Common use of Late Charges Clause in Contracts

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges. Accordingly, if any installment of Rent or other sum due from Tenant shall not be received by Landlord or Landlord’s designee within five (5) days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to 5% of such overdue amount; provided, however, the foregoing late charge shall not be applicable to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late payment. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment 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 addition, should Landlord be unable to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s).

Late Charges. Landlord and Tenant hereby acknowledges agree that the fixing of actual damages for Tenant's breach of any of the provisions of this Lease, including but not limited to the late payment by Tenant to Landlord of Rent rent and other sums amounts due hereunder will hereunder, would cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will would be extremely difficult or impracticable to ascertain. Such costs include, include but are not limited toto accounting, processing processing, administrative, legal and accounting chargesclerical charges and late charge which may be imposed upon Landlord by the terms of any mortgage covering the Premises. Accordingly, if any installment of Rent rent or any other sum due from Tenant shall hereunder has not be been received by Landlord or Landlord’s designee 's agent within five (5) business days after such amount shall be was due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to five percent (5% %) of any such overdue amount; provided, however, the foregoing late charge shall not be applicable to the first (1st) instance delinquent installment of late payment of Rent by rent or any other delinquent sum due from Tenant. Tenant until three (3) business days after written notice to Tenant of such late payment. The parties hereby agree agrees that such said late charge represents a fair and reasonable estimate of the costs cost Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event not constitute a waiver of Tenant’s Default 's default with respect to such overdue amount, amount nor prevent Landlord from exercising any of the other rights and remedies granted hereunderprovided for in this Lease, at law or in equity. In addition, should Landlord be unable Tenant understands and agrees to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice foregoing provisions relating to Tenant, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s)late charges.

Late Charges. Tenant’s Rent and all Additional Rent is due on or before the First Day of each Month. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be such costs being extremely difficult and impractical to ascertain. Such costs include, but are not limited towithout limitation, processing processing, administration and accounting charges. Accordingly, if If any installment of any item of Rent or other sum due from Tenant shall is not be received by Landlord on or Landlord’s designee within five (5) days after such amount shall be before the 10th day of the month due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord Landlord, as Additional Rent, (a) ten percent (10%) of the overdue Rent, as a late charge equal to 5% of such overdue amount; provided, however, the foregoing late charge shall not be applicable to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late paymentcharge. The parties hereby agree that such this late charge represents a fair and reasonable estimate of the costs that the Landlord will incur by reason of late payment by Tenant▇▇▇▇▇▇. Acceptance of such any late charge by Landlord shall in no event not constitute a waiver of Tenant’s Default 's default with respect to such the overdue amountamounts, nor prevent the Landlord from exercising any of the other rights and remedies granted available to Landlord hereunder. In addition, should Landlord The payment of a late charge shall be unable in addition to negotiate any payment made interest payable by Tenant on under Section 8. In addition to the first attempt by Landlord and without any notice to Tenantcharges provided for above, Tenant shall pay a charge of $45.00 to Landlord a fee of for each check returned for insufficient funds and $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur 125.00 for each "three (3) day pay or quit" notice sent to Tenant by reason of Landlord’s inability to negotiate such item(s).

Late Charges. Tenant’s Rent and all Additional Rent is due on or before the First Day of each Month. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be such costs being extremely difficult and impractical to ascertain. Such costs include, but are not limited towithout limitation, processing processing, administration and accounting charges. Accordingly, if If any installment of any item of Rent or other sum due from Tenant shall is not be received by Landlord on or Landlord’s designee within five (5) days after such amount shall be before the 10th day of the month due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord Landlord, as Additional Rent, (a) ten percent (10%) of the overdue Rent, as a late charge equal to 5% of such overdue amount; provided, however, the foregoing late charge shall not be applicable to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late paymentcharge. The parties hereby agree that such this late charge represents a fair and reasonable estimate of the costs that the Landlord will incur by reason of late payment by Tenant. Acceptance of such any late charge by Landlord shall in no event not constitute a waiver of Tenant’s Default default with respect to such the overdue amountamounts, nor prevent the Landlord from exercising any of the other rights and remedies granted available to Landlord hereunder. In addition, should Landlord The payment of a late charge shall be unable in addition to negotiate any payment made interest payable by Tenant on under Section 8. In addition to the first attempt by Landlord and without any notice to Tenantcharges provided for above, Tenant shall pay a charge of $45.00 to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair for each check returned for insufficient funds and reasonable estimate of the costs Landlord will incur 5125.00 for each “three (3) day pay or quit” notice sent to Tenant by reason of Landlord’s inability to negotiate such item(s).

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee designated agent within five (5) days after such amount shall be due, then, without any requirement for notice to Tenantis due and owing, Tenant shall pay to Landlord a late charge equal to five percent (5% %) of such overdue amount; provided, however, the foregoing unpaid amount each time a late charge shall not be applicable to is payable during the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late paymentLease Term. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s Default default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In additionthe event that a late charge is payable hereunder, should Landlord be unable 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 Section 4.01 or any other provision of this Lease to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s)contrary.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Minimum Rent and other sums scheduled Additional Rent due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by terms of any mortgage or trust deed covering the Demised Premises. Accordingly, if any installment of Rent or other sum due from Tenant shall not be received by Landlord or Landlord’s designee (a) within five (5) days after receipt of notice that such amount shall be duehas not been paid when due (if notice is required pursuant to Section 21(b)) or (b) within ten (10) days of when due (if no notice is required), then, without any requirement for notice to Tenant, then Tenant shall pay to Landlord a late charge equal to five percent (5% %) of such overdue amount; providedthe installment or $500, howeverwhatever is greater, the foregoing late charge shall not be applicable plus any attorney fees incurred by Landlord by reason of Tenant’s failure to the first (1st) instance of late payment of pay Rent by Tenant until three (3) business days after written notice to Tenant of such late paymentwhen due hereunder. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Landlord will incur by reason of the late payment by of Tenant. Acceptance of such late charge charges by Landlord shall in no event constitute a waiver of Tenant’s Default default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In addition, should Landlord be unable to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s).

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent and other sums due hereunder charges provided for under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be such costs being extremely difficult or impracticable to ascertainfix. Such costs include, but are not limited to, processing and accounting charges, and late charges that may be imposed on Landlord by the terms of any 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 Premises. AccordinglyTherefore, if any installment of Rent or any other sum charge due from Tenant shall is not be received by Landlord or Landlord’s designee within five three (53) days after such amount shall be due, then, without any requirement for notice to Tenantof the due date, Tenant shall pay to Landlord an additional sum equal to five percent (5%) of the amount overdue as a late charge equal to 5% of such overdue amount; providedfor every month or portion thereof that the Rent or other charges remain unpaid, however, the foregoing late charge shall whether or not be applicable to the first (1st) instance of late payment of Rent by Landlord has given Tenant until three (3) business days after written notice to Tenant of such late paymentthe non-receipt of the Rent or other charges or has exercised any remedy herein provided for default by Tenant. The parties hereby agree that such this late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of the late payment by Tenant. Acceptance of such any late charge by Landlord shall in no event not constitute a waiver of Tenant’s Default 's default with respect to such the overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In addition, should Landlord be unable available to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s).

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent and the Monthly Base Rent, Tenant's share of Operating Expenses or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Project. Accordingly, if any installment of Rent the Monthly Base Rent, Operating Expenses, or any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five ten (510) days after such amount shall be due, then, without any requirement for notice to Tenant, ,Tenant shall pay to Landlord a late charge equal to five percent (5% %) of such overdue amount; provided, however, the foregoing . Landlord shall hereby grant Tenant one (1) free mistake in any twelve (12) month period whereby no late charge shall not be applicable to assessed on the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late paymentoverdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s Default 's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In addition, should Landlord be unable to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s).

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent rent and any other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by the terms of the mortgage or deed of trust covering the Leased Premises. Accordingly, if any installment of Rent rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee within five (5) days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to 56% of such overdue amount; provided, however, the foregoing late charge shall not be applicable to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late payment. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s Default or Breach with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In addition, should Landlord be unable to negotiate in the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding any payment made by Tenant on the first attempt by Landlord and without any notice to Tenantother provision of this Lease, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Base Rent shall, at Landlord’s inability to negotiate such item(s)option, become due and payable quarterly in advance.

