Common use of Late Charge and Interest Clause in Contracts

Late Charge and Interest. Tenant acknowledges that late payment by Tenant to Landlord of Fixed Monthly Rent or Additional Rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which are extremely difficult and impracticable to fix. Such costs include, without limitation, processing and accounting charges and late charges that may be imposed on Landlord by the terms of any encumbrance and note secured by any encumbrance covering the Premises. Therefore, if any installment of Fixed Monthly Rent or Additional Rent and other payment due from Tenant hereunder is not received by Landlord within five (5) days of the date it becomes due, Tenant shall pay to Landlord on demand an additional sum equal to five percent (5%) of the overdue amount as a late charge. The parties agree that this late charge represents a fair and reasonable settlement against the costs that Landlord will incur by reason of Tenant’s late payment. Acceptance of any late charge shall not constitute a waiver of Tenant’s default with respect to the overdue amount, or prevent Landlord from exercising any of the other rights and remedies available to Landlord. Every installment of Fixed Monthly Rent and Additional Rent and any other payment due hereunder from Tenant to Landlord which is not paid within twelve (12) days after the same becomes due and payable shall, in addition to any Late Charge already paid by Tenant, bear interest at the rate of ten percent (10%) per annum from the date that the same originally became due and payable until the date it is paid. Landlord shall xxxx Tenant for said interest, and Tenant shall pay the same within five (5) days of receipt of Landlord’s billing. Notwithstanding the foregoing, Tenant shall not be assessed any late charge for the first late payment in each twenty-four (24) month period of the Term so long as Tenant pays such amount within five (5) days of Tenant’s receipt of notice that such amount has not been paid.

Appears in 2 contracts

Samples: Office Lease (Ziprecruiter, Inc.), Office Lease (BioSig Technologies, Inc.)

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Late Charge and Interest. Tenant acknowledges that late payment by Tenant to Landlord of Fixed Monthly Rent or Additional Rent under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which are is extremely difficult and or impracticable to fixdetermine. Such costs include, without limitationbut are not limited to, processing and accounting charges and charges, late charges that may be imposed on Landlord by the terms of any encumbrance Security Instrument, and note secured by any encumbrance covering the Premiseslate charges and penalties that may be imposed due to late payment of Real Property Taxes. Therefore, if any installment of Fixed Base Monthly Rent or any payment of Additional Rent and or other payment rent due from Tenant hereunder is not received by Landlord within five (5) days of in good funds by the date it becomes duethat is three (3) business days after its due date, Tenant shall pay to Landlord on demand an additional sum equal to five percent (5%) of the amount overdue amount as a late charge; provided, however, such late charge shall be waived for the first late payment of Rent in any calendar year provided Tenant makes such payment within three (3) business days after receipt of written notice. The parties agree acknowledge that this late charge represents a fair and reasonable settlement against estimate of the costs that Landlord will incur by reason of late payment by Tenant’s late payment. Acceptance of any In no event shall this provision for a late charge shall not constitute be deemed to grant to Tenant a waiver grace period or extension of Tenant’s default with respect time within which to the overdue amount, pay any rent or prevent Landlord from exercising any of the other rights and remedies right or remedy available to Landlord. Every installment Landlord upon Tenant’s failure to pay any rent due under this Lease in a timely fashion, including any right to terminate this Lease pursuant to Section 13.2C. If any rent remains delinquent for a period in excess of Fixed Monthly Rent and Additional Rent and any other payment due hereunder from Tenant to Landlord which is not paid within twelve thirty (1230) days after the same becomes due and payable shallthen, in addition to any Late Charge already paid by Tenantsuch late charge, bear interest at the rate of ten percent (10%) per annum from the date that the same originally became due and payable until the date it is paid. Landlord shall xxxx Tenant for said interest, and Tenant shall pay to Landlord interest on any rent that is not paid when due at the same within five (5) days of receipt of Landlord’s billing. Notwithstanding Agreed Interest Rate following the foregoing, Tenant shall not be assessed any late charge for the first late payment in each twenty-four (24) month period of the Term so long as Tenant pays date such amount within five (5) days of Tenant’s receipt of notice that such amount has not been became due until paid.

Appears in 2 contracts

Samples: Office Lease (Arteris, Inc.), Office Lease (Arteris, Inc.)

