Common use of Delinquent Payment; Handling Charges Clause in Contracts

Delinquent Payment; Handling Charges. All past due payments required of Tenant hereunder shall bear interest from that date which is thirty (30) days following the date due until paid at the lesser of fifteen percent (15%) per annum or the maximum lawful rate of interest (such lesser amount is referred to herein as the “Default Rate”); additionally, as to all payments due hereunder which are not made within five (5) days of their due date, Landlord, in addition to all other rights and remedies available to it, may charge Tenant a fee equal to five percent (5%) of the delinquent payment to reimburse Landlord for its cost and inconvenience incurred as a consequence of Tenant’s delinquency. In no event, however, shall the charges permitted under this Section 5 or elsewhere in this Lease, to the extent they are considered to be interest under applicable Law, exceed the maximum lawful rate of interest. Notwithstanding the foregoing; (i) the late fee referenced above shall not be charged with respect to the first occurrence (but not any subsequent occurrence) during any twelve-month period that Tenant fails to make payment when due, until five (5) days after Landlord delivers written notice of such delinquency to Tenant; and (ii) the interest referenced above shall not be charged with respect to the first occurrence (but may be charged for any subsequent occurrence) during any twelve-month period that Tenant fails to make payment when due, until five (5) days after Landlord delivers written notice of such delinquency to Tenant.

Delinquent Payment; Handling Charges. All past due payments required of Tenant hereunder shall bear interest from that date which is thirty (30) days following the date due until paid at the lesser of fifteen percent (15%) per annum or the maximum lawful rate of interest (such lesser amount is referred to herein as the “Default Rate”); additionallyinterest, as and, with respect to all payments due hereunder which are Scheduled Rent not made within five (5) days of their due datepaid when due, Landlord, in addition to all other rights and remedies available to it, Landlord may alternatively charge Tenant a fee equal to five percent (5%) 3% of the delinquent Scheduled Rent payment to reimburse Landlord for its cost and inconvenience incurred as a consequence of Tenant’s 's delinquency. In no event; provided, however, shall that notwithstanding any other provision of this Section 4 or of any other Section of this Lease to the contrary, the charges permitted under this Section 5 4 or elsewhere in this Lease, to the extent they are considered to be interest under applicable Lawlaw, shall not exceed the maximum lawful rate of interest. Notwithstanding Except as otherwise expressly provided in the foregoing; last sentence of this Section 4, the delinquent payment fee or interest provided for above shall accrue immediately after the due date of any such late payment, without grace or notice of any kind being required, and independently of (i) any default or Event of Default under this Lease, or (ii) any notice or grace periods provided for in any other Sections of this Lease. Notwithstanding anything in this Section 4 to the late fee referenced above contrary, Tenant shall not be charged allowed one (1) grace period of three (3) days in length during each consecutive twelve (12) month period (a "LATE CHARGE GRACE PERIOD") with respect to the first occurrence payment of Schedule Rent (but not with respect to any subsequent occurrence) other amounts owed under the terms of this Lease), beginning on the due date of the subject payment and without notice of any kind, and, so long as all previous payments of Scheduled Rent have been made on or before the due date therefor in strict accordance with the terms of this Lease during any such twelve-month period, and so long as no Event of Default then exists under this Lease, the three percent (3%) delinquency fee described in this Section 4 shall not accrue during any Late Charge Grace Period; provided, however, that any Late Charge Grace Period shall be completely independent of and unrelated to the ten-day period that Tenant fails to make payment when duedescribed in Section 16(a) of this Lease, until five (5) days after Landlord delivers written and nothing in this Section 4 shall be interpreted as requiring any notice of such delinquency to Tenant; and (ii) the interest referenced above shall not be charged any kind by Landlord in connection with respect to the first occurrence (but may be charged for any subsequent occurrence) during any twelve-month period that Tenant fails to make payment when due, until five (5) days after Landlord delivers written notice of such delinquency to Tenantan Late Charge Grace Period.