Late Charges. Tenant hereby acknowledges that in addition to lost interest, the late payment by Tenant to Landlord of Rent and rent or any other sums due hereunder will cause Landlord to incur other costs not contemplated by in this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Such other costs include, but are not limited toto processing, processing administrative and accounting chargescosts. Accordingly, if any installment of Rent rent or any additional rent or other sum due from Tenant shall not be received by Landlord or Landlord’s designee within five (5) days after when such amount shall be due, then, due (without regard to any requirement for notice grace period prior to Tenantdefault granted in this Lease), Tenant shall pay to Landlord as additional rent hereunder a late charge equal to 5% ten percent (10%) of such overdue amount; provided, however, the foregoing late charge shall not be applicable to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late payment. The parties hereby agree that (i) such late charge represents a fair and reasonable estimate of the costs Landlord will incur in processing such past-due payment by reason Tenant, (ii) such late charge shall be paid to Landlord as liquidated damages for each delinquent payment, and (iii) the payment of the late charge is to compensate Landlord for the additional administrative expense incurred by Landlord in handling and processing delinquent payments. Notwithstanding the above, no late charge or interest on past due amounts will be charged if there have been fewer than two (2) incidences of late payment by Tenant. Acceptance within the last twelve (12) months and not more than five (5) incidences 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 payments since the beginning of the other rights and remedies granted hereunder. In addition, should Landlord be unable to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s)lease.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent and Base Rent, Tenant’s Share of Operating Expense increases, Tenant’s Share of Real Property Tax increases or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting chargescharges and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed encumbering the Property. Accordingly, if any installment of Rent Base Rent, Tenant’s Share of Operating Expense increases, Tenant’s Share of Real Property Tax increases or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee within five (5) business days after such amount shall be dueof when due more than once in any twelve month period, then, without any requirement for notice or demand to Tenant, Tenant shall immediately pay to Landlord a late charge equal to 5% six percent (6%) of such overdue amount; provided, however, the foregoing late charge shall not be applicable to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late payment. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s Default default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In addition, should Landlord be unable to negotiate any payment made by Tenant on hereunder including the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee assessment of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s)interest under Section 13.5.

Late Charges. Tenant hereby acknowledges that late payment payments by Tenant to Landlord of Minimum Rent and all other sums due amounts provided to be paid hereunder will shall cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be are extremely difficult and impractical to ascertaindetermine. Such costs include, but are not limited towithout limitation, processing and accounting chargescharges and late charges that may be imposed on Landlord by the terms of any encumbrances and notes secured by any encumbrances covering the Leased Premises, or late charges and penalties by virtue of late payments of taxes due on the Leased Premises. AccordinglyTherefore, if any installment of Minimum Rent or any other sum amount due from Tenant shall is not be received by Landlord or Landlord’s designee within five ten (510) days after such amount shall be of the date due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord an additional sum of ten percent (10%) of the amount due as a late charge equal to 5% of such overdue amount; provided, however, the foregoing late charge shall not be applicable to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late paymentcharge. The parties hereby agree that such this late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of the late payment by Tenant. Acceptance of such any late charge by Landlord shall in no event not constitute a waiver of Tenant’s Default 's default with respect to such the overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunderavailable to Landlord. In addition, should Landlord in the event Tenant fails to pay within thirty (30) days after the same is due and payable any installment of Minimum Annual Rent or any other sum or charge required to be unable to negotiate any payment made paid by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee under this Lease, such unpaid amount shall bear interest from the due date thereof to the date of $50.00 payment at the rate of fourteen percent (14%) per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s)annum until paid.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent and Base Rent, Tenant's Share of Operating Expense increases, Tenant's Share of Real Estate Tax increases, Tenant Electricity Cost, parking charges (if any), after hours HVAC charges, or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting chargescharges and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed encumbering the Project. Accordingly, if any installment of Rent Base Rent, Tenant's Share of Operating Expense increases, parking charges (if any), after hours HVAC charges or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee within five (5) days after when such amount shall be due, then, without any requirement for notice or demand to Tenant, Tenant shall immediately pay to Landlord a late charge equal to 5% six percent (6%) of such overdue amount; provided, however, the foregoing late charge shall not be applicable to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late payment. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s Default 's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In addition, should Landlord be unable to negotiate any payment made by Tenant on hereunder including the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee assessment of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s)interest under section 13.5.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent and any Monthly Base Rental, Additional Rent, or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any mortgage or deed of trust covering the Building. Accordingly, if any installment of Rent Monthly Base Rental, Additional Rent, or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee designated agent within five three (53) days after such amount shall be due, then, without any requirement for so long as Landlord has delivered written notice to TenantTenant specifying the payment amount not received and Tenant fails to pay such amount within five (5) days of receipt of said written notice, Tenant shall pay to Landlord a late charge equal to five percent (5% %) of such overdue amount; provided, however, the . The foregoing late charge shall not be applicable to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late paymentshall only be required two (2) times per calendar year. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s Default default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In addition, should Landlord be unable to negotiate Notwithstanding any payment made by Tenant on the first attempt by Landlord and without any notice to Tenantother provision in this Lease, Tenant shall pay have thirty (30) days from receipt of any invoice for payment of Additional Rent prior to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s)incurring any late charges under this Article 5.

Late Charges. Tenant hereby acknowledges that any late payment by Tenant to Landlord of Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be is extremely difficult to ascertain. Such costs include, include but are not limited to: administrative, processing processing, accounting, and accounting chargeslate charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent or other sum due from Tenant shall is not be received by Landlord or Landlord’s its designee within five ten (510) days after such amount shall be due, then, without any requirement for notice to Tenantthe due date therefor, Tenant shall pay to Landlord a late charge equal to 5% three percent (3%) of the amount due. Notwithstanding the foregoing, ▇▇▇▇▇▇▇▇ agrees to waive such late charge on the first occasion of such overdue amount; provided, however, the foregoing late charge shall not be applicable to the first (1st) instance of late payment of Rent during any consecutive twelve (12) calendar month period provided that such overdue amount is paid in full by Tenant until three check or electronic funds transfer within five (35) business days after written ▇▇▇▇▇▇’s receipt of notice to Tenant of from Landlord that such late paymentpayment is past due. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance by Landlord of such late charge by Landlord shall in no event not constitute a waiver of Tenant’s Default default with respect to such overdue amount, amount nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In addition, should Landlord be unable to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s).

Late Charges. If Tenant shall fail to pay to Landlord any Rent or other sums when due hereunder, such unpaid amounts shall bear interest at the prime commercial rate then being charged by Bank of America plus two percent (2%) per annum from the date due to the date of payment. In addition, Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent or other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five (5) days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to 5% ten percent (10%) of such overdue amount; provided, however, the foregoing . No late charge shall not may be applicable to imposed more than once for the first (1st) instance of same late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late payment. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s Default 's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In addition, should Landlord be unable at law or equity or pursuant to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s)this Lease.

Late Charges. Tenant hereby acknowledges that late payment by Tenant of any sum owed to Landlord of Rent and other sums due hereunder under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount amounts of which will be are extremely difficult and impracticable to ascertainfix. Such costs include, but are not limited towithout limitation, processing and accounting charges, time spent addressing the issue with Tenant, and late charges that may be imposed on Landlord by the terms of any obligation or note secured by any encumbrance covering the Premises. AccordinglyTherefore, if any installment of Rent rent or other sum payment due from Tenant shall is not be received by Landlord or Landlord’s designee within five (5) business days after such amount shall be from when due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord an additional sum equal to ten percent (10%) of the overdue rent or other payment as a late charge equal to 5% of such overdue amount; provided, however, the foregoing late charge charge. Late charges shall not be applicable to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late paymentdeemed Additional Rent. The parties hereby agree that such this late charge represents a fair and reasonable estimate of the administrative and other costs that Landlord will incur by reason of a late payment by Tenant. Acceptance of such any late payment charge by Landlord shall in no event not constitute a waiver of Tenant’s Default 's default with respect to such the overdue amountpayment, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In addition, should Landlord be unable to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay available to Landlord a fee of $50.00 per item which under this Lease, at law or in equity, including, but not limited to, the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability interest charge imposed pursuant to negotiate such item(s)Paragraph 22.2.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent and Base Rent, Tenant's Percentage Share of Operating Expenses or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting chargescharges and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed encumbering the Project. Accordingly, if any installment of Rent Base Rent, Tenant's Percentage Share of Operating Expenses or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee within five (5) days after when such amount shall be due, then, without any requirement for notice or demand to Tenant, Tenant shall immediately pay to Landlord a late charge equal to 5% of such overdue amount; provided, however, the foregoing late charge shall not be applicable to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late payment[*]. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s Default 's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder, including the assessment of interest under Section 17.5. In addition, should Landlord be unable Notwithstanding anything to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenantcontrary contained herein, Tenant shall pay be entitled to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s)notice [*].

