Common use of Late Payment Charges Clause in Contracts

Late Payment Charges. Tenant acknowledges that late payment by Tenant to Landlord of Rent under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which is extremely difficult or impracticable to determine. Such costs include, but are not limited to, processing and accounting charges, late charges that may be imposed on Landlord by the terms of any Mortgage, and late charges and penalties that may be imposed due to late payment of Real Property Taxes. Therefore, if any installment of Monthly Rent or any payment of Additional Rent due from Tenant is not received by Landlord in good funds by the second (2nd) calendar day from the applicable due date, Tenant shall pay to Landlord an additional sum equal to three percent (3%) of the amount overdue as a late charge for every month or portion thereof that such amount remains unpaid. The parties acknowledge that 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 any late Rent and late charge therefor shall not prevent Landlord from exercising any of the other rights and remedies available to Landlord for any other Event of Default under this Lease. In no event shall this provision for a late charge be deemed to grant Tenant a grace period or extension of time within which to pay Rent or prevent Landlord from exercising any of the other rights and remedies available to Landlord for any Event of Default under this Lease. Notwithstanding the foregoing, should any payment of Rent by personal check be rejected for insufficient funds, Landlord shall have the right, upon Notice to Tenant, to require that all future payments by Tenant under this Lease be by cashier’s check acceptable to Landlord. Notice is hereby given to Tenant that the acceptance of partial· Rent by Landlord shall not constitute a waiver by Landlord of any rights, including, without limitation, the right of Landlord to recover possession of the Premises and/or xxx for the remaining balance owed. The foregoing Notice shall be deemed to constitute Notice to Tenant as required under California Code of Civil Procedure Section 1161.1(c).

Late Payment Charges. Tenant acknowledges that late payment by Tenant to Landlord of Rent under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which is extremely difficult or impracticable to determine. Such costs include, but are not limited to, processing and accounting charges, late charges that may be imposed on Landlord by the terms of any Mortgage, and late charges and penalties that may be imposed due to late payment of Real Property Taxes. Therefore, if any installment of Monthly Rent or any payment of Additional Rent due from Tenant is not received by Landlord in good funds by the second (2nd) calendar day from the applicable due date, Tenant shall pay to Landlord an additional sum equal to three five percent (35%) of the amount overdue as a late charge for every month or portion thereof that such amount remains unpaid. The parties acknowledge that 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 any late Rent and late charge therefor shall not prevent Landlord from exercising any of the other rights and remedies available to Landlord for any other Event of Default under this Lease. In no event shall this provision for a late charge be deemed to grant Tenant a grace period or extension of time within which to pay Rent or prevent Landlord from exercising any of the other rights and remedies available to Landlord for any Event of Default under this Lease. Notwithstanding the foregoing, foregoing (i) should any payment of Rent by personal check be rejected for insufficient funds, Landlord shall have the right, upon Notice notice to Tenant, to require that all future payments by Tenant under this Lease be by cashier’s 's check acceptable to Landlord. Notice is hereby given , and (ii) upon the third (3rd) occurrence during the Term of Tenant's failure to Tenant timely pay Rent when due, Landlord may, upon notice to Tenant, require that Monthly Rent for the acceptance of partial· Rent by Landlord shall not constitute a waiver by Landlord of any rights, including, without limitation, the right of Landlord to recover possession balance of the Premises and/or xxx for Term be made in quarterly installments, in advance, in an amount equal to the remaining balance owed. The foregoing Notice shall be deemed to constitute Notice to Tenant as required under California Code sum of Civil Procedure Section 1161.1(c)the Monthly Rent amounts payable during such three (3) month period.

