance If the amount of a any late charge or interest charges due hereunder exceed the amounts allowed by law, then such late charges shall be reduced to the maximum allowed by law. The provisions of this Paragraph 3(d) shall not constitute be construed to grant Tenant a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any grace period and shall in no way relieve Tenant of the other rights and obligation to pay any amount of Rent on or before the date on which it becomes due, nor do the terms of this Paragraph in any way affect Landlord's remedies available pursuant to Landlord under this Lease or at law or in equity now or hereafter in effectParagraph 18 if any Rent is unpaid after the date due.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Monthly Rent or and other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which is extremely difficult and impractical to fixascertain. Such other costs include, without limitationinclude but are not limited to: administrative, processing, administrative and accounting charges accounting, and late charges that which may be imposed on Landlord by the terms of any contract, revolving credit, mortgage, or trust deed to secure debt, deed of trust or related loan documents encumbering covering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Monthly Rent or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by the or its designee within five (5) days after notice that such payment is past due date thereof, (provided however no such notice is required if Landlord has given such notice more than twice in any given calendar year). Tenant shall pay to Landlord an additional sum of a late charge equal to five percent (5%) percent of such overdue amount, which late charge shall be due and payable on the same date that the overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawwas due. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, excluding interest and attorneys fees and costs. If any rent or other sum due from Tenant remains delinquent for a period in excess of thirty (30) days then, in addition to such late charge, Tenant shall pay to Landlord interest on any rent that is not paid when due at the payment of late charges and interest are distinct and separate Agreed Interest Rate specified in that Section 19.J following the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred date such amount became due until paid. Acceptance by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest shall not constitute a waiver of Tenant’s default with respect to the such overdue amount or nor prevent Landlord from exercising any of the other rights and remedies available to Landlord under granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Monthly Rent, then the Base Monthly Rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding any provision of this Lease or at law or in equity now or hereafter in effectto the contrary.

Late Charges. The sums or charges set forth in this Section 8 shall be Additional Rent. Tenant acknowledges that, in addition to interest costs, that late payment (the late payments by Tenant to Landlord fifth (5th) day after such payment was due or any time thereafter) of any monthly installment of Base Rent, Additional Rent or and all other sums due under this Lease hereunder, will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs may include, without limitation, processing, administrative processing and accounting charges charges, and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering note secured by any encumbrance against the Premises, and late charges and penalties due to the Building or late payment of real property taxes on the ProjectPremises. AccordinglyTherefore, if any monthly installment of Base Rent, Additional Rent or any other amount sum payable by Tenant hereunder is not received by Landlord by the due date thereoffifth (5th) day after such payment was due, Tenant shall promptly pay to Landlord a late charge, as liquidated damages, in an additional sum of amount equal to five percent (5%) of such delinquent amount plus interest thereon at ten percent (10%) per annum for every month or portion thereof that such sums remain unpaid. Notwithstanding the overdue amount as a late chargeforegoing, but in no event more than Landlord waives the maximum late charge allowed for the first (1st) instance during the Term in which Tenant fails to timely pay Rent within five (5) days of written notice of such failure by lawLandlord. If Tenant delivers to Landlord two (2) checks for which there are not sufficient funds, Landlord may require Tenant to replace such check with a cashier’s check for the amount of such check and all other charges payable hereunder. The parties agree that such this late charge represents and the other charges referenced above represent a fair and reasonable estimate of the costs that Landlord will incur by reason of any such late payment as hereinabove referred to by Tenant, excluding attorneys’ fees and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent paymentscosts. Acceptance of a any late charge or interest other charges shall not constitute a waiver by Landlord of Tenant’s default with respect to the overdue amount or delinquent amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord for any other default of Tenant under this Lease or at law or in equity now or hereafter in effectLease.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or rent and other sums due under this Lease will hereunder may cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which will be extremely difficult and impractical to fixascertain. Such other costs include, without limitationbut are not limited to, processing, administrative processing and accounting charges and late charges that which may be imposed on Landlord by the terms of any mortgage, mortgage or trust deed to secure debt, deed of trust or related loan documents encumbering covering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent rent or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by the due date thereofor Landlord's agent within five (5) days after such amount shall be due, without any requirement for notice to Tenant, Tenant shall pay to Landlord an additional sum of five a late charge equal to ten percent (510%) of the such overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawamount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest by Landlord shall not in no event constitute a waiver of Tenant’s 's default with respect to the such overdue amount or nor prevent Landlord from exercising any of the other rights and remedies available to Landlord under this granted hereunder. Notwithstanding the foregoing, the late fee shall not be charged for the first late payment in any Lease or at law or in equity now or hereafter in effectterm period as long as such payment is made within fifteen (15) days after written notice) but shall be charged for all late payments thereafter.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent or Excess Expenses or any other amount payable by Tenant hereunder is not received by Landlord by within five (5) days after the due date thereofsame is due, Tenant shall pay to Landlord an additional sum of five four percent (54%) of the overdue amount as a late charge, but in no event more than the maximum provided, however, that such late charge allowed by lawshall be waived for the first time (and only the first time) during the Term that Tenant fails to pay any monthly Base Rent or other sum within five (5) days after the due date. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.