Common use of Late Charge Clause in Contracts

Late Charge. Notwithstanding any other provision of this Lease, Tenant hereby acknowledges that late payment to Landlord of Rent or other amounts due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. If any Rent or other sums due from Tenant are not received by Landlord or by Landlord's designated agent within five (5) days after the date such Rent or other sum is due, then Tenant shall pay to Landlord a late charge equal to five percent (5%) of such overdue amount, plus any attorneys' fees incurred by Landlord by reason of Tenant's failure to pay Rent and/or other charges when due hereunder. Landlord and Tenant hereby agree that such late charges represent a fair and reasonable estimate of the cost that Landlord will incur by reason of Tenant's late payment. Landlord's acceptance of such late charges shall not constitute a waiver of Tenant's default with respect to such overdue amount or estop Landlord from exercising any of the other rights and remedies granted under this Lease. Notwithstanding the foregoing, before assessing a late charge the first time in any twelve (12) month period, Landlord shall provide Tenant written notice of the Rent or other amount due, and shall waive such late charge if Tenant pays such Rent or other amount due within five (5) days thereafter. Initials: Landlord /s/ GC Tenant /s/ ER

Appears in 2 contracts

Samples: Lease Agreement (Silk Road Medical Inc), Lease Agreement (Silk Road Medical Inc)

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Late Charge. Notwithstanding any other provision of this Lease, Tenant hereby acknowledges that late payment to Landlord of Base Rent or other amounts due hereunder additional rent will cause Landlord to incur administrative costs and loss of investment income not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. If any Base Rent or other sums additional rent due from Tenant are is not received by Landlord or by Landlord's ’s designated agent within five (5) business days after the date such Rent or other sum is due, then Tenant shall pay to Landlord a late charge equal to five percent (5%) of such overdue amount, plus any reasonable attorneys' fees and costs incurred by Landlord by reason of Tenant's ’s failure to pay Rent and/or and other charges when due hereunder; provided, however, Landlord agrees to waive the first (1st) such late charge arising during any such year during the Term, up to a maximum of three (3) such waivers during the Term, provided that Landlord receives such overdue Base Rent, additional rent, or other sum within five (5) business days after the date Landlord provides Tenant with a written notice that such payment of Base Rent, additional rent or other charges is overdue. Landlord and Tenant The parties hereby agree that such late charges represent a fair and reasonable estimate of the administrative cost that Landlord will incur by reason of Tenant's ’s late payment. Landlord's ’s acceptance of such late charges shall not constitute a waiver of Tenant's ’s default with respect to such overdue amount or estop Landlord from exercising any of the other rights and remedies granted under this Lease. Notwithstanding the foregoing, before assessing a late charge the first time in any twelve (12) month period, Landlord shall provide Tenant written notice of the Rent or other amount due, and shall waive such late charge if Tenant pays such Rent or other amount due within five (5) days thereafter. Initials: Landlord /s/ GC Tenant /s/ ERhereunder.

Appears in 2 contracts

Samples: Lease (Wave2Wave Communications, Inc.), Lease (Wave2Wave Communications, Inc.)

Late Charge. Notwithstanding any other provision of this Lease, Tenant hereby acknowledges that late payment to Landlord of Rent Rent, or other amounts due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. If any Rent or other sums due from Tenant are not received by Landlord or by Landlord's designated agent within five (5) days after the date such Rent or other sum is duetheir due date, then Tenant shall pay to Landlord a late charge equal to five percent (5%) of such overdue amount, plus any costs and attorneys' fees incurred by Landlord by reason of Tenant's failure to pay Rent and/or other charges when due hereunder. Landlord and Tenant hereby agree that such late charges represent a fair and reasonable estimate of the cost that Landlord will incur by reason of Tenant's late paymentpayment and shall not be construed as a penalty. Landlord's acceptance of such late charges shall not constitute a waiver of Tenant's default with respect to such overdue amount or estop Landlord from exercising any of the other rights and remedies granted under this Lease. Notwithstanding the foregoing, before assessing a late charge the first time in any twelve (12) month period, Landlord shall provide Tenant written notice of the Rent or other amount due, and shall waive such late charge if Tenant pays such Rent or other amount due within five (5) days thereafter. Initials: Landlord /s/ GC Tenant /s/ ER.