Late Payment Charges. Tenant acknowledges that late payment by Tenant to Landlord of Rent under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which is extremely difficult or impracticable to determine. Such costs include, but are not limited to, processing and accounting charges, late charges that may be imposed on Landlord by the terms of any Mortgage, and late charges and penalties that may be imposed due to late payment of Real Property Taxes. Therefore, if any installment Installment of Monthly Rent Payment or any payment of Additional Rent due from Tenant is not received by Landlord in good funds by the second seventh (2nd7th) calendar day from the applicable due date, Tenant shall pay to Landlord an additional sum equal to three five percent (35%) of the amount overdue as a late charge for every month or portion thereof that such amount remains unpaid. The parties acknowledge that 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 any late Rent and late charge therefor shall not prevent Landlord from exercising any of the other rights and remedies available to Landlord for any other Event of Default under this Lease. In no event shall this provision for a late charge be deemed to grant Tenant a grace period or extension of time within which to pay Rent or prevent Landlord from exercising any of the other rights and remedies available to Landlord for any Event of Default under this Lease. Notwithstanding the foregoing, foregoing (i) should any payment of Rent by personal check be rejected for insufficient funds, Landlord shall have the right, upon Notice notice to Tenant, to require that all future payments by Tenant under this Lease be by cashier’s 's check acceptable to Landlord. Notice is hereby given to Tenant that , and (ii) upon the acceptance of partial· Rent by Landlord shall not constitute a waiver by Landlord of any rights, including, without limitation, third (3rd) occurrence during the right of Landlord to recover possession of the Premises and/or xxx for the remaining balance owed. The foregoing Notice shall be deemed to constitute Notice to Tenant as required under California Code of Civil Procedure Section 1161.1(c).Term of

Late Payment Charges. Tenant acknowledges that late payment by Tenant to Landlord of Rent and other charges provided for under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which is such costs being extremely difficult or impracticable to determinefix. 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 Mortgageencumbrance and notes secured by any encumbrance covering the Premises, and or late charges and penalties that may be imposed due to late payment of Real Property TaxesTaxes due on the Premises. Therefore, if any installment of Monthly Rent or any payment of Additional Rent other charge due from Tenant is not received by Landlord in good funds by the second within ten (2nd10) calendar day from days following the applicable due date, Tenant shall pay to Landlord an additional sum equal to three the greater of One Hundred Dollars ($100.00) or five percent (35%) of the amount overdue as a late charge for every month or portion thereof that such amount remains the Rent or other charges remain unpaid. The parties acknowledge agree that 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 any late Rent charge shall not constitute a waiver by Landlord of Tenant's default with respect to the overdue amount, and late charge therefor shall not prevent Landlord from exercising any of the other rights and remedies available to Landlord for any other Event breach of Default under this Lease. In no event shall this provision for a late charge be deemed to grant Tenant a grace period or extension of time within which to pay Rent or prevent Landlord from exercising any of the other rights and remedies available to Landlord for any Event of Default under this Lease. Notwithstanding the foregoing, should any payment upon the third (3rd) occurrence during the Term of this Lease of Tenant's failure to pay Monthly Rent by personal check be rejected for insufficient fundsor Additional Rent when due, Landlord shall have the right, may condition its acceptance of future Rent upon Notice a requirement that Tenant concurrently execute an amendment to Tenant, to require that all future payments by Tenant under this Lease be by cashier’s check acceptable to Landlord. Notice is hereby given to Tenant which provides that Monthly Rent for the acceptance of partial· Rent by Landlord shall not constitute a waiver by Landlord of any rights, including, without limitation, the right of Landlord to recover possession balance of the Premises and/or xxx for the remaining balance owed. The foregoing Notice Term of this Lease shall be deemed made in quarterly installments, in advance, in an amount equal to constitute Notice to Tenant as required under California Code the sum of Civil Procedure Section 1161.1(c)the Monthly Rent amounts payable during such three (3) month period.