Late Charge and Interest. Tenant acknowledges that late payment by Tenant to Landlord of Fixed Monthly Rent or Additional any Rent will cause Landlord to incur administrative costs not contemplated by this Lease, the exact amount of which are is extremely difficult and impracticable to fixascertain based on the facts and circumstances pertaining as of the Lease Date. Such costs include, without limitation, processing and accounting charges and late charges that may be imposed on Landlord by the terms of any encumbrance and note secured by any encumbrance covering the Premises. ThereforeAccordingly, if any installment of Fixed Monthly Rent or Additional Rent and other payment due from Tenant hereunder is not received paid by Landlord Tenant, within five (5) days after Tenant's receipt of the date it becomes written notice from Landlord that such amount is past-due, then Tenant shall pay to Landlord on demand an additional sum a late charge equal to five percent (5%) of such Rent; provided that, if Tenant has previously received one (1) or more written notices from Landlord during the overdue amount as a immediately preceding twelve (12) month-period stating that Tenant failed to pay any Rent required to be paid by Tenant under this Lease when due, then Landlord shall not be required to deliver any further written notice to Tenant in such twelve (12) month period. Any Rent, other than late chargecharges, due Landlord under this Lease, if not paid when due, shall also bear interest at the Interest Rate from the date due until paid. The parties agree acknowledge that this such late charge represents and interest represent a fair and reasonable settlement against estimate of the administrative costs that and loss of use of funds Landlord will incur by reason of a late Rent payment by Tenant’s late payment. Acceptance , but Landlord's acceptance of any such late charge and/or interest shall not constitute a waiver of Tenant’s default an Event of Default with respect to the overdue amount, such Rent or prevent Landlord from exercising any of the other rights and remedies available to Landlord. Every installment of Fixed Monthly Rent and Additional Rent and any other payment due hereunder from Tenant to Landlord which is not paid within twelve (12) days after the same becomes due and payable shall, in addition to any Late Charge already paid by Tenant, bear interest at the rate of ten percent (10%) per annum from the date that the same originally became due and payable until the date it is paid. Landlord shall xxxx Tenant for said interest, and Tenant shall pay the same within five (5) days of receipt of Landlord’s billing. Notwithstanding the foregoing, Tenant shall not be assessed any late charge for the first late payment in each twenty-four (24) month period of the Term so long as Tenant pays such amount within five (5) days of Tenant’s receipt of notice that such amount has not been paidprovided under this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Forescout Technologies, Inc), Lease Agreement (Forescout Technologies, Inc)

Late Charge and Interest. Tenant acknowledges that late payment by Tenant to Landlord of Fixed Monthly Rent or Additional Rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which are extremely difficult and impracticable to fix. Such costs include, without limitation, processing and accounting charges and late charges that may be imposed on Landlord by the terms of any encumbrance and note secured by any encumbrance covering the Premises. Therefore, if any installment of Fixed Monthly Rent or Additional Rent and other payment due from Tenant hereunder is not received by Landlord within five seven (57) business days of the date it becomes due, Tenant shall pay to Landlord on demand an additional sum equal to five percent (5%) of the overdue amount as a late charge. The parties agree that this late charge represents a fair and reasonable settlement against the costs that Landlord will incur by reason of TenantXxxxxx’s late payment. Acceptance of any late charge shall not constitute a waiver of Tenant’s default with respect to the overdue amount, or prevent Landlord from exercising any of the other rights and remedies available to Landlord. Every installment of Fixed Monthly Rent and Additional Rent and any other payment due hereunder from Tenant to Landlord which is not paid within twelve (12) days after the same becomes due and payable shall, in addition to any Late Charge already paid by Tenant, bear interest at the rate of ten percent (10%) per annum from the date that the same originally became due and payable until the date it is paid. Landlord shall xxxx Tenant Xxxxxx for said interest, and Tenant shall pay the same within five (5) days of receipt of Landlord’s billing. Notwithstanding the foregoing, Tenant shall not be assessed any late charge for the first late payment in each twenty-four twelve (2412) month period of the Term so long as Tenant pays such amount within five (5) business days of Tenant’s receipt of written notice from Landlord that such amount has not been paid.

Appears in 2 contracts

Samples: Office Lease (Blackline, Inc.), Office Lease (Blackline, Inc.)

Late Charge and Interest. Tenant acknowledges that late payment by ------------------------ Tenant to Landlord of Fixed Monthly Rent or Additional Rent under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which are is extremely difficult and or impracticable to fixdetermine. Such costs include, without limitationbut are not limited to, processing and accounting charges and charges, late charges that may be imposed on Landlord by the terms of any encumbrance Security Instrument, and note secured by any encumbrance covering the Premiseslate charges and penalties that may be imposed due to late payment of Real Property Taxes. Therefore, if any installment of Fixed Base Monthly Rent or any payment of Additional Rent and or other payment rent due from Tenant hereunder is not received by Landlord within five (5) days of in good funds by the date it becomes dueapplicable due date, Tenant shall pay to Landlord on demand an additional sum equal to five ten percent (510%) of the amount overdue amount as a late charge. The parties agree acknowledge that this late charge represents a fair and reasonable settlement against estimate of the costs that Landlord will incur by reason of Tenant’s late paymentpayment by Xxxxxx. Acceptance of any In no event shall this provision for a late charge shall not constitute be deemed to grant to Tenant a waiver grace period or extension of Tenant’s default with respect time within which to the overdue amount, pay any rent or prevent Landlord from exercising any of the other rights and remedies right or remedy available to Landlord. Every installment Landlord upon Tenant's failure to pay any rent due under this Lease in a timely fashion, including any right to terminate this Lease pursuant to Section 13.2C. If any rent remains delinquent for a period in excess of Fixed Monthly Rent and Additional Rent and any other payment due hereunder from Tenant to Landlord which is not paid within twelve thirty (1230) days after the same becomes due and payable shallthen, in addition to any Late Charge already paid by Tenantsuch late charge, bear interest at the rate of ten percent (10%) per annum from the date that the same originally became due and payable until the date it is paid. Landlord shall xxxx Tenant for said interest, and Tenant shall pay to Landlord interest on any rent that is not paid when due at the same within five (5) days of receipt of Landlord’s billing. Notwithstanding Agreed Interest Rate following the foregoing, Tenant shall not be assessed any late charge for the first late payment in each twenty-four (24) month period of the Term so long as Tenant pays date such amount within five (5) days of Tenant’s receipt of notice that such amount has not been became due until paid.