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent and rent or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent rent or other any sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five (5) days after such when said amount shall be is due, then, without any requirement for notice to Tenant, then Tenant shall pay to Landlord a late charge equal to 5% the maximum amount permitted by law (and in the absence of any governing law, ten percent (10%) of such overdue amount; provided), however, the foregoing late charge shall not be applicable plus any attorneys' fees incurred by Landlord by reason of Tenant's failure to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late paymentpay rent and/or other charges when due hereunder. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Landlord will incur by reason of the late payment by Tenant. Acceptance of such late charge charges by Landlord shall in no event constitute a waiver of Tenant’s Default 's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In addition, should Landlord be unable to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s).

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges. Accordingly, if any installment of Rent or other sum due from Tenant shall not be received by Landlord or Landlord’s designee within five (5) 4 days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to 5% of such overdue amount; provided, however, the foregoing late charge shall not be applicable to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late payment. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment 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 addition, should Landlord be unable to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s). Notwithstanding the foregoing, before assessing a late charge the first time in any one (1) year period, Landlord shall provide Tenant written notice of the delinquency, and shall waive such late charge if Tenant pays such delinquency within five (5) days thereafter.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of Base Rent and Tenant's Share of Operating Expenses or other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five (5) * days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to 5% * of such overdue amount; provided, however, the foregoing late charge shall not be applicable to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late payment. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s 's Default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In additionthe event that a late charge is payable hereunder, should Landlord be unable whether or not collected for * consecutive installments of Base Rent and Tenant's Share of Operating Expenses, then notwithstanding Section 4.1 or any other provision of this Lease to negotiate any payment made by Tenant on the first attempt by Landlord contrary, Base Rent and without any notice to Tenant's Share of Operating Expenses shall, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair at Landlord's option, become due and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s)payable quarterly in advance.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five (5) business days after such amount shall be due, due then, without any requirement for notice to TenantTenant (notwithstanding Section 14.1(b)), Tenant shall pay to Landlord a late charge equal to 5% four (4) percent of such overdue amount; provided, however, the foregoing late charge shall not be applicable to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late payment. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s Default 's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In additionthe event that a late charge is payable hereunder, should Landlord be unable whether or not collected, for three consecutive installments of Base Rent, then at Landlord's option Base Rent shall become due and payable quarterly in advance, rather than monthly, notwithstanding Article IV or any other provision of this Lease to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s)contrary.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent and rent, of additional rent, or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent rent, additional rent, or any other sum sums due from Tenant shall not be received by Landlord or Landlord’s designee within five ten (510) calendar days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to 5% fifteen percent (15%) of such overdue amount; provided, however, the foregoing late charge shall not be applicable to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late payment. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s Default default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In additionthe event that a late charge is payable hereunder, should Landlord be unable to negotiate whether or not collected, for three (3) consecutive installments of any payment made by Tenant on of the first attempt by Landlord and without any notice to aforesaid monetary obligations of Tenant, Tenant then the rent shall pay automatically be due and payable quarterly in advance, rather than monthly, notwithstanding paragraph (3) or any other provision of this Lease to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s)contrary.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and administrative, processing, accounting charges, and late charges, which may be imposed on Landlord by the terms of any contract ,revolving credit, mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee within five ten (510) days after such amount shall be due, then, without any requirement for and provided Tenant shall have received from Landlord notice that such sum has not been received by Landlord or its designee and Tenant fails to Tenantpay the same within three (3) days after receipt of such notice, Tenant shall pay to Landlord a late charge equal to five (5% %) percent of such overdue amount; provided, however, amount which shall be due and payable with the foregoing late charge shall not be applicable to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late paymentthen delinquent. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s Default default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In additionthe event that a late charge is payable hereunder, should Landlord be unable 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 provision of this Lease to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s)contrary.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Base Rent and or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Rent Base Rent, Tenant's Share of Operating Expenses or Applicable Taxes or any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five ten (510) days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to 56% of such overdue amount; provided, however, the foregoing late charge shall not be applicable to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late payment. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s Default 's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In addition, should Landlord be unable to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s).

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent and Base Rent, Tenant's Share of Operating Expense or Real Property Tax increases, parking charges, Non-Business Hours HVAC Charges, or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting chargescharges and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed encumbering the Project. Accordingly, if any installment of Rent Base Rent, Tenant's Share of Operating Expense or Real Property Tax increases, parking charges, Non-Business Hours HVAC Charges or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee within five (5) days after when such amount shall be due, then, without any requirement for notice or demand to Tenant, Tenant shall immediately pay to Landlord a late charge equal to 5% six percent (6%) of such overdue amount; provided, however, the foregoing late charge shall not be applicable to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late payment. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s Default 's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In addition, should Landlord be unable to negotiate any payment made by Tenant on hereunder including the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee assessment of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s)interest under Section 13.5.

Late Charges. Tenant hereby acknowledges that late payment by Tenant Tenant’s failure to Landlord of Rent and other sums due hereunder will pay rent promptly may cause Landlord to incur costs not contemplated by this Lease, the unanticipated costs. The exact amount of which will be such costs are impractical or extremely difficult to ascertain. Such costs may include, but are not limited to, processing and accounting chargescharges and late charges which may be imposed on Landlord by any ground lease, mortgage or trust deed encumbering the Property. AccordinglyTherefore, if Landlord does not receive any installment of Rent or other sum due from Tenant shall not be received by Landlord or Landlord’s designee rent payment within five (5) days after such amount shall be due, then, without any requirement for notice to Tenantit becomes due (“Late Charge Due Date”), Tenant shall immediately pay to Landlord a late charge equal to 5% ten percent (10%) of such the overdue amount; provided, however, the foregoing late charge shall not be applicable to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late payment. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of such late payment payment. Tenant shall pay such late charge to Landlord immediately after the Late Charge Due Date, and if Tenant fails to so pay such amount to Landlord, then such nonpayment shall be considered a monetary default by TenantTenant and a failure by Tenant to pay rent under this Lease, and Tenant shall pay interest to Landlord on such unpaid late charge amount pursuant to Section 4.6, below (but not greater than the maximum amount permitted by law on such late charge and only to the extent permitted by law) from the Late Charge Due Date. Acceptance Landlord’s acceptance of such late charge by Landlord shall in no event not constitute a waiver of Tenant’s Default default with respect to such overdue amount, nor amount or prevent Landlord from exercising any of the other rights and remedies granted hereunder. In addition, should Landlord be unable to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s)under this Lease.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent and Base Rent, Tenant's Share of Operating Expense Increase or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, include but are not limited to, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Rent Base Rent, Operating Expense Increase, or any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five ten (510) days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to 5% six percent (6%) of such overdue amount; provided, however, but not to exceed the foregoing maximum late charge shall not be applicable to permitted by law in the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late paymentjurisdiction where the Office Building Project is 1ocated. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s Default 's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In addition, should Landlord be unable to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s).

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, to processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering any Property. Accordingly, if any installment of Rent rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five (5) days after when such amount shall be duedue (subject to any applicable grace period or notice requirement herein contained), then, without any requirement for additional notice to Tenant, Tenant shall pay pay, to Landlord a late charge Late Charge equal to 5% four percent of such overdue amount; provided, however, the foregoing late charge shall not be applicable to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late payment. The parties hereby agree that such late charge Late Charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge Late Charge by Landlord shall in no event constitute a waiver of Tenant’s Default 's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In addition; provided, should Landlord be unable to negotiate any however, that payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate in full of the costs Landlord Late Charge and all other amounts required by this Lease to completely cure the default, if such payments are made timely within applicable cure periods set forth herein, or are otherwise accepted in full by Landlord, will incur by reason of Landlord’s inability to negotiate cure such item(s)default.

Late Charges. The Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent and other sums due hereunder will cause the Landlord to incur costs not contemplated by this Lease, the exact amount of which will be such costs being extremely difficult and impracticable to ascertainfix. Such costs include, but are not limited towithout limitation, processing and accounting chargescharges and late charges that may be imposed on the Landlord by the terms of any encumbrance and note secured by any encumbrance covering the Premises. AccordinglyTherefore, if any installment of Rent or other sum due from the Tenant shall is not be received by the Landlord or Landlord’s designee within five (5) days after such amount shall be the same becomes due, then, without any requirement for notice to Tenant, the Tenant shall pay to the Landlord on demand the Landlord's out of pocket expenses incurred in obtaining or attempting to obtain payment of the amount in arrears and in addition the Tenant agrees to pay to the Landlord as a late charge equal with respect to each amount of Rent in arrears after expiry of the five (5% ) day grace period either: (a) five percent (5%) of the amount in arrears at the end of the five (5) day grace period; or (b) Twenty-Five Dollars ($25) whichever is the greater, and such overdue amount; provided, however, amount shall become payable immediately on expiry of the foregoing late charge shall not be applicable five (5) day grace period with respect to the first amount becoming in arrears and shall thereafter be calculated and become payable on the sixth (1st6th) instance day of late payment of each and every month with respect to the aggregate amount in arrears so long as any Rent by Tenant until three (3) business days after written notice to Tenant of such late paymentremains in arrears. The parties hereby agree that such this late charge represents a fair and reasonable estimate of the costs that the Landlord will incur by reason of such late payment by the Tenant. Acceptance of such any late charge by Landlord charges shall in no event not constitute a waiver of the Tenant’s Default 's default with respect to such the overdue amount, nor or prevent the Landlord from exercising any of the other rights and remedies granted hereunder. In addition, should Landlord be unable available to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s).