Late Payment Charges. Tenant acknowledges that late payment by Tenant to Landlord of Rent under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which is extremely difficult or impracticable to determine. Such costs include, but are not limited to, processing and accounting charges, late charges that may be imposed on Landlord by the terms of any Mortgage, and late charges and penalties that may be imposed due to late payment of Real Property Taxes. Therefore, if any installment of Monthly Rent or any payment of Additional Rent due from Tenant is not received by Landlord in good funds by the second fifth (2nd5th) calendar day from the applicable due date, Tenant shall pay to Landlord an additional sum equal to three five percent (35%) of the amount overdue as a late charge for every month or portion thereof that such amount remains unpaidunpaid (provided that such charge shall be imposed with respect to the first occurrence of such a delinquency only if Tenant fails to cure such delinquency within three (3) Business Days of Notice from Landlord thereof). The parties acknowledge that 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 any late Rent and late charge therefor shall not prevent Landlord from exercising any of the other rights and remedies available to Landlord for any other Event of Default under this Lease. In no event shall this provision for a late charge be deemed to grant Tenant a grace period or extension of time within which to pay Rent or prevent Landlord from exercising any of the other rights and remedies available to Landlord for any Event of Default under this Lease. Notwithstanding the foregoing, foregoing (i) should any payment of Rent by personal check be rejected for insufficient funds, Landlord shall have the right, upon Notice to Tenant, to require that all future payments by Tenant under this Lease be by cashier’s 's check acceptable to Landlord, and (ii) upon the third (3rd) occurrence during the Term of Tenant's failure to timely pay Rent when due, Landlord may, upon Notice to Tenant, require that Monthly Rent for the balance of the Term be made in quarterly installments, in advance, in an amount equal to the sum of the Monthly Rent amounts payable during such three (3) month period. Notice is hereby given to Tenant that the acceptance of partial· partial Rent by Landlord shall not constitute a waiver by Landlord of any rights, including, without limitation, the right of Landlord to recover possession of the Premises and/or xxx for the remaining balance owed. The foregoing Notice shall be deemed to constitute Notice to Tenant as required under California Code of Civil Procedure Section 1161.1(c).

Late Payment Charges. In the event that Tenant acknowledges that late payment by Tenant shall fail to Landlord of Rent under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which is extremely difficult or impracticable to determine. Such costs include, but are not limited to, processing and accounting charges, late charges that may be imposed on Landlord by the terms of any Mortgage, and late charges and penalties that may be imposed due to late payment of Real Property Taxes. Therefore, if pay any installment of Monthly Rent Base Rant or any other amount payable to Landlord hereunder within ten (10) days after the date when any such amount is due (any such late payment of Additional Rent due from Tenant is not received by Landlord in good funds by the second (2nd) calendar day from the applicable due datebeing hereinafter referred to as a "Delinquent Payment"), Tenant shall pay to Landlord, in addition to the Delinquent Payment and in order to compensate Landlord an additional sum for expenses incurred by reason of such late payment, a fee ("Late Payment Fee") equal to three the sum of (i) the amount calculated by applying an annual interest rate of four percent (34%) per annum above the rate of interest announced from time to time in the City of New York, New York by the Citibank, N.A. as its prime or base rate and which rate may be in effect from time to time during the period when such Delinquent Payment may remain outstanding (the "Default Rate") to the Delinquent Payment for each day from and after such due date to and including the date that such Delinquent Payment is received by Landlord and (ii) 4% of the amount overdue as a late charge for every month or portion thereof that of such amount remains unpaidDelinquent Payment. The parties acknowledge that this late charge represents a fair Late Payment Fee shall be in addition to, and reasonable estimate of the costs that Landlord will incur by reason of the late payment by Tenant. Acceptance of shall in no way limit, any late Rent and late charge therefor shall not prevent Landlord from exercising any of the all other rights and remedies available provided for in the Lease, as well as all other remedies provided by law. If any law which applies to the Lease is finally interpreted so that a Late Payment Fee or any part thereof exceeds the limits permitted by such law, then: Such Late Payment Fee shall be reduced by the amount necessary to reduce such Late Payment Fee to the maximum permitted by law and any Late Payment Fee already collected which exceeds such maximum permitted by law shall be promptly refunded by Landlord for any other Event of Default under this Lease. In no event shall this provision for a late charge be deemed to grant Tenant a grace period or extension of time within which to pay Rent or prevent Landlord from exercising any of the other rights and remedies available to Landlord for any Event of Default under this Lease. Notwithstanding the foregoing, should any payment of Rent by personal check be rejected for insufficient funds, Landlord shall have the right, upon Notice to Tenant, to require that all future payments by Tenant under this Lease be by cashier’s check acceptable to Landlord. Notice is hereby given to Tenant that the acceptance of partial· Rent by Landlord shall not constitute a waiver by Landlord of any rights, including, without limitation, the right of Landlord to recover possession of the Premises and/or xxx for the remaining balance owed. The foregoing Notice shall be deemed to constitute Notice to Tenant as required under California Code of Civil Procedure Section 1161.1(c).