Appears in 1 contract

Samples: Office Lease (Netflix Com Inc)

Late Charge and Interest. Tenant acknowledges that late payment by Tenant to Landlord of Fixed Monthly Rent or Additional Rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which are extremely difficult and impracticable to fix. Such costs include, without limitation, processing and accounting charges and late charges that may be imposed on Landlord by the terms of any encumbrance and note secured by any encumbrance covering the Premises. Therefore, if any installment of Fixed Monthly Rent or Additional Rent and other payment due from Tenant hereunder is not received by Landlord within five (5) days of the date it becomes due, Tenant shall pay to Landlord on demand an additional sum equal to five percent (5%) of the overdue amount as a late charge. The parties agree that this late charge represents a fair and reasonable settlement against the costs that Landlord will incur by reason of Tenant’s late payment. Acceptance of any late charge shall not constitute a waiver of Tenant’s default with respect to the overdue amount, or prevent Landlord from exercising any of the other rights and remedies available to Landlord. Every installment of Fixed Monthly Rent and Additional Rent and any other payment due hereunder from Tenant to Landlord which is not paid within twelve (12) days after the same becomes due and payable shall, in addition to any Late Charge already paid by Tenant, bear interest at the rate of ten percent (10%) per annum from the date that the same originally became due and payable until the date it is paid. Landlord shall xxxx bxxx Tenant for said interest, and Tenant shall pay the same within five (5) days of receipt of Landlord’s billing. Notwithstanding the foregoing, Tenant shall not be assessed any late charge or interest for the first two (2) late payment payments in each twenty-four twelve (2412) month period of the Term so long as Tenant pays such amount within five (5) days of Tenant’s receipt of written notice that such amount has not been paid.

Appears in 1 contract

Samples: Office Lease (National Mercantile Bancorp)

Late Charge and Interest. Tenant acknowledges that late payment by Tenant to Landlord of Fixed Monthly Rent or Additional Rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which are extremely difficult and impracticable to fix. Such costs include, without limitation, processing and accounting charges and late charges that may be imposed on Landlord by the terms of any encumbrance and note secured by any encumbrance covering the Premises. Therefore, if any installment of Fixed Monthly Rent or Additional Rent and other payment due from Tenant hereunder is not received by Landlord within five (5) business days of the date it becomes due, Tenant shall pay to Landlord on demand an additional sum equal to five percent (5%) of the overdue amount as a late charge. The parties agree that this late charge represents a fair and reasonable settlement against the costs that Landlord will incur by reason of Tenant’s 's late payment. Acceptance of any late charge shall not constitute a waiver of Tenant’s 's default with respect to the overdue amount, or prevent Landlord from exercising any of the other rights and remedies available to Landlord. Every installment of Fixed Monthly Rent and Additional Rent and any other payment due hereunder from Tenant to Landlord which is not paid within twelve (12) days after the same becomes due and payable shall, in addition to any Late Charge already paid by Tenant, bear interest at the rate of ten percent (10%) per annum from the date that the same originally became due and payable until the date it is paid. Landlord shall xxxx Tenant for said interest, and Tenant shall pay the same within five (5) days of receipt of Landlord’s 's billing. Notwithstanding the foregoing, Tenant shall not be assessed any late charge for the first late payment in each twenty-four (24) month period of the Term so long as Tenant pays such amount within five (5) days of Tenant’s receipt of notice that such amount has not been paid.