Appears in 2 contracts

Samples: Lease Agreement (Stanford Microdevices Inc), Lease Agreement (Finisar Corp)

Late Charge. Notwithstanding any other provision of this Lease, Tenant hereby acknowledges that late payment to Landlord of Rent or other amounts due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. If any Rent or other sums due from Tenant are not received by Landlord or by Landlord's ’s designated agent within five (5) days after the date such Rent or other sum is due, then Tenant shall pay to Landlord a late charge equal to five six percent (56%) of such overdue amount, plus any attorneys' fees incurred by Landlord by reason of Tenant's ’s failure to pay Rent and/or other charges when due hereunder. Landlord and Tenant hereby agree that such late charges represent a fair and reasonable estimate of the cost that Landlord will incur by reason of Tenant's ’s late payment. Landlord's ’s acceptance of such late charges shall not constitute a waiver of Tenant's ’s default with respect to such overdue amount or estop Landlord from exercising any of the other rights and remedies granted under this Lease. Notwithstanding the foregoing, before assessing Landlord will not assess a late charge against Tenant for the first time late payment in any twelve (12) month period, period so long as Tenant pays the Rent due within three (3) days after written notice from Landlord that such Rent is past due. Landlord shall not be required to provide any further notices to Tenant written notice of during the Rent or other amount due, and shall waive such following twelve (12) months for a late charge if Tenant pays such Rent or other amount due within five (5) days thereafterto be incurred. Initials: Landlord /s/ GC Tenant /s/ ERSD

Appears in 2 contracts

Samples: Lease Agreement (Aerohive Networks, Inc), Lease Agreement (Aerohive Networks, Inc)

Late Charge. Notwithstanding any other provision of this LeaseLease to the contrary, Tenant hereby acknowledges that late payment to Landlord of Rent Rent, or other amounts due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. If any Rent or other sums due from Tenant are not received by Landlord or by Landlord's ’s designated agent within five (5) business days after the date such Rent or other sum is duetheir due date, then Tenant shall pay to Landlord a late charge equal to five ten percent (510%) of such overdue amount, plus any costs and attorneys' fees incurred by Landlord by reason of Tenant's ’s failure to pay Rent and/or other charges when due hereunder. Landlord and Tenant hereby agree that such late charges represent a fair and reasonable estimate of the cost that Landlord will incur by reason of Tenant's ’s late paymentpayment and shall not be construed as a penalty. Landlord's ’s acceptance of such late charges shall not constitute a waiver of Tenant's ’s default with respect to such overdue amount or estop Landlord from exercising any of the other rights and remedies granted under this Lease. Notwithstanding the foregoing, before assessing a late charge the first time in any twelve (12) month period, Landlord shall provide Tenant written notice of the Rent or other amount due, and shall waive such late charge if Tenant pays such Rent or other amount due within five (5) days thereafter. Initials: Landlord /s/ GC Tenant /s/ ERTenant

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement (Corsair Components, Inc.)

Late Charge. Notwithstanding any other provision of this Lease, Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent or and other amounts due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. If Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any loan secured by the Building. Accordingly, if any installment of Rent or any other sums due from Tenant are shall not be received by Landlord or by Landlord's designated agent within five (5) days after following the date such Rent or other sum is duedue date, then Tenant shall pay to Landlord a late charge equal to five ten percent (510%) of such overdue amount; provided, plus any attorneys' fees incurred by Landlord by reason of Tenant's failure however, Tenant shall not be obligated to pay Rent and/or other charges when due hereundersuch late charge for the first (1st) late payment m any twelve (12) month period in the Lease Term. Landlord and Tenant The parties hereby agree that such late charges represent charge represents a fair and reasonable estimate of the cost that costs Landlord will incur by reason of late payment by Tenant's late payment. Landlord's acceptance Acceptance of such late charges charge by Landlord shall not in no event constitute a waiver of Tenant's ’s default with respect to such overdue amount or estop amount, nor prevent Landlord from exercising any of the other rights and remedies granted under this Lease. Notwithstanding the foregoing, before assessing a late charge the first time in any twelve (12) month period, Landlord shall provide Tenant written notice of the Rent or other amount due, and shall waive such late charge if Tenant pays such Rent or other amount due within five (5) days thereafter. Initials: Landlord /s/ GC Tenant /s/ ERhereunder.

Appears in 2 contracts

Samples: Lease (LENSAR, Inc.), Lease (LENSAR, Inc.)

