Common use of CHARGE FOR LATE PAYMENT Clause in Contracts

CHARGE FOR LATE PAYMENT. The LICENSEE hereby acknowledges that the late payment of fees and charges or any other sums due hereunder will cause the COUNTY to incur costs not contemplated by this LICENSE, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, administrative processing of delinquent notices, increased accounting costs, lost interest income. Accordingly, if any payment of fees and charges as specified in Section 3.01 in this LICENSE entitled “FEES AND CHARGES" or of any other sum due to the COUNTY is not received by COUNTY by the due date, a late charge of one and one-half percent (1.5%) of the payment due and unpaid plus one hundred dollars ($100) shall be added to the payment, and the total sum shall become immediately due and payable to the COUNTY. An additional charge of one and one-half percent (1.5%) of said payment, excluding late charges, shall be added for each additional month that said payment remains unpaid. The LICENSEE and the COUNTY hereby agree that such late charges represent a fair and reasonable estimate of the costs that the COUNTY will incur by reason of the LICENSEE's late payment. Acceptance of such late charges (and/or any portion of the overdue payment) by the COUNTY shall in no event constitute a waiver of the LICENSEE's default with respect to such overdue payment, or prevent the COUNTY from exercising any of the other rights and remedies granted hereunder.

CHARGE FOR LATE PAYMENT. The LICENSEE TENANT hereby acknowledges that the late payment of fees and charges rents or any other sums due hereunder will cause the COUNTY to incur costs not contemplated by this LICENSELease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, administrative processing of delinquent notices, increased accounting costs, and lost interest income. Accordingly, if any payment of fees and charges rent as specified in Section 3.01 in this LICENSE entitled “FEES AND CHARGES" 4.01 (RENT) or of any other sum due to the COUNTY is not received by COUNTY by the due date, a late charge of one and one-half percent (1.5%) of the payment due and unpaid plus one hundred dollars ($100) shall be added to the payment, and the total sum shall become immediately due and payable to the COUNTY. An additional charge of one DocuSign Envelope ID: F6DB3F7F-F4DA-465E-8268-F0BD05F2922B DocuSign Envelope ID: 090506F9-0BD1-49B1-9A7D-72F42E1D4D88 and one-half percent (1.5%) of said payment, excluding late charges, shall be added for each additional month that said payment remains unpaid. The LICENSEE TENANT and the COUNTY hereby agree that such late charges represent a fair and reasonable estimate of the costs that the COUNTY will incur by reason of the LICENSEE's TENANT’s late payment. Acceptance of such late charges (and/or any portion of the overdue payment) by the COUNTY shall in no event constitute a waiver of the LICENSEE's TENANT’s default with respect to such overdue payment, payment or prevent the COUNTY from exercising any of the other rights and remedies granted hereunder.”

CHARGE FOR LATE PAYMENT. The LICENSEE XXXXXXXX POWER and COUNTY hereby acknowledges acknowledge that the late payment of fees and charges or any other sums due hereunder under this Agreement will cause the COUNTY to incur costs not contemplated by this LICENSEAgreement, the exact amount of which will be extremely difficult to ascertain. Such costs include, include but are not limited to, to costs such as administrative processing of delinquent notices, increased accounting costs, lost interest incomeetc. Accordingly, if any payment of fees and charges as specified in Section 3.01 in this LICENSE entitled “FEES AND CHARGES" or of any other sum due to the COUNTY under this Agreement is not received by the COUNTY by within thirty (30) days after the due date, a late charge of one and one-half two percent (1.52.0%) of the payment due and unpaid plus one hundred dollars ($100) shall be added to the payment, and the total sum shall become immediately due and payable to the COUNTY. An additional charge of one and eighty-three one-half hundredths percent (1.50.83%) of said payment, excluding late charges, shall be added for each additional month that said payment remains unpaid. The LICENSEE Any and all payments (including partial payments) made by XXXXXXXX POWER to the COUNTY must first be applied to any unpaid late charge(s) before reducing the payment (whether current or delinquent) due. XXXXXXXX POWER and COUNTY hereby agree that such late charges represent a fair and reasonable estimate of the costs that the COUNTY will incur by reason of the LICENSEE's a late payment. Acceptance of such late charges (and/or any portion of the overdue payment) by the COUNTY shall in no event constitute a waiver of the LICENSEE's any default with respect to such overdue payment, amount hereunder. The charges for late payment set forth in this Section 2.3 shall accrue and be due and payable whether or prevent the COUNTY from exercising not specifically referenced in any individual section of the other rights and remedies granted hereunderthis Agreement.