Appears in 1 contract

Samples: Office Lease (Cytrx Corp)

Late Charge and Interest. Tenant acknowledges that late payment by Tenant to Landlord of Fixed Monthly Rent or Additional Rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which are extremely difficult and impracticable to fix. Such costs include, without limitation, processing and accounting charges and late charges that may be imposed on Landlord by the terms of any encumbrance and note secured by any encumbrance covering the Premises. Therefore, if any installment of Fixed Monthly Rent or Additional Rent and other payment due from Tenant hereunder is not received by Landlord within five (5) days after Tenant's receipt of the date it becomes duewritten notice that any such amount has not been paid, Tenant shall pay to Landlord on demand an additional sum equal to five percent (5%) of the overdue amount as a late charge. The parties agree that this late charge represents a fair and reasonable settlement against the costs that Landlord will incur by reason of Tenant’s 's late payment. Acceptance of any late charge shall not constitute a waiver of Tenant’s 's default with respect to the overdue amount, or prevent Landlord from exercising any of the other rights and remedies available to Landlord. Every installment of Fixed Monthly Rent and Additional Rent and any other payment due hereunder from Tenant to Landlord which is not paid within twelve (12) days after the same becomes due and payable shall, in addition to any Late Charge already paid by Tenant, bear interest at the rate of ten percent (10%) per annum from the date that the same originally became due and payable until the date it is paid. Landlord shall xxxx Tenant for said interest, and Tenant shall pay the same within five (5) days of receipt of Landlord’s 's billing. Notwithstanding the foregoing, Tenant shall not be assessed any late charge for the first late payment in each twenty-four (24) month period of the Term so long as Tenant pays such amount within five (5) days of Tenant’s receipt of notice that such amount has not been paid.

Appears in 1 contract

Samples: Office Lease (Sizzler International Inc)

Late Charge and Interest. Tenant acknowledges that late payment by Tenant to Landlord of Fixed Monthly Rent or Additional Rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which are extremely difficult and impracticable to fix. Such costs include, without limitation, processing and accounting charges and late charges that may be imposed on Landlord by the terms of any encumbrance and note secured by any encumbrance covering the Premises. Therefore, if any installment of Fixed Monthly Rent or Additional Rent and other payment due from Tenant hereunder is not received by Landlord within five (5) business days of the date it becomes due, Tenant shall pay to Landlord on demand an additional sum equal to five percent (5%) of the overdue amount as a late charge. The parties agree that this late charge represents a fair and reasonable settlement against the costs that Landlord will incur by reason of Tenant’s 's late payment. Acceptance of any late charge shall not constitute a waiver of Tenant’s 's default with respect to the overdue amount, or prevent Landlord from exercising any of the other rights and remedies available to Landlord. Every installment of Fixed Monthly Rent and Additional Rent and any other payment due hereunder from Tenant to Landlord which is not paid within twelve (12) days after alter the same becomes due and payable shall, in addition to any Late Charge already paid by Tenant, bear interest at the rate of ten percent (10%) per annum from the date that the same originally became due and payable until the date it is paid. Landlord shall xxxx Tenant bill Xxxant for said interest, and Tenant shall pay the same within five (5) business days of receipt of Landlord’s 's billing. Notwithstanding the foregoing, Tenant shall not be assessed any late charge for the first late payment in each twenty-four (24) month period of the Term so long as Tenant pays such amount within five (5) days of Tenant’s receipt of notice that such amount has not been paid.

Appears in 1 contract

Samples: Office Lease (Stan Lee Media Inc)

Late Charge and Interest. Tenant acknowledges that late payment by Tenant to Landlord of Fixed Monthly Rent or Additional Rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which are extremely difficult and impracticable to fix. Such costs include, without limitation, processing and accounting charges and late charges that may be imposed on Landlord by the terms of any encumbrance and note secured by any encumbrance covering the Premises. Therefore, if any installment of Fixed Monthly Rent or Additional Rent and other payment due from Tenant hereunder is not received by Landlord within five (5) business days of the date it becomes due, Tenant shall pay to Landlord on demand an additional sum equal to five percent (5%) of the overdue amount as a late charge. The parties agree that this late charge represents a fair and reasonable settlement against the costs that Landlord will incur by reason of Tenant’s late payment. Acceptance of any late charge shall not constitute a waiver of Tenant’s default with respect to the overdue amount, or prevent Landlord from exercising any of the other rights and remedies available to Landlord. Every installment of Fixed Monthly Rent and Additional Rent and any other payment due hereunder from Tenant to Landlord which is not paid within twelve (12) days after the same becomes due and payable shall, in addition to any Late Charge already paid by Tenant, bear interest at the rate of ten percent (10%) per annum from the date that the same originally became due and payable until the date it is paid. Landlord shall xxxx Tenant for said interest, and Tenant shall pay the same within five (5) days of receipt of Landlord’s billing. Notwithstanding the foregoing, Tenant shall not be assessed any late charge for the first late payment in each twenty-four twelve (2412) month period of the Term so long as Tenant pays such amount within five (5) business days of Tenant’s receipt of written notice that such amount has not been paid.