Delinquent Payment; Handling Charges. Monthly payments of Rent shall be due on the first day of each calendar month of the Term and shall be considered delinquent if received after the fifth day of such month, regardless of whether Landlord notifies Tenant of such delinquency. All past due delinquent payments required of Tenant hereunder shall bear interest from that the delinquency date which is thirty (30i.e., the sixth day of the calendar month for regular monthly payments of Rent) days following the date due until paid at the lesser of fifteen eighteen percent (15%) per annum or the maximum lawful rate of interest (such lesser amount is referred to herein as the “"Default Rate”"); additionally, as to all payments due hereunder which are not made within five (5) days of their due date, Landlord, in addition to all other rights and remedies available to it, may charge Tenant a fee equal to the greater of (a) $50.00, or (b) five percent (5%) of the delinquent payment to reimburse Landlord for its cost and inconvenience incurred as a consequence of Tenant’s 's delinquency. In no event, however, shall the charges permitted under this Section 5 or elsewhere in this Lease, to the extent they are considered to be interest under applicable Law, exceed the maximum lawful rate of interest. Notwithstanding the foregoing; (i) , the interest and the late fee referenced above shall not be charged with respect to the first occurrence two occurrences (but not any subsequent occurrence) during any twelve12-month period that Tenant fails to make payment when duedue (e.g., for monthly recurring payments of Rent, by the fifth day of each calendar month), until five (5) days after Landlord delivers written notice of such delinquency to Tenant; . If any check is tendered by Tenant and not duly honored with good funds, Tenant shall, in addition to any other remedies available to Landlord under this Lease, pay Landlord a "NSF" fee of $75.00, and Landlord may require, by giving written notice to Tenant (iiand in addition to any other rights and remedies accruing pursuant to the terms, provisions or covenants of this Lease) that all future rental payments are to be made on or before the due date by cash, cashier's check, or money order, and that the delivery of Tenant's personal or corporate check will no longer constitute a payment of rental as provided in this Lease. In addition, if Tenant's Rent payments are delinquent by more than five Business Days in any two consecutive months, then Landlord, in order to reduce its administrative costs, may require, by giving written notice to Tenant (and in addition to any interest referenced above accruing pursuant to this Section 5, as well as any other rights and remedies accruing pursuant to the terms, provisions or covenants of this Lease), that Basic Rent is to be paid quarterly in advance instead of monthly and that all future rental payments are to be made on or before the due date by cash, cashier's check, or money order, and that the delivery of Tenant's personal or corporate check will no longer constitute a payment of rental as provided in this Lease. Any acceptance of a monthly rental payment or of a personal or corporate check thereafter by Landlord shall not be charged construed as a subsequent waiver of said rights, regardless of any notation on said check or any conditions with respect which Tenant offers such check to the first occurrence (but may be charged for any subsequent occurrence) during any twelve-month period that Tenant fails to make payment when due, until five (5) days after Landlord delivers written notice of such delinquency to TenantLandlord.