Late Charge. Notwithstanding any other provision Late payment of this Lease, Tenant hereby acknowledges that late payment to Landlord of Base Rent or other amounts due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. If any Base Rent or other sums due from Tenant are not received by Landlord or by Landlord's ’s designated agent within five (5) days after the date such Rent or other sum is duetheir due date, then Tenant shall pay to Landlord a late charge equal to five percent (5%) of such overdue amount, plus any costs and attorneys' fees incurred by Landlord by reason of Tenant's ’s failure to pay Base Rent and/or other charges when due hereunder. Landlord and Tenant hereby agree that such late charges represent a fair and reasonable estimate of the cost that Landlord will incur by reason of Tenant's ’s late paymentpayment and shall not be construed as a penalty. Landlord's ’s acceptance of such late charges shall not constitute a waiver of Tenant's ’s default with respect to such overdue amount or estop Landlord from exercising any of the other rights and remedies granted under this Lease. Notwithstanding anything to the foregoingcontrary contained in this Lease, before assessing a Landlord agrees that it shall not charge Tenant any late charge or interest on the first time in late payment of Rent during any twelve (12) month periodperiod during the Term, provided that Landlord shall provide Tenant written notice of the Rent or other amount due, and shall waive receives such late charge if Tenant pays such Rent or other amount due overdue payment within five (5) business days thereafter. Initials: after Landlord /s/ GC gives Tenant /s/ ERwritten notice that such payment is overdue.

Appears in 2 contracts

Samples: Lease Agreement (10x Genomics, Inc.), Lease Agreement (10X Genomics, Inc.)

Late Charge. Notwithstanding any other provision of this Lease, Tenant hereby acknowledges that late payment to Landlord of Rent Rent, or other amounts due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. If any Rent or other sums due from Tenant are not received by Landlord or by Landlord's designated agent within five three (53) days after the date such Rent or other sum is duetheir due date, then Tenant shall pay to Landlord a late charge equal to five seven percent (57%) of such overdue amount, plus any costs and attorneys' fees incurred by Landlord by reason of Tenant's failure to pay Rent and/or other charges when due hereunder. Landlord and Tenant hereby agree that such late charges represent a fair and reasonable estimate of the cost that Landlord will incur by reason of Tenant's late paymentpayment and shall not be construed as a penalty. Landlord's acceptance of such late charges shall not constitute a waiver of Tenant's default with respect to such overdue amount or estop Landlord from exercising any of the other rights and remedies granted under this Lease. Notwithstanding the foregoing, before assessing a late charge the first time in any twelve (12) month period, Landlord shall provide Tenant written notice of the Rent or other amount due, and shall waive such late charge if Tenant pays such Rent or other amount due within five (5) days thereafter. Initials: Landlord /s/ GC Tenant /s/ ER.

Appears in 1 contract

Samples: Lease Agreement (Affymetrix Inc)

Late Charge. Notwithstanding any other provision of this Lease, Tenant hereby acknowledges that late payment to Landlord of Rent Rent, or other amounts due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. If any Rent or other sums due from Tenant are not received by Landlord or by Landlord's designated agent within five three (53) days after the date such Rent or other sum is duetheir due date, then Tenant shall pay to Landlord a late charge equal to five ten percent (510%) of such overdue amount, plus any costs and reasonable attorneys' fees incurred by Landlord by reason of Tenant's failure to pay Rent and/or other charges when due hereunder. Landlord and Tenant hereby agree that such late charges represent a fair and reasonable estimate of the cost that Landlord will incur by reason of Tenant's late paymentpayment and shall not be construed as a penalty. Landlord's acceptance of such late charges shall not constitute a waiver of Tenant's default with respect to such overdue amount or estop Landlord from exercising any of the other rights and remedies granted under this Lease. Notwithstanding the foregoing, before assessing a late charge the first time in any twelve (12) month period, Landlord shall provide Tenant written notice of the Rent or other amount due, and shall waive such late charge if Tenant pays such Rent or other amount due within five (5) days thereafter. Initials: Landlord /s/ GC CDS Tenant /s/ ERJay ------ ------

Appears in 1 contract

Samples: Lease Agreement (Vixel Corp)