Appears in 1 contract

Samples: Office Lease (ReachLocal Inc)

Late Charge and Interest. Tenant Sublessee acknowledges that its late payment by Tenant to Landlord of Fixed Monthly Rent or Additional Rent will cause Landlord Sublessor to incur costs and expenses not contemplated by this LeaseSublease, including, but not limited to, administrative and collection costs, the exact amount of which are is extremely difficult and impracticable or impractical to fix. Such costs include, without limitation, processing and accounting charges and late charges that may be imposed on Landlord by the terms of any encumbrance and note secured by any encumbrance covering the Premises. ThereforeAccordingly, if any installment of Fixed Monthly Rent or Additional Rent and other payment due from Tenant hereunder is not received by Landlord paid within five (5) days of the date it becomes such Rent is due, Tenant Sublessee shall pay to Landlord on demand an additional sum Sublessor, in addition to the installment of Rent then owing, a late payment charge equal to five percent (5%) of the overdue amount as of the delinquent installment, regardless of whether a late chargenotice of default or notice of termination has been given by Sublessor. The parties Sublessor and Sublessee agree that this late charge represents a fair and reasonable settlement against estimate of the costs that Landlord will incur and expenses incurred by reason of Tenant’s Sublessor from, and is fair compensation to Sublessor for, its loss suffered by such late paymentpayment by Sublessee. Acceptance of In addition to such late charge, any late charge shall not constitute a waiver of Tenant’s default with respect to the overdue amount, Rent or prevent Landlord from exercising any of the other rights and remedies available to Landlord. Every installment of Fixed Monthly Rent and Additional Rent and any other payment due hereunder from Tenant to Landlord amounts owing unto Sublessor under this Sublease which is are not paid within twelve five (125) days after the same becomes date they are due and payable shall, in addition to any Late Charge already paid by Tenant, shall thereafter bear interest at the rate of ten percent (10%) per annum from the date that the same originally became annum. Nothing contained herein shall relieve Sublessee of its obligation to pay Rent as and when due and payable until in the date it is paid. Landlord manner recorded under this Sublease nor shall xxxx Tenant for said interest, and Tenant shall pay the same within five (5) days any provision hereunder constitute a waiver of receipt any default of Landlord’s billing. Notwithstanding the foregoing, Tenant shall not be assessed Sublessee with regard to any late charge for the first late or non-payment in each twenty-four (24) month period of the Term so long as Tenant pays such amount within five (5) days of Tenant’s receipt of notice that such amount has not been paidRent.

Appears in 1 contract

Samples: Sublease Agreement (Marlton Technologies Inc)

Late Charge and Interest. Tenant acknowledges that late payment by Tenant to Landlord of Fixed Monthly Rent or Additional Rent under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which are is extremely difficult and or impracticable to fixdetermine. Such costs include, without limitationbut are not limited to, processing and accounting charges and charges, late charges that may be imposed on Landlord by the terms of any encumbrance Security Instrument, and note secured by any encumbrance covering the Premiseslate charges and penalties that may be imposed due to late payment of Real Property Taxes. Therefore, if any installment of Fixed Base Monthly Rent or any payment of Additional Rent and or other payment rent due from Tenant hereunder is not received by Landlord in good funds within five ten (510) days of the date it becomes dueapplicable due date, Tenant shall pay to Landlord on demand an additional sum equal to five ten percent (510%) of the amount overdue amount as a late charge. The parties agree acknowledge that this late charge represents a fair and reasonable settlement against estimate of the costs that Landlord will incur by reason of late payment by Tenant’s late payment. Acceptance of any In no event shall this provision for a late charge shall not constitute be deemed to grant to Tenant a waiver grace period or extension of Tenant’s default with respect time within which to the overdue amount, pay any rent or prevent Landlord from exercising any of the other rights and remedies right or remedy available to Landlord. Every installment Landlord upon Tenant’s failure to pay any rent due under this Lease in a timely fashion, including any right to terminate this Lease pursuant to Section 13.2C. If any rent remains delinquent for a period in excess of Fixed Monthly Rent and Additional Rent and any other payment due hereunder from Tenant to Landlord which is not paid within twelve thirty (1230) days after the same becomes due and payable shallthen, in addition to any Late Charge already paid by Tenantsuch late charge, bear interest at the rate of ten percent (10%) per annum from the date that the same originally became due and payable until the date it is paid. Landlord shall xxxx Tenant for said interest, and Tenant shall pay to Landlord interest on any rent that is not paid when due at the same within five (5) days of receipt of Landlord’s billing. Notwithstanding Agreed Interest Rate following the foregoing, Tenant shall not be assessed any late charge for the first late payment in each twenty-four (24) month period of the Term so long as Tenant pays date such amount within five (5) days of Tenant’s receipt of notice that such amount has not been became due until paid.