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent and Base Rent, Tenant's Share of Operating Expense increases, Tenant’s Share of Real Property Tax increases, parking charges, after hours HVAC charges, or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting chargescharges and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed encumbering the Project. Accordingly, if any installment of Rent Base Rent, Tenant's Share of Operating Expense increases, Tenant’s Share of Real Property Tax increases, parking charges, after hours HVAC charges or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee within five (5) days after when such amount shall be due, then, without any requirement for notice or demand to Tenant, Tenant shall immediately pay to Landlord a late charge equal to 5% six percent (6%) of such overdue amount; provided, however, the foregoing late charge shall not be applicable to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late payment. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s Default 's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In addition, should Landlord be unable to negotiate any payment made by Tenant on hereunder including the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee assessment of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s)interest under Section 13.5.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent, Additional Rent and or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs includeIf any Rent, but are not limited to, processing and accounting charges. Accordingly, if any installment of Additional Rent or other sum due from Tenant shall is not be received by Landlord or Landlord’s designee 's designated agent within five ten (510) days after such amount shall be being due, then, without any requirement for notice to Tenant, then Tenant shall pay to Landlord a late charge equal to five percent (5% %) of such overdue amount; provided, howeverplus any attorneys' fees incurred by Landlord by reason of Tenant's failure to pay Rent and other charges when due hereunder. All unpaid Rent, Additional Rent or other sum due from Tenant to Landlord under this Lease shall bear interest from the foregoing late charge shall not be applicable to tenth (10th) day after the first due date thereof until paid, at the lesser of sixteen percent (1st16%) instance of late payment of Rent per annum or the maximum interest rate per annum allowed by Tenant until three (3) business days after written notice to Tenant of such late paymentlaw. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Landlord will incur by reason of Tenant's late payment by Tenantpayment. Acceptance Landlord's acceptance of such late charge by Landlord charges shall in no event not constitute a waiver of Tenant’s Default 's default with respect to such overdue amount, nor prevent amount or estop Landlord from exercising any of the other rights and remedies granted hereunder. In addition, should Landlord be unable to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s).

Late Charges. Tenant hereby acknowledges that late payment ------------ by Tenant to Landlord of Rent rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five (5) business days after such amount shall be due, due then, without any requirement for notice to TenantTenant (notwithstanding Section 14.1(b)), Tenant shall pay to Landlord a late charge equal to 5% four (4) percent of such overdue amount; provided, however, the foregoing late charge shall not be applicable to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late payment. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s Default 's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In additionthe event that a late charge is payable hereunder, should Landlord be unable whether or not collected, for three consecutive installments of Base Rent, then at Landlord's option Base Rent shall become due and payable quarterly in advance, rather than monthly, notwithstanding Article IV or any other provision of this Lease to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s)contrary.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent and rent or other sums due hereunder thereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent rent or other any sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five (5) days after such amount shall be it is due, then, without any requirement for notice to Tenant, then Tenant shall pay to Landlord a late charge equal to 5% $25.00 for each delinquent installment, plus any attorney's fees incurred by Landlord by reason of such overdue amount; provided, however, the foregoing late charge shall not be applicable Tenant's failure to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late paymentpay rent and/or other charges when due hereunder. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Landlord will incur by reason of the late payment by Tenant. Acceptance of such late charge charges by the Landlord shall in no event constitute a waiver of Tenant’s Default 's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In addition, should Landlord be unable to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s).

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent and other sums due hereunder will charges provided for under this Lease shall cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be such costs being extremely difficult or impracticable to ascertainfix. Such costs include, but are not limited to, processing and accounting charges, and late charges that may be imposed on Landlord by the terms of any 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 Premises. AccordinglyTherefore, if any installment of Rent or any other sum charge due from Tenant shall is not be received by Landlord or Landlord’s designee within five seven (57) days after Tenant’s receipt of written notice of such amount shall be due, then, without any requirement for notice to Tenantdelinquent payment, Tenant shall pay to Landlord a late charge an additional sum equal to 5% of such overdue amount; provided, however, the foregoing late charge shall not be applicable to the first (1st) instance of late payment of Rent by Tenant until three percent (3%) business days after written notice to Tenant of such the amount overdue as a one (1) time late paymentcharge, whether or not Landlord has exercised any remedy herein provided for default by Tenant. The parties hereby agree that such this late charge represents a fair and reasonable estimate of the costs that Landlord will shall incur by reason of the late payment by Tenant. Acceptance of such any late charge by Landlord shall in no event not constitute a waiver of Tenant’s Default default with respect to such the overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In addition, should Landlord be unable to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay available to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s)on account thereof.

Late Charges. Tenant hereby acknowledges that late payment by Tenant ------------ to Landlord of Rent rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Base Rent, Additional Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five ten (510) days after such paid amount shall be is due, then, without any requirement for notice to Tenant, then Tenant shall immediately pay to Landlord a late charge equal to five percent (5% %) of such overdue amount; providedover due amount or the sum of One Hundred Dollars ($100.00), however, the foregoing late charge shall not be applicable to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late paymentwhichever is greater. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs cost Landlord will incur by reason of late payment by TenantTenant and is in addition to interest due under Section 25.4. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s Default 's default with respect to such overdue amount, nor or prevent Landlord from exercising any of the other rights and remedies granted hereunder. In addition, should Landlord be unable to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s).

Late Charges. Any and all sums or charges set forth in this Section 8 are considered part of Additional Rent. Tenant hereby acknowledges that late payment (the fifth day of each month or any time thereafter) by Tenant to Landlord of Rent and Base Rent, Tenant's Share of Operating Expenses, Tax Expenses, or other sums due hereunder hereunder, will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be such costs being extremely difficult and impracticable to ascertainfix. Such costs include, but are not limited towithout limitation, processing and accounting charges, and late charges that may be imposed on Landlord by the terms of any note secured by any encumbrance against the Premises, and late charges and penalties due to the late payment of real property taxes on the Premises. AccordinglyTherefore, if any installment of Rent or any other sum due from Tenant shall is not be received by Landlord or Landlord’s designee within five (5) days after such amount shall be when due, then, without any requirement for notice to Tenant, Tenant shall promptly pay to Landlord a late charge an additional sum equal to five percent (5% %) of such overdue delinquent amount; provided. If Tenant delivers to Landlord a check for which there are not sufficient funds, howeverLandlord may, at its sole option, require Tenant to replace such check with a cashier's check for the foregoing late charge shall not be applicable to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant amount of such late paymentcheck and all other charges payable hereunder. The parties hereby agree that such this late charge represents and the other charges referenced above represent a fair and reasonable estimate of the costs that Landlord will incur by reason of late payment by Tenant. Acceptance of such any late charge by Landlord or other charges shall in no event not constitute a waiver by Landlord of Tenant’s Default 's default with respect to such overdue the delinquent amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In addition, should Landlord be unable to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay available to Landlord a fee for any other breach of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s)Tenant under this Lease.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent and rent, of additional rent, or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent rent, additional rent, or any other sum sums due from Tenant shall not be received by Landlord or Landlord’s designee within five (5) calendar days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to 5% two percent (2%) of such overdue amount; provided, however, the foregoing late charge shall not be applicable to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late payment. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s Default default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In additionthe event that a late charge is payable hereunder, should Landlord be unable to negotiate whether or not collected, for three (3) consecutive installments of any payment made by Tenant on of the first attempt by Landlord and without any notice to aforesaid monetary obligations of Tenant, Tenant then the rent shall pay automatically become due and payable quarterly in advance, rather than monthly, notwithstanding paragraph (3) or any other provision of this Lease to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s)contrary.