Late Payment Charges. Tenant acknowledges that late payment by Tenant to Landlord of Rent under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which is extremely difficult or impracticable to determine. Such costs include, but are not limited to, processing and accounting charges, late charges that may be imposed on Landlord by the terms of any Mortgage, and late charges and penalties that may be imposed due to late payment of Real Property TaxesTaxes or any item of Operating Expenses. Therefore, if any installment of Monthly Rent or any payment of Additional Rent due from Tenant is not received by Landlord in good funds by the second fifth (2nd5th) calendar day from the applicable due date, Tenant shall pay to Landlord an additional sum equal to three six percent (36%) of the amount overdue as a late charge for every month or portion thereof that such amount remains unpaid. The parties acknowledge that 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 any late Rent and late charge therefor shall not prevent Landlord from exercising any of the other rights and remedies available to Landlord for any other Event of Default under this Lease. In no event shall this provision for a late charge be deemed to grant Tenant a grace period or extension of time within which to pay Rent or prevent Landlord from exercising any of the other rights and remedies available to Landlord for any Event of Default under this Lease. Notwithstanding the foregoing, foregoing (i) should any payment of Rent by personal check be rejected for insufficient funds, Landlord shall have the right, upon Notice notice to Tenant, to require that all future payments by Tenant under this Lease be by cashier’s 's check acceptable to Landlord. Notice is hereby given , and (ii) upon the third (3rd) occurrence during the Term of Tenant's failure to Tenant timely pay Rent when due, Landlord may, upon notice to Tenant, require that Monthly Rent for the acceptance of partial· Rent by Landlord shall not constitute a waiver by Landlord of any rights, including, without limitation, the right of Landlord to recover possession balance of the Premises and/or xxx for Term be made in quarterly installments, in advance, in certified funds, in an amount equal to the remaining balance owed. The foregoing Notice shall be deemed to constitute Notice to Tenant as required under California Code sum of Civil Procedure Section 1161.1(c)the Monthly Rent amounts payable during such three (3) month period.