Appears in 1 contract

Samples: Office Lease (Monolithic Power Systems Inc)

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Late Charge and Interest. Tenant acknowledges that late payment by Tenant to Landlord of Fixed Monthly Rent or Additional Rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which are extremely difficult and impracticable to fix. Such costs include, without limitation, processing and accounting charges and late charges that may be imposed on Landlord by the terms of any encumbrance and note secured by any encumbrance covering the Premises. Therefore, if any installment of Fixed Monthly Rent or Additional Rent and other payment due from Tenant hereunder is not received by Landlord within five seven (57) business days of the date it becomes due, Tenant shall pay to Landlord on demand an additional sum equal to five percent (5%) of the overdue amount as a late charge. The parties agree that this late charge represents a fair and reasonable settlement against the costs that Landlord will incur by reason of Tenant’s late payment. Acceptance of any late charge shall not constitute a waiver of Tenant’s default with respect to the overdue amount, or prevent Landlord from exercising any of the other rights and remedies available to Landlord. Every installment of Fixed Monthly Rent and Additional Rent and any other payment due hereunder from Tenant to Landlord which is not paid within twelve twenty (1220) days after the same becomes due and payable shall, in addition to any Late Charge already paid by Tenant, bear interest at the rate of ten percent (10%) per annum from the date that the same originally became due and payable until the date it is paid. Landlord shall xxxx Tenant for said interest, and Tenant shall pay the same within five thirty (530) days of receipt of Landlord’s billing. Notwithstanding the foregoing, Tenant shall not be assessed any late charge for the first two (2) late payment payments in each twenty-four twelve (2412) month period of the Term so long as Tenant pays such amount within five (5) business days of Tenant’s receipt of written notice that such amount has not been paidis past-due.

Appears in 1 contract

Samples: Lease Agreement (TrueCar, Inc.)

Late Charge and Interest. Tenant acknowledges that late payment by Tenant to Landlord of Fixed Monthly Rent or Additional Rent under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which are is extremely difficult and or impracticable to fixdetermine. Such costs include, without limitationbut are not limited to, processing and accounting charges and charges, late charges that may be imposed on Landlord by the terms of any encumbrance Security Instrument, and note secured by any encumbrance covering the Premiseslate charges and penalties that may be imposed due to late payment of Real Property Taxes. Therefore, if any installment of Fixed Base Monthly Rent or any payment of Additional Rent and or other payment rent due from Tenant hereunder is not received by Landlord within five (5) days of from the date it becomes dueapplicable due date, Tenant shall pay to Landlord on demand an additional sum equal to five percent (5%) of the amount overdue amount as a late charge. The parties agree acknowledge that this late charge represents a fair and reasonable settlement against estimate of the costs that Landlord will incur by reason of late payment by Tenant’s late payment. Acceptance of any In no event shall this provision for a late charge shall not constitute be deemed to grant to Tenant a waiver grace period or extension of Tenant’s default with respect time within which to the overdue amount, pay any rent or prevent Landlord from exercising any of the other rights and remedies right or remedy available to Landlord. Every installment Landlord upon Tenant’s failure to pay any rent due under this Lease in a timely fashion, including any right to terminate this Lease pursuant to Section 13.2C. If any rent remains delinquent for a period in excess of Fixed Monthly Rent and Additional Rent and any other payment due hereunder from Tenant to Landlord which is not paid within twelve thirty (1230) days after the same becomes due and payable shallthen, in addition to any Late Charge already paid by Tenantsuch late charge, bear interest at the rate of ten percent (10%) per annum from the date that the same originally became due and payable until the date it is paid. Landlord shall xxxx Tenant for said interest, and Tenant shall pay to Landlord interest on any rent that is not paid when due at the same within five (5) days of receipt of Landlord’s billing. Notwithstanding Agreed Interest Rate following the foregoing, Tenant shall not be assessed any late charge for the first late payment in each twenty-four (24) month period of the Term so long as Tenant pays date such amount within five (5) days of Tenant’s receipt of notice that such amount has not been became due until paid.

Appears in 1 contract

Samples: NNN Office Lease (Aridis Pharmaceuticals, Inc.)