Late Charge. Notwithstanding any other provision of this Lease, Tenant hereby acknowledges that late payment to Landlord of Rent Rent, or other amounts due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. If any Rent or other sums due from Tenant are not received by Landlord or by Landlord's ’s designated agent within five (5) days after the date such Rent or other sum is duetheir due date, then Tenant shall pay to Landlord a late charge equal to five percent (5%) of such overdue amount, plus any costs and attorneys' fees incurred by Landlord by reason of Tenant's ’s failure to pay Rent and/or other charges when due hereunder. Landlord and Tenant hereby agree that such late charges represent a fair and reasonable estimate of the cost that Landlord will incur by reason of Tenant's ’s late paymentpayment and shall not be construed as a penalty. Landlord's ’s acceptance of such late charges shall not constitute a waiver of Tenant's ’s default with respect to such overdue amount or estop Landlord from exercising any of the other rights and remedies granted under this Lease. Notwithstanding the foregoing, before assessing a late charge the first time in any twelve (12) month period, Landlord shall provide Tenant written notice of the Rent or other amount due, and shall waive such late charge if Tenant pays such Rent or other amount due within five (5) days thereafter. Initials: CDS JAC. Landlord /s/ GC Tenant /s/ ERTenant

Appears in 1 contract

Samples: Lease Agreement (Copper Mountain Networks Inc)

Late Charge. Notwithstanding any other provision of this Lease, Tenant hereby acknowledges that late payment to Landlord of Rent or other amounts due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. If any Rent or other sums due from Tenant are is not received by Landlord or by Landlord's ’s designated agent within five (5) days after the date such Rent or other sum is due, then Tenant shall pay to Landlord a late charge equal to five six percent (56%) of such overdue amount, plus any attorneys' fees incurred by Landlord by reason of Tenant's ’s failure to pay Rent and/or other charges when due hereunder. Landlord and Tenant hereby agree that such late charges represent a fair and reasonable estimate of the cost that Landlord will incur by reason of Tenant's ’s late payment. Landlord's ’s acceptance of such late charges shall not constitute a waiver of Tenant's ’s default with respect to such overdue amount or estop Landlord from exercising any of the other rights and remedies granted under this Lease. Notwithstanding the foregoing, before assessing a late charge the first time in any twelve (12) month period, Landlord shall provide Tenant written notice of the Rent or other amount due, and shall waive such late charge if Tenant pays such Rent or other amount due within five (5) days thereafter. Initials: Landlord /s/ GC HC Tenant /s/ ERDM

Appears in 1 contract

Samples: Lease Agreement (Silicon Graphics Inc)

Late Charge. Notwithstanding any other provision of this Lease, Tenant hereby acknowledges that late payment to Landlord of Rent Rent, or other amounts due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. If any Rent or other sums due from Tenant are not received by Landlord or by Landlord's designated agent within five ten (510) days after the date such Rent or other sum is duetheir due date, then Tenant shall pay to Landlord a late charge equal to five percent (5%) of such overdue amount, plus any attorneys' , fees incurred by Landlord by reason of Tenant's failure to pay Rent and/or other charges when due hereunder. Landlord and Tenant hereby agree that such late charges represent a fair and reasonable estimate of the cost that Landlord will incur by reason of Tenant's late payment. Landlord's acceptance of such late charges shall not constitute a waiver of Tenant's default with respect to such overdue amount or estop Landlord from exercising any of the other rights and remedies granted under this Lease. Notwithstanding the foregoing, before assessing a late charge the first time in any twelve (12) month period, Landlord shall provide Tenant written notice of the Rent or other amount due, and shall waive such late charge if Tenant pays such Rent or other amount due within five (5) days thereafter. Initials: Landlord /s/ GC JEG Tenant /s/ ERCJW -------------- -------------

Appears in 1 contract

Samples: Lease Agreement (Hybrid Networks Inc)

Late Charge. Notwithstanding any other provision of this Lease, Tenant hereby acknowledges that late payment to Landlord of Rent or additional rent or other amounts sums due hereunder will cause Landlord to incur administrative costs and loss of investment income not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. If any Rent Rent, additional rent or other sums sum due from Tenant are is not received by Landlord or by Landlord's designated agent within five ten (510) days after the date such Rent or other sum is due, then Tenant shall pay to Landlord a late charge equal to five percent (5%) of such overdue amount, plus any attorneys' attorney's fees and costs incurred by Landlord by reason of Tenant's failure to pay Rent and/or and other charges when due hereunder; provided, however, no late charge shall apply for the first late payment due and made hereunder by Tenant within ten (10) days of Landlord's notice of such lateness. Landlord and Tenant The parties hereby agree that such late charges represent a fair and reasonable estimate of the administrative cost that Landlord will incur by reason of Tenant's late payment. Landlord's acceptance of such late charges shall not constitute a waiver of Tenant's default with respect to such overdue amount or estop Landlord from exercising any of the other rights and remedies granted under this Lease. Notwithstanding the foregoing, before assessing a late charge the first time in any twelve (12) month period, Landlord shall provide Tenant written notice of the Rent or other amount due, and shall waive such late charge if Tenant pays such Rent or other amount due within five (5) days thereafter. Initials: Landlord /s/ GC Tenant /s/ ERhereunder.