Late Payment Charges. Tenant acknowledges that late payment by Tenant to Landlord of Rent under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which is extremely difficult or impracticable to determine. Such costs include, but are not limited to, processing and accounting charges, late charges that may be imposed on Landlord by the terms of any Mortgage, and late charges and penalties that may be imposed due to late payment of Real Property Taxes. Therefore, if any installment of Monthly Rent or any payment of Additional Rent due from Tenant is not received by Landlord in good funds by the second fifth (2nd5th) calendar day from the applicable due date, Tenant shall pay to Landlord an additional sum equal to three five percent (35%) of the amount overdue as a late charge for every month or portion thereof that such amount remains unpaid. The parties acknowledge that 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 any late Rent and late charge therefor shall not prevent Landlord from exercising any of the other rights and remedies available to Landlord for any other Event of Default under this Lease. In no event shall this provision for a late charge be deemed to grant Tenant a grace period or extension of time within which to pay Rent or prevent Landlord from exercising any of the other rights and remedies available to Landlord for any Event of Default under this Lease. Notwithstanding the foregoing, foregoing (i) should any payment of Rent by personal check be rejected for insufficient funds, Landlord shall have the right, upon Notice to Tenant, to require that all future payments by Tenant under this Lease be by cashier’s check acceptable to Landlord, and (ii) upon the third (3rd) occurrence during the Term of Tenant’s failure to timely pay Rent when due, Landlord may, upon Notice to Tenant, require that Monthly Rent for the balance of the Term be made in quarterly installments, in advance, in an amount equal to the sum of the Monthly Rent amounts payable during such three (3) month period. Notice is hereby given to Tenant that the acceptance of partial· partial Rent by Landlord shall not constitute a waiver by Landlord of any rights, including, without limitation, the right of Landlord to recover possession of the Premises and/or to xxx for the remaining balance owed. The foregoing Notice shall be deemed to constitute Notice notice to Tenant as required under California Code of Civil Procedure Section section 1161.1(c).

Late Payment Charges. Tenant acknowledges that late payment by Tenant to Landlord of Rent and other charges provided for under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which is such costs bring extremely difficult or impracticable to determinefix. 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 Mortgageencumbrance and notes secured by any encumbrance covering the Premises, and or late charges and penalties that may be imposed due to late payment of Real Property TaxesTaxes due on the Premises. Therefore, if any installment of Monthly Rent or any payment of Additional Rent other charge due from Tenant is not received by Landlord in good funds by the second (2nd) calendar day from the applicable due datewhen due, Tenant shall pay to Landlord an additional sum equal to three the greater of Fifty Dollars (50.00) or five percent (35%) of the amount overdue as a late charge for every month or portion thereof that such amount remains the Rent or other charges remain unpaid. The parties acknowledge agree that 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 any late Rent charge shall not constitute a waiver by Landlord of Tenant's default with respect to the overdue amount, and late charge therefor shall not prevent Landlord from exercising any of the other rights and remedies available to Landlord for any other Event breach of Default under this Lease. In no event shall this provision for a late charge be deemed to grant Tenant a grace period or extension of time within which to pay Rent or prevent Landlord from exercising any of the other rights and remedies available to Landlord for any Event of Default under this Lease. Notwithstanding the foregoing, should upon the second occurrence during any payment twelve-month period of Tenant's failure to pay Monthly Rent by personal check be rejected for insufficient fundsor Additional Rent when due, Landlord shall have the right, may condition its acceptance of future Rent upon Notice a requirement that Tenant concurrently execute an amendment to Tenant, to require that all future payments by Tenant under this Lease be by cashier’s check acceptable to Landlord. Notice is hereby given to Tenant which provides that Monthly Rent for the acceptance of partial· Rent by Landlord shall not constitute a waiver by Landlord of any rights, including, without limitation, the right of Landlord to recover possession balance of the Premises and/or xxx for the remaining balance owed. The foregoing Notice term of this Lease shall be deemed made in quarterly installments, in advance, in an amount equal to constitute Notice to Tenant as required under California Code the sum of Civil Procedure Section 1161.1(c)the Monthly Rent amounts payable during such three (3) month period.