Late Charges. Tenant hereby acknowledges that late payment payments by Tenant to Landlord of Rent rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited toto utility, processing and accounting charges, and late charges which may be imposed upon Landlord. Accordingly, if any installment of Rent rent or other sum due from Tenant shall not be received by Landlord or Landlord’s designee within five fifteen (515) days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to five percent (5% %) of such overdue amount; provided, however, the foregoing late charge shall not be applicable to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late payment. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment payments by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s 's Default or Breach with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In additionthe event that a late charge is payable hereunder, should Landlord be unable whether or not collected, for three (3) consecutive installments of Rent, then notwithstanding Paragraph 4 or any other provision of this Lease to negotiate any payment made by Tenant on the first attempt by Landlord contrary, Rent shall, at Landlord's option, become due and without any notice to Tenant, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s)payable quarterly in advance.

Late Charges. 6.1 Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent and or additional rent or other sums due hereunder will cause Landlord to incur administrative costs and loss of investment income not contemplated by this Lease, Lease the exact amount of which will be extremely difficult to ascertain. Such costs includeIf any Rent, but are not limited to, processing and accounting charges. Accordingly, if any installment of Rent additional rent or other sum due from Tenant shall is not be received by Landlord or Landlord’s designee 's designated agent within five (5) days after such amount shall be due, then, without any requirement for receipt of written notice to Tenant, then Tenant shall pay to Landlord a late charge equal to five percent (5% %) of such overdue amount; provided, however, the foregoing late charge shall not be applicable amount plus any reasonable attorneys' fees and costs incurred by Landlord by reason of Tenant's failure to the first (1st) instance of late payment of pay Rent by Tenant until three (3) business days after written notice to Tenant of such late paymentand other charges when due hereunder. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs administrative cost that Landlord will incur by reason of Tenant's late payment by Tenantpayment. Acceptance Landlord's acceptance of such late charge by Landlord charges shall in no event not constitute a waiver of Tenant’s Default 's default with respect to such overdue amount, nor prevent amount or estop Landlord from exercising any of the other rights and remedies granted hereunder. . 6.2 In additionaddition to the administrative late charge provided for under Article 6.1 above if any Rent, should Landlord be unable to negotiate any payment made by additional rent or other sum due from Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee is not paid as and when due under this Lease such unpaid amount shall bear interest from the date due until the date paid at an annual rate of $50.00 per item which interest equal to the parties hereby agree represents a fair and reasonable estimate lesser of (a) the costs Landlord will incur by reason prime rate of Landlord’s inability interest as published in the Wall Street Journal (or any successor publication thereto) from time to negotiate such item(s)time plus two percent (2%) or (b) the highest annual rate of interest permitted under applicable law.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent and rent or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by terms of any mortgage or deed of trust covering the Shopping Center. Accordingly, if any installment of Rent rent or other any sum due from Tenant shall not be received by Landlord Landlord, or Landlord’s designee 's agent, within five (5) days after such amount shall be duethe due date set forth herein, then, without any requirement for notice to Tenant, then Tenant shall pay to Landlord a late charge equal to 5% in the amount of ten (10%) percent of such overdue amount; provided, however, the foregoing late charge shall not be applicable plus any attorney's fees and/or costs incurred by Landlord by reason of Tenant's failure to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late paymentpay rent and/or other charges when due. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Landlord will incur by reason of the late payment by Tenant. Acceptance of such late charge by charges of the Landlord shall in no event constitute a waiver of Tenant’s Default 's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In addition, should Landlord be unable to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s).

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee within five ten (510) days after receipt of written notice that such amount shall be is past due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord as liquidated damages, a late charge equal to 5% one percent (1%) of such overdue amount; providedamount plus interest at the rate provided for herein accruing from the date such sum was originally due, however, the foregoing late charge plus any attorney fees incurred by Landlord in collecting such overdue Rent. Landlord agrees that no such amounts shall not be applicable to due upon the first (1st) instance receipt of late payment of Rent by Tenant until three (3) business days after written an overdue notice to Tenant of such late paymentfrom Landlord during the Term. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance Such sum shall constitute additional rent hereunder. If Tenant is not otherwise in default of its obligations under this Lease, acceptance of such late charge along with all of the overdue amount (including any interest thereon as required by this Lease), by Landlord shall in no event constitute a waiver of Tenant’s Default default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In addition, should Landlord be unable to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s).

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent or rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and administrative, processing, accounting charges, and late charges, which may be imposed on Landlord by the terms of any contract, revolving credit, mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five ten (510) days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to 5% three percent (3%) of such overdue amount; provided, however, amount which shall be due and payable with the foregoing late charge shall not be applicable to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late paymentthen delinquent. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s Default 's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In additionthe event that a late charge is payable hereunder, should Landlord be unable 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 provision of this Lease to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s)contrary.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges. Accordingly, if any installment of Rent or other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five six (56) days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to 5% of such overdue amount; provided, however, the foregoing late charge shall not be applicable to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late payment. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s 's Default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In addition, should Landlord be unable to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s 's inability to negotiate such item(s).

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and administrative, processing, accounting charges, and late charges, which may be imposed on Landlord by the terms of any contract, revolving credit, mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five ten (510) days after Tenant's receipt of written notice that such amount shall be due, then, without any requirement for notice to Tenantis delinquent, Tenant shall pay to Landlord a late charge equal to 5% four percent (4%) of such overdue amount; provided, however, amount which shall be due and payable with the foregoing late charge shall not be applicable to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late paymentthen delinquent. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s Default 's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In addition, should Landlord be unable to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s).

Late Charges. Tenant hereby acknowledges that the late payment by Tenant to Landlord of Rent and other any sums due hereunder under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be such costs being extremely difficult and impractical to ascertainfix. Such costs include, but are not limited to, processing and accounting charges. AccordinglyTherefore, if any installment of Rent or other sum due from Tenant shall rent is not be received by Landlord or Landlord’s designee (within five (5) days after such amount shall be of written notice by Landlord to Tenant that payment is due, thenprovided that, without any requirement for if Landlord has delivered such a written notice to TenantTenant within the twelve (12) month period preceding such delinquency, Landlord shall have no notice obligation with respect to such delinquency) or if any Additional Rent or any other sum due under this Lease is not paid by Tenant within five (5) days of receipt of a statement therefore from Landlord, Tenant shall pay to Landlord an additional sum of six percent (6%) of the overdue amount as a late charge equal to 5% of such overdue amount; provided, however, the foregoing charge. Such late charge shall be in addition to, and not be applicable in lieu of, any interest which may become due upon such sum pursuant to the first (1st) instance Article 38 of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late paymentthis Lease. The parties hereby to this Lease agree that such this late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment by Tenant. Acceptance of such any late charge by Landlord shall in no event not constitute a waiver of Tenant’s Default 's default with respect to such the overdue amount, nor amount or prevent Landlord from exercising any of the other rights and remedies granted hereunder. In addition, should Landlord be unable to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay available to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability under this Lease, or pursuant to negotiate such item(s)any law now or hereafter in effect. The aforesaid late charge shall be considered Additional Rent.

Late Charges. Tenant hereby acknowledges that late payment by Tenant of any amount owed to Landlord of Rent and other sums due hereunder under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be such costs being extremely difficult and impracticable to ascertainfix. Such costs include, but are not limited towithout limitation, processing and accounting charges, time spent addressing the issue with Tenant, and late charges that may be imposed on Landlord by the terms of any encumbrance or note secured by any encumbrance covering the Premises. AccordinglyTherefore, if any installment of Rent or other sum payment due from Tenant shall is not be received by Landlord or Landlord’s designee within five (5) days after such amount written notice that the same is due (or, if Tenant shall be failed to pay rent when due more than twice in any calendar year, if such amounts are not received by landlord on the date due, then, without any requirement for notice to Tenant), Tenant shall pay to Landlord Landlord, as liquidated damages for Tenant's failure to make such timely payment, an additional sum of five percent (5%) of the overdue Rent or other payment per month as a late charge equal to 5% of such overdue amount; provided, however, the foregoing late charge shall not be applicable to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late paymentcharge. The parties hereby agree that such the 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 such any late payment charge by Landlord shall in no event not constitute a waiver of Tenant’s Default 's default with respect to such the overdue amountpayment, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In addition, should Landlord be unable to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay available to Landlord a fee of $50.00 per item which under this Lease, at law or in equity, including, but not limited to, charging the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability Interest Rate imposed pursuant to negotiate such item(s)Section 20.2.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges. Accordingly, if any installment of Rent or other sum due from Tenant shall not be received by Landlord or Landlord’s designee within five (5) 4 days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to 5% of such overdue amount; provided, however, the foregoing late charge shall not be applicable to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late payment. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment 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 addition, should Landlord be unable to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s).