Late Charge and Interest. Tenant acknowledges that the late payment by Tenant to Landlord ------------------------ of Fixed Monthly Rent or Additional Rent will cause Landlord to incur costs not contemplated by this Lease, including administrative costs, loss of use of the overdue funds and other costs, the exact amount of which are would be impractical and extremely difficult to ascertain. Landlord and impracticable to fix. Such costs include, without limitation, processing and accounting charges and late charges Tenant agree that may be imposed on if Landlord by the terms does not receive a payment of any encumbrance and note secured by any encumbrance covering the Premises. Therefore, if any installment of Fixed Monthly Rent or Additional Rent and other payment due from Tenant hereunder is not received by Landlord within five ten (510) days after Tenant's receipt of the date it becomes notice from Landlord that such payment is due, Tenant shall pay to Landlord on demand an additional sum equal to a late charge of five percent (5%) of the overdue amount per month as a late charge. The parties agree ; provided, however, that this late charge represents a fair and reasonable settlement against the costs that Landlord will incur by reason it Tenant's payment of Tenant’s late payment. Acceptance of Rent is overdue more than three (3) times in any late charge shall not constitute a waiver of Tenant’s default with respect to the overdue amount, or prevent Landlord from exercising any of the other rights and remedies available to Landlord. Every installment of Fixed Monthly Rent and Additional Rent and any other payment due hereunder from Tenant to Landlord which is not paid within twelve (12) days after month period, then no such notice from Landlord shall be required thereafter, and a late charge shall accrue immediately upon Landlord's failure to receive a Rent payment when due. Whenever interest is required to be paid under this Lease, the same becomes due and payable shall, in addition to any Late Charge already paid by Tenant, bear interest at the rate of ten percent (10%) per annum shall be calculated from the date that the same originally became payment was due and payable or should have been due if correctly assessed or estimated (or any overcharge paid), until the date it payment is paid. Landlord shall xxxx Tenant for said interest, and Tenant shall pay made or the same within five (5) days of receipt of Landlord’s billing. Notwithstanding the foregoing, Tenant shall not be assessed any late charge for the first late payment in each twenty-four (24) month period of the Term so long as Tenant pays such amount within five (5) days of Tenant’s receipt of notice that such amount has not been paidrefund is paid or is credited against Rent next due.

Appears in 1 contract

Samples: Office Lease (Smart & Final Inc/De)

Late Charge and Interest. Tenant hereby acknowledges that late payment by Tenant to Landlord of Fixed Monthly Base Rent, Additional Rent or Additional Rent other sums due hereunder (collectively, "Rent") will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which are will be extremely difficult and impracticable to fixascertain. Such costs include, without limitationbut are not limited to, processing and accounting charges charges, and late charges that which may be imposed on Landlord by the terms of any encumbrance and note secured by any encumbrance mortgage or deed of trust covering the PremisesBuilding or Property. ThereforeAccordingly, if any installment of Fixed Monthly Rent or Additional Rent and other payment due from Tenant hereunder is shall not be received by Landlord within five (510) days of the date it becomes after such amount shall be due, then Tenant shall pay to Landlord on demand an additional sum a late charge equal to five percent (5%) of the such overdue amount as a late chargeamount. The parties hereby agree that this such late charge represents a fair and reasonable settlement against estimate of the costs that Landlord will incur by reason of late payment by Tenant’s late payment. Acceptance of any such late charge by Landlord shall not in no event constitute a waiver of Tenant’s 's default with respect to the such overdue amount, or nor prevent Landlord from exercising any of the other rights and remedies available granted hereunder. In the event any Rent due hereunder remains delinquent for a period in excess of thirty (30) days, Tenant shall pay to Landlord. Every installment of Fixed Monthly Rent and Additional Rent and any other payment due hereunder from Tenant to Landlord which is not paid within twelve (12) days after the same becomes due and payable shall, in addition to any Late Charge already paid by Tenantthe late payment, bear interest from and after said date at the rate of ten twelve percent (1012%) per annum from (the date that the same originally became due and payable "Interest Rate") until the date it is paidpaid in full. Landlord shall xxxx Tenant for said interest, and Tenant shall pay the same within five (5) days Payment of receipt of Landlord’s billing. Notwithstanding the foregoing, Tenant such interest shall not be assessed excuse or cure any late charge for the first late payment in each twenty-four (24) month period of the Term so long as Tenant pays such amount within five (5) days of default by Tenant’s receipt of notice that such amount has not been paid.

Appears in 1 contract

Samples: Lease Agreement (Emcon)

Late Charge and Interest. Tenant acknowledges that late payment by Tenant to Landlord of Fixed Monthly Rent or Additional Rent under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which are is extremely difficult and or impracticable to fixdetermine. Such costs include, without limitationbut are not limited to, processing and accounting charges and charges, late charges that may be imposed on Landlord by the terms of any encumbrance Security Instrument, and note secured by late charges and penalties that may be imposed due to late payment of any encumbrance covering the PremisesAdditional Rent. Therefore, if any installment of Fixed Base Monthly Rent or any payment of Additional Rent and or other payment rent due from Tenant hereunder is not received by Landlord within five in good funds by ten (510) days of from the date it becomes dueapplicable due date, Tenant shall pay to Landlord on demand an additional sum equal to five percent (5%) of the amount overdue amount as a late charge. The parties agree acknowledge that this late charge represents a fair and reasonable settlement against estimate of the costs that Landlord will incur by reason of late payment by Tenant’s late payment. Acceptance of any In no event shall this provision for a late charge shall not constitute be deemed to grant to Tenant a waiver grace period or extension of Tenant’s default with respect time within which to the overdue amount, pay any rent or prevent Landlord from exercising any of the other rights and remedies right or remedy available to Landlord. Every installment Landlord upon Tenant’s failure to pay any rent due under this Lease in a timely fashion, including any right to terminate this Lease pursuant to Section 13.2C. If any rent remains delinquent for a period in excess of Fixed Monthly Rent and Additional Rent and any other payment due hereunder from Tenant to Landlord which is not paid within twelve thirty (1230) days after the same becomes due and payable shallthen, in addition to any Late Charge already paid by Tenantsuch late charge, bear interest at the rate of ten percent (10%) per annum from the date that the same originally became due and payable until the date it is paid. Landlord shall xxxx Tenant for said interest, and Tenant shall pay to Landlord interest on any rent that is not paid when due at the same within five (5) days of receipt of Landlord’s billing. Notwithstanding Agreed Interest Rate following the foregoing, Tenant shall not be assessed any late charge for the first late payment in each twenty-four (24) month period of the Term so long as Tenant pays date such amount within five (5) days of Tenant’s receipt of notice that such amount has not been became due until paid.