Late Payment Charges. Tenant acknowledges that late payment by Tenant to Landlord of Rent under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which is extremely difficult or impracticable to determine. Such costs include, but are not limited to, processing and accounting charges, late charges that may be imposed on Landlord by the terms of any Mortgage, and late charges and penalties that may be imposed due to late payment of Real Property Taxes. Therefore, if any installment of Monthly Rent or any payment of Additional Rent due from Tenant is not received by Landlord in good funds by the second fifth (2nd5th) calendar day from the applicable due date, Tenant shall pay to Landlord an additional sum equal to three five percent (35%) of the amount overdue as a late charge for every month or portion thereof that such amount remains unpaid. The parties acknowledge that this late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of the late payment by TenantXxxxxx. Acceptance of any late Rent and late charge therefor shall not prevent Landlord from exercising any of the other rights and remedies available to Landlord for any other Event of Default under this Lease. In no event shall this provision for a late charge be deemed to grant Tenant a grace period or extension of time within which to pay Rent or prevent Landlord from exercising any of the other rights and remedies available to Landlord for any Event of Default under this Lease. Notwithstanding the foregoing, foregoing (i) should any payment of Rent by personal check be rejected for insufficient funds, Landlord shall have the right, upon Notice to Tenant, to require that all future payments by Tenant under this Lease be by cashier’s check acceptable to Landlord, and (ii) upon the third (3rd) occurrence during the Term of Tenant’s failure to timely pay Rent when due, Landlord may, upon Notice to Tenant, require that Monthly Rent for the balance of the Term be made in quarterly installments, in advance, in an amount equal to the sum of the Monthly Rent amounts payable during such three (3) month period. Notice is hereby given to Tenant that the acceptance of partial· partial Rent by Landlord shall not constitute a waiver by Landlord of any rights, including, without limitation, the right of Landlord to recover possession of the Premises and/or xxx sue for the remaining balance owed. The foregoing Notice shall be deemed to constitute Notice to Tenant as required under California Code of Civil Procedure Section 1161.1(c).

Late Payment Charges. Tenant acknowledges that late payment by Tenant -------------------- to Landlord of Rent and other charges provided for under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which is such costs being extremely difficult or impracticable to determinefix. Such costs include, but are not limited to, processing and accounting charges, charges and late charges that may be imposed on Landlord by the terms of any Mortgageencumbrance and notes secured by any encumbrance covering the Premises, and or late charges and penalties that may be imposed due to late payment of Real Property TaxesTaxes due on the Premises. Therefore, if any installment of Monthly Rent or any payment of Additional Rent other charge due from Tenant is not received by Landlord in good funds by within five (5) days after written notice from Landlord that such payment is due (the second (2nd) calendar day from the applicable due date"Grace Period"), Tenant shall pay to Landlord an additional sum equal to three five percent (35%) of the amount overdue as a late charge for every month or portion thereof that the Rent or other charges remain unpaid; it being understood that said Grace Period (and the requirement that Landlord give Tenant notice that Rent is due) shall only apply with respect to one (1) occurrence of the late payment of Rent (or other sums due to Landlord under this Lease) in any twelve (12) month period, thereafter, any additional occurrences of the late payment of Rent (or other sums due to Landlord) in the same twelve (12) month period shall constitute a material default under this Lease, and Landlord shall be entitled to the late charge (described hereinabove) as of the date such amount remains unpaidRent payment (or other sum) was due, without the necessity of any notice to Tenant. The parties acknowledge agree that 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 any late Rent charge shall not constitute a waiver by Landlord of Tenant's default with respect to the overdue amount, and late charge therefor shall not prevent Landlord from exercising any of the other rights and remedies available to Landlord for any other Event breach of Default Tenant under this Lease. In no event shall this provision for a late charge be deemed to grant Tenant a grace period or extension of time within which to pay Rent or prevent Initials: /s/Jff /s/ MTE -------- -------------------------------- ------------------------ Landlord from exercising any of the other rights and remedies available to Landlord for any Event of Default under this Lease. Notwithstanding the foregoing, should any payment of Rent by personal check be rejected for insufficient funds, Landlord shall have the right, upon Notice to Tenant, to require that all future payments by Tenant under this Lease be by cashier’s check acceptable to Landlord. Notice is hereby given to Tenant that the acceptance of partial· Rent by Landlord shall not constitute a waiver by Landlord of any rights, including, without limitation, the right of Landlord to recover possession of the Premises and/or xxx for the remaining balance owed. The foregoing Notice shall be deemed to constitute Notice to Tenant as required under California Code of Civil Procedure Section 1161.1(c).