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting chargescharges and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the lease premises. Accordingly, if any installment of Rent rent or other sum such amount due from Tenant shall not be received by Landlord or Landlord’s designee within five (5) days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to five percent (5% %) of such overdue amount; provided, however, the foregoing late charge shall not be applicable to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late payment. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant▇▇▇▇▇▇. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s Default 's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In additionthe event the late charge is payable hereunder, should Landlord 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 of this Lease to the contrary. Notwithstanding anything herein to the contrary, said late charges shall be unable to negotiate any payment made by Tenant on automatically deducted from the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s)security deposit.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent and Base Rent, Tenant’s Share of Operating Expense increases, Tenant’s Share of Real Property Tax increases, parking charges, after hours HVAC charges, or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting chargescharges and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed encumbering the Project. Accordingly, if any installment of Rent Base Rent, Tenant’s Share of Operating Expense increases, Tenant’s Share of Real Property Tax increases, parking charges, after hours HVAC charges or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee within five (5) days after of when such amount shall be due, then, without any requirement for notice or demand to Tenant, Tenant shall immediately pay to Landlord a late charge equal to 5% six percent (6%) of such overdue amount; provided, however, the foregoing late charge shall not be applicable to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late payment. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s Default default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In addition, should Landlord be unable to negotiate any payment made by Tenant on hereunder including the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee assessment of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s)interest under Section 13.5.

Late Charges. Tenant hereby acknowledges that late payment payments by Tenant to Landlord of Rent and rent or other sums due hereunder will cause Landlord to incur costs not contemplated by this Leaselease, including without limitation processing and accounting charges, administrative expense, and additional interest expense or late charges to Landlord resulting from late payment by Landlord of payments due on obligations of Landlord, whether or not secured by an encumbrance on the premises. Tenant acknowledges that the exact amount of which will such damages would be extremely difficult and impractical to ascertain. Such costs include, but are and that the expense of attempting to ascertain the exact amount of such damages would be an additional cost not limited to, processing and accounting chargescontemplated by this lease. Accordingly, if in the event that Tenant shall fail to pay any installment of Rent rent or other any sum due from Tenant shall not be received by Landlord or Landlord’s designee hereunder within five ten (510) days after the date such amount shall be is due, then, and without regard to whether Landlord gives Tenant notice of such failure or exercises any requirement remedy herein provided for notice to default by Tenant, Tenant shall pay to Landlord as additional rent a late charge equal to 5% one percent (1%) of each such overdue amount; provided, however, installment or other sum. Landlord and Tenant agree that the foregoing late charge shall not be applicable to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late payment. The parties hereby agree that such late charge represents herein provided is a fair and reasonable estimate of the costs damages which Landlord will shall incur by reason of late payment by Tenant. Acceptance Landlord’s acceptance of such any late charge by Landlord shall in no event not constitute a waiver of Tenant’s Default default with respect to the overdue amount if Tenant fails to pay such overdue amountamount within any applicable grace period provided in this lease, nor shall such acceptance prevent Landlord from exercising any of the other rights and or remedies granted hereunder. In addition, should Landlord be unable to negotiate any payment made herein provided for default by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s).

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent and other sums due hereunder will rent shall cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will shall be extremely difficult to ascertain. Such These costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any Superior Leases and Mortgages. Accordingly, subject to the provisions of this Section 31.6, if any installment of Monthly Rent or other sum scheduled periodic monthly payment of additional rent (the timing and amount of each has been provided to Tenant in writing reasonably in advance of the due date therefor) due from Tenant shall is not be received by Landlord or Landlord’s designee within five (5) days after such the amount shall be is due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to 5% two percent (2%) of such the overdue amount; provided, however, the foregoing late charge shall not be applicable to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late payment. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge charges by Landlord shall in no event not constitute a waiver of Tenant’s Default default with respect to such the overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunderhereunder or at law or in equity. In additionNotwithstanding any provision of this Lease to the contrary, should Landlord be unable to negotiate shall not charge Tenant any payment made by Tenant on such late charge for the first attempt 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 full within five (5) days of delivery of written notice of the delinquency of such payment by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s).

Late Charges. Tenant hereby acknowledges that late payment by Tenant to ------------ Landlord of Rent and or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges. Accordingly, if If any installment of Rent or other sum sums due from Tenant shall is not be received by Landlord or Landlord’s designee 's designated agent within five ten (510) days after such amount shall be dueits due date, then, without any requirement for notice to Tenant, then Tenant shall pay to Landlord a late charge equal to 5% the maximum amount permitted by law (and in the absence of any governing law, [*]percent ([*]%) of such overdue amount; provided), however, the foregoing late charge shall not be applicable to the first (1st) instance of late payment of Rent plus reasonable attorneys' fees incurred by Tenant until three (3) business days after written notice to Tenant of such late paymentLandlord due hereunder. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Landlord will incur by reason of Tenant's late payment by Tenantpayment. Acceptance Landlord's acceptance of such late charge by Landlord charges shall in no event not constitute a waiver of Tenant’s Default 's default with respect to such overdue amount, nor prevent amount or stop Landlord from exercising any of the other rights and remedies granted hereunder. In additionNotwithstanding the foregoing, should Landlord be unable agrees to negotiate any payment made by Tenant waive the imposition of such late charge on the first attempt by (1st) two (2) occasions in any twelve (12) month period, provided each overdue payment is made within five (5) days after Landlord and without any gives Tenant written notice to Tenant, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s)that payment was not made when due.

Late Charges. Tenant hereby acknowledges that late payment by Tenant of any sum owed to Landlord of Rent and other sums due hereunder under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount amounts of which will be are extremely difficult and impracticable to ascertainfix. Such costs include, but are not limited towithout limitation, processing and accounting charges, time spent addressing the issue with Tenant, and late charges that may be imposed on Landlord by the terms of any obligation or note secured by any encumbrance covering the Premises. AccordinglyTherefore, if any installment of Rent rent or other sum payment due from Tenant shall is not be received by Landlord or Landlord’s designee within five (5) business days after such amount shall be from when due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord an additional sum equal to five percent (5%) of the overdue rent or other payment as a late charge equal to 5% of such overdue amount; provided, however, the foregoing late charge charge. Late charges shall not be applicable to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late paymentdeemed Additional Rent. The parties hereby agree that such this late charge represents a fair and reasonable estimate of the administrative and other costs that Landlord will incur by reason of a late payment by Tenant. Acceptance of such any late payment charge by Landlord shall in no event not constitute a waiver of Tenant’s Default 's default with respect to such the overdue amountpayment, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In addition, should Landlord be unable to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay available to Landlord a fee of $50.00 per item which under this Lease, at law or in equity, including, but not limited to, the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability interest charge imposed pursuant to negotiate such item(s)Paragraph 22.2.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five (5) days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to 5% six percent (6%) of such overdue amount; providedprovided that as to the initial such late payment in any twelve (12) consecutive month period during the Term, however, the foregoing such late charge shall not be applicable to the first (1st) instance of late payment of Rent due or payable unless such failure by Tenant until three to pay when due is not cured within five (35) business days after following Tenant's receipt of written notice to Tenant of such late paymentthereof from Landlord. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s Default 's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In addition, should Landlord be unable to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s).

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent and Base Rent, Tenant’s Expense Share, Tenant’s Tax Share or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impractical to ascertain. Such costs include, but are not limited to, processing and accounting charges, loss of use of such funds by Landlord and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Project. Accordingly, if any installment of Rent Base Rent, Operating Expenses, or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee within five (5) business days after written notice that such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to 5% ten percent (10%) of such overdue amount; provided, however, the foregoing late charge shall not be applicable to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late payment. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s Default default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In additionNotwithstanding the foregoing, should Landlord be unable to negotiate any payment made by Tenant on shall waive the first attempt by Landlord and without late charge during any 12-month period provided that payment is made within ten (10) business days after written notice to Tenant, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of from Landlord’s inability to negotiate such item(s).

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by the terms of any ground lease, mortgage or security deed covering the Premises. Accordingly, if any installment of Rent rent or other sum due from Tenant shall not be actually received by Landlord or Landlord’s 's designee for deposit in Landlord's account within five seven (57) business days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to five percent (5% %) of such overdue amount; provided, however, the foregoing late charge shall not be applicable to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late payment. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Tenant Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s 's Default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In additionthe event that a late charge is payable hereunder, should Landlord be unable whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to negotiate any payment made by Tenant on the first attempt by Landlord contrary, Base Rent and without any notice to Tenantall other rent payable hereunder shall, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair at Landlord's option, become due and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s)payable quarterly in advance.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent Yearly Rent, Tenant's Proportionate Share of Operating Costs and Taxes, after hours additional heat, cleaning or air conditioning service charges, or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting chargescharges and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed encumbering the Building. Accordingly, if any installment of Rent Yearly Rent, Tenant's Proportionate Share of Operating Costs and Taxes, after hours additional heat, cleaning or air conditioning service charges or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee within five (5) days after when such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge for each thirty (30) day period until paid in full equal to 5% the greater of (i) four percent (4%) of such overdue amount; provided, however, the foregoing late charge shall not be applicable to the first amount or (1stii) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late payment$300.00. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s Default 's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In addition, should Landlord be unable to negotiate any payment made by Tenant on hereunder including the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee assessment of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s)interest under Article 21.6.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this LeaseSublease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five (5) days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to 5% three and three quarters percent (3.75%) of such overdue amount; provided, however, the foregoing late charge shall not be applicable to the first amount each and every month (1stor any portion thereof) instance of until said late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late paymentis paid in full. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs cost Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s Default 's default with respect to such overdue amount, amount nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In addition, should Landlord be unable to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s).