Delinquent Payment; Handling Charges. All past due payments required of Tenant hereunder shall which are not paid within five (5) days following the date when due shall, bear interest from that date which is thirty (30) days following the date due until paid at the lesser of fifteen twelve percent (15%) per annum or the maximum lawful rate of interest (such lesser amount is referred to herein as us the “Default Rate”); additionally, as to all payments due hereunder which are not made within five (5) days of their due date, Landlord, in addition to all other rights and remedies available to it, may charge Tenant a fee equal to five the greater of (a) $50.00 or (b) two and one-half percent (52.5%) of the delinquent payment to reimburse Landlord for its cost and inconvenience incurred as a consequence of Tenant’s delinquencydelinquency with respect to any amount not paid within five (5) days following the date when due, if such nonpayment continues for more than five (5) days following written notice from Landlord to Tenant (provided that such right to written notice shall be limited to a maximum of one (1) time during each calendar year of the term of this Lease). In no event, however, shall the charges permitted under this Section 5 0 or elsewhere in this Lease, to the extent they are considered to be interest under applicable Law, exceed the maximum lawful rate of interest. Notwithstanding the foregoing; If any check is tendered by Tenant and not duly honored with good funds, Tenant shall, in addition to any other remedies available to Landlord under this Lease, pay Landlord a “NSF” fee of $75.00, and landlord may require, by giving at least 15 days prior written notice to Tenant (i) the late fee referenced above shall not be charged with respect and in addition to any other rights and remedies accruing pursuant to the first occurrence (but not any subsequent occurrenceterms. provisions or covenants of this Lease) during any twelve-month period that all future rental payments are to be made on or before the due date by cash, cashier’s check, or money order, and that the delivery of Tenant’s personal or corporate check will no longer constitute a payment of rental as provided in this Lease; provided, that at Tenant’s option, Tenant fails may make such payments by wire transfer in lieu of the foregoing requirements, and in such event, Landlord agrees to make payment when due, until provide Landlord’s account number and related information to Tenant within five (5) days after Landlord delivers written notice of request in order to enable Tenant to effectuate any such delinquency to Tenant; and (ii) the interest referenced above shall not be charged with respect to the first occurrence (but may be charged for any subsequent occurrence) during any twelve-month period that wire transfer. In addition, if Tenant fails in two (2) consecutive months to make payment when due, until rental payments within five (5) days after Landlord delivers due date, Landlord, in order to reduce its administrative costs, may require, by giving at least 15 days prior written notice to Tenant (and in addition to any interest accruing pursuant to this Section 5 as well as any other rights and remedies accruing pursuant to the terms, provisions or covenants of this Lease), all future rental payments are to be made on or before the due date by cash, cashier’s check. or money order, and that the delivery of Tenant’s personal or corporate check will no longer constitute a payment of rental as provided in this Lease; provided, that at Tenant’s option, Tenant may make such delinquency payments by wire transfer in lieu of the foregoing requirements, and in such event, Landlord agrees to Tenantprovide Xxxxxxxx’s account number and related information to Tenant within five (5) days after request in order to enable Tenant to effectuate any such wire transfer. Any acceptance of a personal or corporate check thereafter by Landlord shall not be construed as a subsequent waiver of said rights, regardless of any notation on said check or any condition with which Tenant offers such check to Landlord.

Delinquent Payment; Handling Charges. All past due payments required of Tenant hereunder shall bear interest from that date which is thirty (30) days following the date due until paid at the lesser of fifteen eighteen percent (15%) per annum or the maximum lawful rate of interest (such lesser amount is referred to herein as the “Default Rate”); additionally, as to all payments due hereunder which are not made within five (5) days of their due date, Landlord, in addition to all other rights and remedies available to it, may charge Tenant a fee equal to five percent (5%) 3½% of the delinquent payment to reimburse Landlord for its cost and inconvenience incurred as a consequence of Tenant’s delinquency. In no event, however, shall the charges permitted under this Section 5 or elsewhere in this Lease, to the extent they are considered to be interest under applicable Law, exceed the maximum lawful rate of interest. Notwithstanding the foregoing; (i) , the late fee referenced above shall not be charged with respect to the first occurrence (but not any subsequent occurrence) during any twelve12-month period that Tenant fails to make payment when due, until five (5) business days after Landlord Xxxxxxxx delivers written notice of such delinquency to Tenant; . If any check is tendered by Tenant and not duly honored with good funds, Tenant shall, in addition to any other remedies available to Landlord under this Lease, pay Landlord a “NSF” fee of $75.00, and Landlord may require, by giving written notice to Tenant (ii) the interest referenced above shall not be charged with respect and in addition to any other rights and remedies accruing pursuant to the first occurrence (but may terms, provisions or covenants of this Lease) that all future rental payments are to be charged for any subsequent occurrence) during any twelve-month period made on or before the due date by cash, cashier’s check, or money order, and that the delivery of Tenant’s personal or corporate check will no longer constitute a payment of rental as provided in this Lease. In addition, if Tenant fails in two (2) consecutive months to make payment when due, until rental payments within five (5) business days after Landlord delivers the due date, Landlord, in order to reduce its administrative costs, may require, by giving written notice to Tenant (and in addition to any interest accruing pursuant to this Section 5, as well as any other rights and remedies accruing pursuant to the terms, provisions or covenants of this Lease), that Basic Rent is to be paid quarterly in advance instead of monthly and that all future rental payments are to be made on or before the due date by cash, cashier’s check, or money order, and that the delivery of Tenant’s personal or corporate check will no longer constitute a payment of rental as provided in this Lease. Any acceptance of a monthly rental payment or of a personal or corporate check thereafter by Landlord shall not be construed as a subsequent waiver of said rights, regardless of any notation on said check or any conditions with which Tenant offers such delinquency check to TenantLandlord.