Late Payment Charges. Tenant acknowledges that late payment by Tenant to Landlord of Rent under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which is extremely difficult or impracticable to determine. Such costs include, but are not limited to, include processing and accounting charges, late charges that may be imposed on Landlord by the terms of any Mortgage, and late charges and penalties that may be imposed due to late payment of Real Property Taxes. Therefore, if any installment of Monthly Rent or any payment of Additional Rent due from Tenant is not received by Landlord in good funds by the second fifth (2nd5th) calendar day from the applicable due datedate more than once in any calendar year, Tenant shall pay to Landlord an additional sum equal to three five percent (35%) of the amount overdue as a late charge for every month or portion thereof that such amount remains unpaid. The parties acknowledge that 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 any late Rent and late charge therefor shall not prevent Landlord from exercising any of the other rights and remedies available to Landlord for any other Event of Default under this Lease. In no event shall this provision for a late charge be deemed to grant Tenant a grace period or extension of time within which to pay Rent or prevent Landlord from exercising any of the other rights and remedies available to Landlord for any Event of Default under this Lease. Notwithstanding the foregoing, should any payment of Rent by personal check be rejected for insufficient funds, Landlord shall have the right, upon Notice notice to Tenant, to require that all future payments by Tenant under this Lease be by cashier’s 's check acceptable to Landlord. Notice is hereby given to Tenant that the acceptance of partial· Rent by Landlord shall not constitute a waiver by Landlord of any rights, including, without limitation, the right of Landlord to recover possession of the Premises and/or xxx for the remaining balance owed. The foregoing Notice shall be deemed to constitute Notice to Tenant as required under California Code of Civil Procedure Section 1161.1(c).

Late Payment Charges. Tenant acknowledges that late payment by Tenant to Landlord of Rent under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which is extremely difficult or impracticable to determine. Such costs include, but are not limited to, processing and accounting charges, late charges that may be imposed on Landlord by the terms of any Mortgage, and late charges and penalties that may be imposed due to late payment of Real Property Taxes. Therefore, if any installment of Monthly Rent or any payment of Additional Rent due from Tenant is not received by Landlord in good funds by the second tenth (2nd10) calendar day from the applicable due date, Tenant shall pay to Landlord an additional sum equal to the lesser of One Thousand Dollars ($1,000.00) or three percent (3%) of the amount overdue as a late charge for every month or portion thereof that such amount remains unpaid. The parties acknowledge that this late charge represents presents a fair and reasonable estimate of the costs that Landlord will incur by reason of the late payment by Tenant. Acceptance of any late Rent and late charge therefor shall not prevent Landlord from exercising any of the other rights and remedies available to Landlord for any other Event of Default under this Lease. In no event shall this provision for a late charge be deemed to grant Tenant a grace period or extension of time within which to pay Rent or prevent Landlord from exercising any of the other rights and remedies available to Landlord for any Event of Default under this Lease. Notwithstanding the foregoing, foregoing (i) should any payment of Rent by personal check be rejected for insufficient funds, Landlord shall have the right, upon Notice notice to Tenant, to require that all future payments by Tenant under this Lease be by cashier’s 's check acceptable to Landlord. Notice is hereby given , and (ii)upon the third (3rd) occurrence during the Term of Tenant's failure to Tenant timely pay Rent when due, Landlord may, upon notice to Tenant, require that Monthly Rent for the acceptance of partial· Rent by Landlord shall not constitute a waiver by Landlord of any rights, including, without limitation, the right of Landlord to recover possession balance of the Premises and/or xxx for Term be made in quarterly installments, in advance, in an amount equal to the remaining balance owed. The foregoing Notice shall be deemed to constitute Notice to Tenant as required under California Code sum of Civil Procedure Section 1161.1(c)the Monthly Rent amounts payable during such three (3) month period.