Appears in 1 contract

Samples: Lease (Axiom Inc)

Late Charge. Notwithstanding any other provision of this Lease, Tenant hereby acknowledges that late payment to Landlord of Rent Rent, or other amounts due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. If any Rent or other sums due from Tenant are not received by Landlord or by Landlord's designated agent within five ten (510) days after the date such Rent or other sum is duetheir due date, then Tenant shall pay to Landlord a late charge equal to five ten percent (510%) of such overdue amount, plus any attorneys' fees incurred by Landlord by reason of Tenant's failure to pay Rent and/or other charges when due hereunder. Landlord and Tenant hereby agree that such late charges represent a fair and reasonable estimate of the cost that Landlord will incur by reason of Tenant's late payment. Landlord's acceptance of such late charges shall not constitute a waiver of Tenant's default with respect to such overdue amount or estop Landlord from exercising any of the other rights and remedies granted under this Lease. Notwithstanding the foregoing, before assessing a late charge the first time in any twelve (12) month period, Landlord shall provide Tenant written notice of the Rent or other amount due, and shall waive such late charge if Tenant pays such Rent or other amount due within five (5) days thereafter. Initials: Landlord /s/ GC ________ Tenant /s/ ER__________

Appears in 1 contract

Samples: Lease Agreement (PLX Technology Inc)

Late Charge. Notwithstanding any other provision of this Lease, Tenant hereby acknowledges that late payment to Landlord of Rent Rent, or other amounts due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. If any Rent or other sums due from Tenant are not received by Landlord or by Landlord's designated agent within five (5) days after the date such Rent or other sum is duetheir due date, then Tenant shall pay to Landlord a late charge equal to five percent (5%) of such overdue amount, plus any costs and attorneys' fees incurred by Landlord by reason of Tenant's failure to pay Rent and/or other charges when due hereunder. Landlord and Tenant hereby agree that such late charges represent a fair and reasonable estimate of the cost that Landlord will incur by reason of Tenant's late paymentpayment and shall not be construed as a penalty. Landlord's acceptance of such late charges shall not constitute a waiver of Tenant's default with respect to such overdue amount or estop Landlord from exercising any of the other rights and remedies granted under this Lease. Notwithstanding the foregoing, before assessing a late charge the first time in any twelve (12) month period, Landlord shall provide Tenant written notice of the Rent or other amount due, and shall waive such late charge if Tenant pays such Rent or other amount due within five (5) days thereafter. Initials: Landlord /s/ GC Tenant /s/ ER:

Appears in 1 contract

Samples: Lease Agreement (Cepheid)

Late Charge. Notwithstanding any other provision of this Lease, Tenant hereby acknowledges that late payment to Landlord of Rent Rent, or other amounts due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. If any Rent or other sums due from Tenant are not received by Landlord or by Landlord's ’s designated agent within five three (53) days after the date such Rent or other sum is duetheir due date, then Tenant shall pay to Landlord a late charge equal to five ten percent (510%) of such overdue amount, plus any costs and attorneys' fees incurred by Landlord by reason of Tenant's ’s failure to pay Rent and/or other charges when due hereunder. Landlord and Tenant hereby agree that such late charges represent a fair and reasonable estimate of the cost that Landlord will incur by reason of Tenant's ’s late paymentpayment and shall not be construed as a penalty. Landlord's ’s acceptance of such late charges shall not constitute a waiver of Tenant's ’s default with respect to such overdue amount or estop Landlord from exercising any of the other rights and remedies granted under this Lease. Notwithstanding the foregoing, before assessing a late charge the first time in any twelve (12) month period, Landlord shall provide Tenant written notice of the Rent or other amount due, and shall waive such late charge if Tenant pays such Rent or other amount due within five (5) days thereafter. Initials: Landlord /s/ GC CDS Tenant /s/ ERJM

Appears in 1 contract

Samples: Lease Agreement (Financial Engines, Inc.)