Appears in 1 contract

Samples: Gross Lease (Alphasmart Inc)

Late Charge and Interest. Tenant acknowledges that late payment by Tenant to Landlord of Fixed Monthly Rent or Additional Rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which are extremely difficult and impracticable to fix. Such costs include, without limitation, processing and accounting charges and late charges that may be imposed on Landlord by the terms of any encumbrance and note secured by any encumbrance covering the Premises. Therefore, if any installment of Fixed Monthly Rent or Additional Rent and other payment due from Tenant hereunder is not received by Landlord within five seven (57) business days of the date it becomes due, Tenant shall pay to Landlord on demand an additional sum equal to five percent (5%) of the overdue amount as a late charge. The parties agree that this late charge represents a fair and reasonable settlement against the costs that Landlord will incur by reason of Tenant’s late payment. Acceptance of any late charge shall not constitute a waiver of Tenant’s default with respect to the overdue amount, or prevent Landlord from exercising any of the other rights and remedies available to Landlord. Every installment of Fixed Monthly Rent and Additional Rent and any other payment due hereunder from Tenant to Landlord which is not paid within twelve (12) business days after the same becomes due and payable shall, in addition to any Late Charge already paid by Tenant, bear interest at the rate of ten percent (10%) per annum from the date that the same originally became due and payable until the date it is paid. Landlord shall xxxx bxxx Tenant for said interest, and Tenant shall pay the same within five (5) days of receipt of Landlord’s billing. Notwithstanding the foregoing, Tenant shall not be assessed any late charge for the first late payment in each twenty-four (24) month period of the Term so long as Tenant pays such amount within five (5) days of Tenant’s receipt of notice that such amount has not been paid.

Appears in 1 contract

Samples: Office Lease (Ritter Pharmaceuticals Inc)

Late Charge and Interest. Tenant acknowledges that late payment by Tenant to Landlord of Fixed Monthly Rent or Additional Rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which are extremely difficult and impracticable to fix. Such costs include, without limitation, processing and accounting charges and late charges that may be imposed on Landlord by the terms of any encumbrance and note secured by any encumbrance covering the Premises. Therefore, if any installment of Fixed Monthly Rent or Additional Rent and other payment due from Tenant hereunder is not received by Landlord within five (5) days of the date it becomes dueon which Landlord delivers notice to Tenant that such amount is past due , Tenant shall pay to Landlord on demand an additional sum equal to five percent (5%) of the overdue amount as a late charge; provided however, Landlord shall not be required to deliver such notice more than one (1) time in any twelve (12) month period (i.e. - the five percent (5%) late charge shall apply to any subsequent failure during such twelve (12) month period to pay an amount within five (5) days of the date due, without the requirement of additional notice to Tenant). The parties agree that this late charge represents a fair and reasonable settlement against the costs that Landlord will incur by reason of Tenant’s 's late payment. Acceptance of any late charge shall not constitute a waiver of Tenant’s 's default with respect to the overdue amount, or prevent Landlord from exercising any of the other rights and remedies available to Landlord. Every installment of Fixed Monthly Rent and Additional Rent and any other payment due hereunder from Tenant to Landlord which is not paid within twelve (12) days after the same becomes due and payable shall, in addition to any Late Charge already paid by Tenant, bear interest at the rate of ten percent (10%) per annum from the date that the same originally became due and payable until the date it is paid. Landlord shall xxxx Tenant bill Xxxant for said interest, and Tenant shall pay the same within five (5) days of receipt of Landlord’s 's billing. Notwithstanding the foregoing, Tenant shall not be assessed any late charge for the first late payment in each twenty-four (24) month period of the Term so long as Tenant pays such amount within five (5) days of Tenant’s receipt of notice that such amount has not been paid.

Appears in 1 contract

Samples: Office Lease (Harvey Entertainment Co)

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