CHARGE FOR LATE PAYMENT. The LICENSEE (a) TENANT hereby acknowledges that the late payment of fees and charges Rent or any other sums due hereunder will cause the COUNTY to incur costs not contemplated by this LICENSELease, the exact amount of which will be extremely difficult to ascertain. Such costs include, include but are not limited to, to costs such as administrative processing of delinquent notices, increased accounting costs, lost etc. All Rent due hereunder, if not paid when due, shall bear interest, the amount of which shall be solely determined by Landlord. All interest incomeowed shall be Additional Rent. This provision shall survive the expiration or sooner termination of the Lease. Despite any other provision of this Lease, the total liability for interest payments shall not exceed the limits, if any, imposed by the usury laws of the State of California. Any interest paid in excess of those limits shall be refunded to Tenant by application of the amount of excess interest paid against any sums outstanding in any order that Landlord requires. If the amount of excess interest paid exceeds the sums outstanding, the portion exceeding those sums shall be refunded to Tenant by Landlord. (b) Accordingly, if any payment of fees and charges as specified in Section 3.01 in this LICENSE entitled “FEES AND CHARGES" Rent or Additional Rent or of any other sum due to the COUNTY is not received by COUNTY by the due datewithin three (3) business days of TENANT’s receipt of notice from COUNTY that such payment is due, a late charge of one and one-one half percent (1.5%) of the payment due and unpaid plus one hundred dollars ($100) 100 shall be added to the payment, and the total sum shall become immediately due and payable to the COUNTY. An additional charge of one and one-one half percent (1.5%) of said payment, excluding late charges, shall be added for each additional month that said payment remains unpaid. The LICENSEE . (c) TENANT and the COUNTY hereby agree that such late charges represent a fair and reasonable estimate of the costs that the COUNTY will incur by reason of the LICENSEE's TENANT’s late payment. Acceptance of such late charges (and/or any portion of the overdue payment) by the COUNTY shall in no event constitute a waiver of the LICENSEE's TENANT’s default with respect to such overdue payment, or prevent the COUNTY from exercising any of the other rights and remedies granted hereunder.

CHARGE FOR LATE PAYMENT. The LICENSEE XXXXXXXX POWER and COUNTY hereby acknowledges acknowledge that the late payment of fees and charges or any other sums due hereunder under this Agreement will cause the COUNTY to incur costs not contemplated by this LICENSEAgreement, the exact amount of which will be extremely difficult to ascertain. Such costs include, include but are not limited to, to costs such as administrative processing of delinquent notices, increased accounting costs, lost interest incomeetc. Accordingly, if any payment of fees and charges as specified in Section 3.01 in this LICENSE entitled “FEES AND CHARGES" or of any other sum due to the COUNTY under this Agreement is not received by the COUNTY by within thirty (30) days after the due date, a late charge of one and one-half percent (1.5%) [***] of the payment due and unpaid plus one hundred dollars ($100) shall be added to the payment, and the total sum shall become immediately due and payable to the COUNTY. An additional charge of one and one-half percent (1.5%) [***] of said payment, excluding late charges, shall be added for each additional month that said payment remains unpaid. The LICENSEE Any and all payments (including partial payments) made by XXXXXXXX POWER to the COUNTY must first be applied to any unpaid late charge(s) before reducing the payment (whether current or delinquent) due. XXXXXXXX POWER and COUNTY hereby agree that such late charges represent a fair and reasonable estimate of the costs that the COUNTY will incur by reason of the LICENSEE's a late payment. Acceptance of such late charges (and/or any portion of the overdue payment) by the COUNTY shall in no event constitute a waiver of the LICENSEE's any default with respect to such overdue payment, amount hereunder. The charges for late payment set forth in this Section 2.3 shall accrue and be due and payable whether or prevent the COUNTY from exercising not specifically referenced in any individual section of the other rights and remedies granted hereunderthis Agreement.

CHARGE FOR LATE PAYMENT. The LICENSEE 3.8.1. Tenant hereby acknowledges that the late payment of fees and charges Monthly Rent or any other sums due hereunder will cause the COUNTY District to incur costs not contemplated by this LICENSELease, the exact amount of which will be extremely difficult to ascertain. Such costs include, include but are not limited to, to costs such as administrative processing of delinquent notices, increased accounting costs, lost interest incomeetc. 3.8.2. Accordingly, if any payment of fees and charges as specified in Section 3.01 in this LICENSE entitled “FEES AND CHARGES" Monthly Rent or of any other sum due to the COUNTY District is not received by COUNTY by the due dateDistrict within three (3) business days of Tenant’s receipt of notice from District that such payment is due, a late charge of one and one-half percent (1.5%) of the payment due and unpaid plus one hundred dollars ($100) 100 shall be added to the payment, and the total sum shall become immediately due and payable to the COUNTYDistrict. An additional charge of one and one-half percent (1.5%) of said payment, excluding late charges, shall be added for each additional month that said payment remains unpaid. The LICENSEE Any payments of any kind by Tenant that are returned for insufficient funds will be subject to an additional handling charge of Two Hundred Fifty Dollars ($250.00). Payments will be first applied to accrued late payment, second to accrued interest, then to Monthly Rent and the COUNTY any remaining amount to any other outstanding costs or charges. 3.8.3. Tenant and District hereby agree that such late charges represent a fair and reasonable estimate of the costs that the COUNTY District will incur by reason of the LICENSEE's Tenant’s late payment. Acceptance of such late charges (and/or any portion less than full amount of the overdue payment) by the COUNTY District shall in no event constitute a waiver of the LICENSEE's Tenant’s default with respect to such overdue payment, or prevent the COUNTY District from exercising any of the other rights and remedies granted hereunderhereunder until Tenant has paid such amounts in full. 3.8.4. In the event that Tenant makes two (2) late payments in any twelve (12) month period, the Tenant shall thereafter pay Monthly Rent in quarterly installments in advance at the request and sole discretion of the Chief Real Estate Officer, in addition to any other remedies that the District may have at law or otherwise.