Late Charge. Notwithstanding any other provision of this Lease, Tenant hereby acknowledges that late payment to Landlord of Rent Rent, or other amounts due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. If any Rent or other sums due from Tenant are not received by Landlord or by Landlord's designated agent within five (5) days after the date such Rent or other sum is duetheir due date, then Tenant shall pay to Landlord a late charge equal to five six percent (56%) of such overdue amount, plus any costs and attorneys' fees incurred by Landlord by reason of Tenant's failure to pay Rent and/or other charges when due hereunder. Landlord and Tenant hereby agree that such late charges represent a fair and reasonable estimate of the cost that Landlord will incur by reason of Tenant's late paymentpayment and shall not be construed as a penalty. Landlord's acceptance of such late charges shall not constitute a waiver of Tenant's default with respect to such overdue amount or estop Landlord from exercising any of the other rights and remedies granted under this Lease. Notwithstanding the foregoing, before assessing a late charge the first time in any twelve (12) month period, Landlord shall provide Tenant written notice of the Rent or other amount due, and shall waive such late charge if Tenant pays such Rent or other amount due within five (5) days thereafter. Initials: /s/ Landlord /s/ GC Tenant /s/ ERTenant

Appears in 1 contract

Samples: Lease Agreement (Paypal Inc)

Late Charge. Notwithstanding any other provision of this Lease, Tenant hereby acknowledges that late payment to Landlord of Rent Rent, or other amounts due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. If any Rent or other sums due from Tenant are not received by Landlord or by Landlord's ’s designated agent within five (5) days after the date such Rent or other sum is duetheir due date, then Tenant shall pay to Landlord a late charge equal to five percent (5%) of such overdue amount, plus any costs and attorneys' fees incurred by Landlord by reason of Tenant's ’s failure to pay Rent and/or other charges when due hereunder. Landlord and Tenant hereby agree that such late charges represent a fair and reasonable estimate of the cost that Landlord will incur by reason of Tenant's ’s late paymentpayment and shall not be construed as a penalty. Landlord's ’s acceptance of such late charges shall not constitute a waiver of Tenant's ’s default with respect to such overdue amount or estop Landlord from exercising any of the other rights and remedies granted under this Lease. Notwithstanding the foregoing, before assessing a late charge the first time in any twelve (12) month period, Landlord shall provide Tenant written notice of the Rent or other amount due, and shall waive such late charge if Tenant pays such Rent or other amount due within five (5) days thereafter. Initials: CDS Landlord /s/ GC Tenant /s/ ERJM Tenant

Appears in 1 contract

Samples: Lease Agreement (Financial Engines, Inc.)

Late Charge. Notwithstanding any other provision of this Lease, Tenant hereby acknowledges that late payment to Landlord of Rent Rent, or other amounts due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. If any Rent or other sums due from Tenant are not received by Landlord or by Landlord's designated agent within five ten (510) days after the date such Rent or other sum is duetheir due date, then Tenant shall pay to Landlord a late charge equal to five six percent (56%) of such overdue amount, plus any attorneys' fees incurred by Landlord by reason of Tenant's failure to pay Rent and/or other charges when due hereunder. Landlord and Tenant hereby agree that such late charges represent a fair and reasonable estimate of the cost that Landlord will incur by reason of Tenant's late payment. Landlord's acceptance of such late charges shall not constitute a waiver of Tenant's default with respect to such overdue amount or estop Landlord from exercising any of the other rights and remedies granted under this Lease. Notwithstanding the foregoing, before assessing a late charge the first time in any twelve (12) month period, Landlord shall provide Tenant written notice of the Rent or other amount due, and shall waive such late charge if Tenant pays such Rent or other amount due within five (5) days thereafter. Initials: Landlord /s/ GC _________ Tenant /s/ ER_________

Appears in 1 contract

Samples: Lease Agreement (MMC Networks Inc)