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent and Base Rent, Tenant’s Share of Operating Expense or Real Property Tax increases, parking charges, Non-Business Hours HVAC Charges, or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting chargescharges and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed encumbering the Project. Accordingly, if any installment of Rent Base Rent, Tenant’s Share of Operating Expense or Real Property Tax increases, parking charges, Non-Business Hours HVAC Charges or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee within five (5) days after when such amount shall be due, then, without any requirement for notice or demand to Tenant, Tenant shall immediately owe and pay to Landlord a late charge equal to five percent (5% %) of such overdue amount; provided, however, the foregoing late charge shall not be applicable to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late payment. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s Default default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In addition, should Landlord be unable to negotiate any payment made by Tenant on hereunder including the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee assessment of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s)interest under Section 13.5.

Late Charges. Tenant Subtenant hereby acknowledges that the late payment by Tenant Subtenant to Landlord Sublandlord of Base Rent, Additional Rent and other sums due hereunder will cause Landlord Sublandlord to incur costs not contemplated by this LeaseSublease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Sublandlord by the terms of the Master Lease. Accordingly, if any installment of Base Rent, Additional Rent or other sum due from Tenant Subtenant shall not be received by Landlord Sublandlord or Landlord’s Sublandlord's designee within five ten (510) days after the date on which such amount shall be was due, then, without any requirement for notice to TenantSubtenant, Tenant Subtenant shall pay to Landlord Sublandlord a late charge equal to five percent (5% %) of such overdue amount; provided, however, the foregoing late charge shall not be applicable to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late payment. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord Sublandlord will incur by reason of late payment by TenantSubtenant. Acceptance of such late charge by Landlord Sublandlord shall in no event constitute a waiver of Tenant’s Default Subtenant's default or breach with respect to such overdue amount, nor prevent Landlord Sublandlord from exercising any of the other rights and remedies granted hereunder. In addition, should Landlord be unable to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s).

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent and Base Rent, Tenant’s Share of Operating Expense increases, Tenant’s Share of Real Property Tax increases or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting chargescharges and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed encumbering the Property. Accordingly, if any installment of Rent Base Rent, Tenant’s Share of Operating Expense increases, Tenant’s Share of Real Property Tax increases or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee within five (5) days after when such amount shall be due, then, without any requirement for notice or demand to Tenant, Tenant shall immediately pay to Landlord a late charge equal to 5% four percent (4%) of such overdue amount; provided, however, the foregoing late charge shall not be applicable to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late payment. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s Default default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In addition, should Landlord be unable to negotiate any payment made by Tenant on hereunder including the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee assessment of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s)interest under Section 13.5.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee designated agent within five (5) days after such amount shall be due, then, without any requirement for notice to Tenantis due and owing, Tenant shall pay to Landlord a late charge equal to five percent (5% %) of such overdue amount; providedthe amount which is past due. Notwithstanding the above, howeveronce every twelve (12) months during the Lease Term, the foregoing late charge Tenant shall be entitled to written notice of non-receipt of Rent from Landlord, and Tenant shall not be applicable to the first (1st) instance of liable for any late payment of charge, interest or other late fee hereunder if such Rent is received by Tenant until Landlord within three (3) business days after Tenant’s receipt of such written notice to Tenant of such late paymentfrom Landlord. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s Default default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In addition, should Landlord be unable to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s).

Late Charges. Tenant hereby Sublessee acknowledges that late payment by Tenant Sublessee of any sum owed to Landlord of Rent and other sums due hereunder Sublessor under this Sublease will cause Landlord Sublessor to incur costs not contemplated by this LeaseSublease, the exact amount amounts of which will be are extremely difficult and impracticable to ascertainfix. Such costs include, but are not limited towithout limitation, processing and accounting charges, time spent addressing the issue with Sublessee, and late charges that may be imposed on Sublessor by the terms of any obligation or note secured by any encumbrance covering the Premises. AccordinglyTherefore, if any installment of Rent or other sum due from Tenant shall Sublessee is not be received by Landlord or Landlord’s designee Sublessor within five (5) days after such amount shall be days' from when due, then, without any requirement for notice to Tenant, Tenant Sublessee shall pay to Landlord Sublessor an additional sum equal to ten percent (10%) of the overdue Rent or other payment as a late charge equal to 5% of such overdue amount; (provided, however, the foregoing late charge Sublessee shall not be applicable charged a late charge for up to a maximum of two (2) payments in any consecutive twelve (12) month period so long as the first (1st) instance of late payment installment of Rent is received by Tenant until three Sublessor within ten (310) business days after written notice to Tenant of such late paymentfrom when due). Late charges shall be deemed Additional Rent hereunder. The parties hereby agree that such this late charge represents a fair and reasonable estimate of the administrative and other costs Landlord that Sublessor will incur by reason of a late payment by TenantSublessee. Acceptance of such any late payment charge by Landlord shall in no event not constitute a waiver of Tenant’s Default Sublessee's default with respect to such the overdue amountpayment, nor prevent Landlord Sublessor from exercising any of of, the other rights and remedies granted hereunder. In additionavailable to Sublessor under this Sublease, should Landlord be unable at law or in equity, including, but not limited to, the interest charge imposed pursuant to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s)Paragraph 22.2.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent and Basic Rent, Operating Expenses or any other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Leased Premises. Accordingly, if any installment of Rent Basic Rent, Operating Expenses, or any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five ten (510) days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to Five (5% ) percent of such overdue amount; provided, however, the foregoing late charge shall not be applicable to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late payment. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s Default 's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other its rights and remedies granted hereunder. In addition, should Landlord be unable to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s).

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and administrative, processing, accounting charges, and late charges, which may be imposed on Landlord by the terms of any contract, revolving credit, mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five ten (510) days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to five (5% %) percent of such overdue amount; provided, however, amount which shall be due and payable with the foregoing late charge shall not be applicable to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late paymentthen delinquent. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s Default 's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In additionthe event that a late charge is payable hereunder unless by such acceptance the default is cured, should Landlord be unable 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 provision of this Lease to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s)contrary.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges that may be imposed on Landlord by the terms of any mortgage covering the Premises. Accordingly, if any installment of Base Rent, Additional Rent or any other sum due from Tenant shall is not be received by Landlord or Landlord’s designee within five (5) days after such said amount shall be is due, then, without any requirement for notice to Tenant, then Tenant shall will immediately pay to Landlord a late charge equal to 5% ten percent (10%) of such overdue amount; amount or the sum of One Hundred Dollars ($100.00), whichever is greater provided, however, the foregoing such late charge shall not will only be applicable to applied upon the first second occurrence during the Term of the Lease (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late paymentas extended). The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs cost Landlord will incur by reason of late payment by Tenant, and is in addition to Interest on Past Due Obligations. Acceptance of such late charge by Landlord shall will in no event constitute a waiver of Tenant’s Default default with respect to such overdue amount, nor or prevent Landlord from exercising any of the other rights and remedies granted hereunder. In addition, should Landlord be unable to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s)under this Lease.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent and rent or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs costs, include, but are not limited to, processing and accounting chargescharges and late charges which may be imposed upon Landlord by temis of any mortgage or trust deed covering the premises. Accordingly, if any installment of Rent rent or other any sum due from Tenant shall not be received by Landlord or Landlord’s Landlords designee within five ten (510) days after such said amount shall be is due, then, without any requirement for notice to Tenant, then Tenant shall pay to Landlord a late charge equal to five percent (5% %) of such overdue amount; provided, however, the foregoing late charge shall not be applicable plus any attorneys' fees incurred by Landlord by reason of Tenant's failure to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late paymentpay rent and/or other charges when due hereunder. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Landlord will incur by reason of the late payment by Tenant. Acceptance of such late charge charges by the Landlord shall shall, in no event event, constitute a waiver of Tenant’s Default Tenants default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In addition, should Landlord be unable to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s).

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent and Base Rent, Tenant's Share of Operating Expenses or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent Base Rent, Operating Expenses or any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five ten (510) days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to 56% of such overdue amount; provided, however, the foregoing late charge shall not be applicable to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late payment. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s Default 's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In additionthe event that a late charge is payable hereunder, should Landlord be unable to negotiate whether or not collected, for three (3) consecutive installments of any payment made by Tenant on of the first attempt by Landlord and without any notice to aforesaid monetary obligations of Tenant, Tenant then Base Rent shall pay automatically become due and payable quarterly in advance, rather than monthly, notwithstanding paragraph 4.1 or any other provision of this Lease to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s)contrary.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent and Base Rent, Tenant's Share of Operating Expense increases, parking charges, after hours HVAC charges, or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting chargescharges and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed encumbering the Project. Accordingly, if any installment of Rent Base Rent, Tenant's Share of Operating Expense increases, parking charges, after hours HVAC charges or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee within five (5) days after of when such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to 5% six percent (6%) of such overdue amount; provided, however, the foregoing late charge shall not be applicable to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late payment. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s Default 's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunderhereunder including the assessment of interest under Section 13.5. In addition, should Landlord be unable to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s).SEE ADDENDUM PARAGRAPH 16

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges. Accordingly, if any installment of Rent or other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five (5) 4 days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to 5% of such overdue amount; provided, however, the foregoing late charge shall not be applicable to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late payment. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s 's Default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder, provided that, Landlord will not impose any late fee upon the first late payment of Rent, if any, during each 12 month period following the Commencement Date unless Tenant fails to make the applicable payment within five (5) business days after written notice of such delinquency is given by Landlord. In addition, should Landlord be unable to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s 's inability to negotiate such item(s).

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this 'Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges. Accordingly, if any installment of Rent or other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five (5) 4 days after such such, amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to 5% of such overdue amount; provided, however, the foregoing late charge shall not be applicable to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late payment. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s 's Default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. Notwithstanding the foregoing, on the first two occasions during the Term in which Tenant would otherwise be subject to payment of a late charge, no late charge shall accrue until after Landlord has given Tenant five (5) days' written notice thereof and Tenant has failed to pay the amount due within that period. In addition, should Landlord be unable tunable to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s 's inability to negotiate such item(s).

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent rent and other sums due hereunder will shall cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting chargescharges and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed coveting the Premises. Accordingly, if any installment of Rent rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five ten (510) days after such said amount shall be is past due, then, without any requirement for notice to Tenant, then Tenant shall pay to Landlord a late charge equal to 5% seven (7%) percent of such overdue amount; provided, however, the foregoing late charge shall not be applicable to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late payment. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge and any interest thereon by Landlord shall in no event constitute a waiver of Tenant’s Default 's default with respect to such overdue amount, nor amount unless Tenant is otherwise advised by Landlord. Such acceptance unless it constitutes a waiver shall not prevent Landlord from exercising any of the other rights and remedies granted hereunder. In additionAdditionally, should Landlord be unable to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee of $50.00 per item money due hereunder which the parties hereby agree represents a fair and reasonable estimate is not paid within thirty (30) days of the costs Landlord will incur by reason due date shall bear interest at the rate of Landlord’s inability to negotiate such item(s)15% Per annum.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and administrative, processing, accounting charges, and late charges, which may be imposed on Landlord by the terms of any contract, revolving credit, mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five ten (510) days after written notice from Landlord that such amount shall be is due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to five (5% %) percent of such overdue amount; provided, however, amount which shall be due and payable with the foregoing late charge shall not be applicable to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late paymentthen delinquent. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s Default 's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In additionthe event that a late charge is payable hereunder, should Landlord be unable 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 provision of this Lease to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s).contrary. IT IS FURTHER MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS:

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent Base Rent, Tenant's Percentage Share of Operating Expenses and Taxes or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be such costs being extremely difficult and impracticable to ascertainfix. Such costs include, but are not limited towithout limitation, processing and accounting chargescharges and late charges that may be imposed on Landlord by the terms of any encumbrances or notes secured by any encumbrance covering the Premises. AccordinglyTherefore, if any installment of Base Rent or other sum due from Tenant shall is not be received by Landlord or Landlord’s designee within five (5) days after such amount shall be when due, then, without any requirement for notice to Tenantwithin ten (10) days following the date said Base Rent or other sum is due, Tenant shall pay to Landlord a late charge Landlord, without additional invoice or demand, an additional sum equal to 5% six percent (6%) of such overdue amountamount as a late charge; provided, however, if payments of Base Rent have been made to Landlord in a timely manner pursuant to automatic wire transfer then the foregoing late charge herein shall not be applicable an additional sum equal to five percent (5%) of the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late paymentoverdue amount. The parties hereby agree that such this late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of late payment by Tenant. Acceptance The accrual and/or acceptance of such any late charge by Landlord shall in no event not constitute a waiver of Tenant’s Default 's default with respect to such the overdue amount, nor prevent Landlord from exercising any of the Landlord's other rights and remedies granted hereunder. In addition, should Landlord be unable to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s)remedies.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five fifteen (515) days after such amount shall be due, including the ten-day notice and cure period, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to five percent (5% %) of such overdue amount; provided, however, the foregoing late charge shall not be applicable to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late payment. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s Default 's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In additionthe event that a late charge is payable hereunder, should Landlord be unable 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 paragraph 4 or any other provision of this Lease to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s)contrary.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges. Accordingly, if any installment of Rent or other sum due from Tenant shall not be received by Landlord or Landlord’s designee within five (5) 4 days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to 5% of such overdue amount; provided, however, the foregoing late charge shall not be applicable to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late payment. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment 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, provided that, Landlord will not impose any late fee upon the first late payment of Rent, if any, during each 12 month period following the Commencement Date unless Tenant fails to make the applicable payment within five (5) business days after written notice of such delinquency is given by Landlord. In addition, should Landlord be unable to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s).

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Base Monthly Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and administrative, processing, accounting charges, and late charges, which may be imposed on Landlord by the terms of any contract, revolving credit, mortgage or trust deed covering the Premises. Accordingly, if any installment of Base Monthly Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five (5) business days after such amount shall Landlord gives Tenant notice of delinquency (which notice may be due, then, without any requirement for in the form of a notice to Tenantquit or pay rent), Tenant shall pay to Landlord a late charge equal to five (5% %) percent of such overdue amount; provided, however, the foregoing late charge shall not be applicable to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late payment. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s Default 's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In addition, should Landlord be unable to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s).IT IS FURTHER MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS:

Late Charges. Tenant hereby acknowledges that the late payment by Tenant to Landlord of Rent and other any sums due hereunder under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be such costs being extremely difficult and impractical to ascertainfix. Such costs include, but are not limited to, processing and accounting charges. AccordinglyTherefore, if any installment of rent is not received by Landlord by the tenth (10th) day of the month for which it is due, or if any Additional Rent or any other sum due from under this Lease is not paid by Tenant shall not be received by Landlord or Landlord’s designee within five (5) days after such amount shall be due, then, without any requirement for notice to Tenantof receipt of a statement therefore from Landlord, Tenant shall pay to Landlord an additional sum of three percent (3%) of the overdue amount as a late charge equal to 5% of such overdue amount; provided, however, the foregoing charge. Such late charge shall be in addition to, and not be applicable in lieu of, any interest which may become due upon such sum pursuant to the first (1st) instance Article 38 of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late paymentthis Lease. The parties hereby to this Lease agree that such this late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment by TenantTenan▇. Acceptance ▇▇ceptance of such any late charge by Landlord and the full rent shall in no event constitute a waiver of Tenant’s Default 's default with respect to such the overdue amount, nor amount and shall prevent Landlord from exercising any of the other rights and remedies granted hereunder. In addition, should Landlord be unable to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay available to Landlord a fee of $50.00 per item which under this Lease, or pursuant to any law now or hereafter in effect. The aforesaid late charge shall be considered Additional Rent. The foregoing late charges shall only apply if Tenan▇ ▇▇▇ previously failed to pay the parties hereby agree represents a fair and reasonable estimate monthly rental installments by the tenth (10th) day of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s)month on more than two occasions in the preceding twelve (12) month period.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent rent and other sums due hereunder will cause Landlord landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and administrative, processing, accounting charges, and late charges, which may be imposed on Landlord by the terms of any contract, revolving credit, mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five ten (510) days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to 5% three (3%) percent of such overdue amount; provided, however, amount which shall be due and payable with the foregoing late charge shall not be applicable to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late paymentthen delinquent. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s Default 's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In additionthe event that a late charge is payable hereunder, should Landlord be unable 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 provision of this Lease to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s)contrary.