Late Charge. Notwithstanding any other provision of this Lease, Tenant hereby acknowledges that late payment to Landlord of Rent Rent, or other amounts due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. If any Rent or other sums due from Tenant are not received by Landlord or by Landlord's ’s designated agent within five (5) days after the date such Rent or other sum is duetheir due date, then Tenant shall pay to Landlord a late charge equal to five percent (5%) of such overdue amount, plus any costs and attorneys' fees incurred by Landlord by reason of Tenant's ’s failure to pay Rent and/or other charges when due hereunder; provided, however, that Tenant shall be entitled to no more than three (3) notices of late payment and a five (5) day cure period during the Term (not more than once in any twelve month period) before any such late charge accrues. Landlord and Tenant hereby agree that such late charges represent a fair and reasonable estimate of the cost that Landlord will incur by reason of Tenant's ’s late paymentpayment and shall not be construed as a penalty. Landlord's ’s acceptance of such late charges shall not constitute a waiver of Tenant's ’s default with respect to such overdue amount or estop Landlord from exercising any of the other rights and remedies granted under this Lease. Notwithstanding the foregoing, before assessing a late charge the first time in any twelve (12) month period, Landlord shall provide Tenant written notice of the Rent or other amount due, and shall waive such late charge if Tenant pays such Rent or other amount due within five (5) days thereafter. Initials: Landlord /s/ GC Tenant /s/ ERTenant

Appears in 1 contract

Samples: Lease Agreement (NovaRay Medical, Inc.)

Late Charge. Notwithstanding any other provision Late payment of this Lease, Tenant hereby acknowledges that late payment to Landlord of Base Rent or other amounts due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. If any Base Rent or other sums due from Tenant are not received by Landlord or by Landlord's ’s designated agent within five (5) days after the date such Rent or other sum is duetheir due date, then Tenant shall pay to Landlord a late charge equal to five percent (5%) of such overdue amount, plus any costs and attorneys' fees incurred by Landlord by reason of Tenant's ’s failure to pay Base Rent and/or other charges when due hereunder. Landlord and Tenant hereby agree that such late charges represent a fair and reasonable estimate of the cost that Landlord will incur by reason of Tenant's ’s late paymentpayment and shall not be construed as a penalty. Landlord's ’s acceptance of such late charges shall not constitute a waiver of Tenant's ’s default with respect to such overdue amount or estop Landlord from exercising any of the other rights and remedies granted under this Lease. Notwithstanding anything to the foregoingcontrary contained in this Lease, before assessing a Landlord agrees that it shall not charge Tenant any late charge or interest on the first time late payment of Rent in any twelve (12) month periodcalendar year during the Term, provided that Landlord shall provide Tenant written notice of the Rent or other amount due, and shall waive receives such late charge if Tenant pays such Rent or other amount due overdue payment within five (5) business days thereafter. Initials: after Landlord /s/ GC gives Tenant /s/ ERwritten notice that such payment is overdue.

Appears in 1 contract

Samples: Lease Agreement (Blackhawk Network Holdings, Inc)

Late Charge. Notwithstanding any other provision of this Lease, Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent rent or other amounts sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. If Such costs include, but are not limited to, processing and accounting charges, loss of use of the money due, and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Basic Rent, Additional Rent (as hereinafter defined), or any other sums sum due from Tenant are shall not be received by Landlord or by Landlord's designated agent designee within five ten (510) days after the date such Rent or other sum is amount shall be due, then Tenant shall pay to Landlord a late charge equal to five percent (5%) of such overdue amount, plus any attorneys' fees incurred by Landlord by reason of Tenant's failure to pay Rent and/or other charges when due hereunder. Landlord and Tenant The parties hereby agree that such late charges represent charge represents a fair and reasonable estimate of the cost that costs Landlord will incur by reason of late payment by Tenant's late payment. Landlord's acceptance Acceptance of such late charges charge by Landlord shall not in no event constitute a waiver of Tenant's default with respect to such overdue amount or estop amount, nor prevent Landlord from exercising any of the other rights and remedies granted under this Lease. Notwithstanding the foregoing, before assessing a late charge the first time in any twelve (12) month period, Landlord shall provide Tenant written notice of the Rent or other amount due, and shall waive such late charge if Tenant pays such Rent or other amount due within five (5) days thereafter. Initials: Landlord /s/ GC Tenant /s/ ERhereunder.

Appears in 1 contract

Samples: Lease Agreement (Ilog Sa)

Late Charge. Notwithstanding any other provision of this LeaseLease to the contrary, Tenant hereby acknowledges that late payment to Landlord of Rent Rent, or other amounts due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. If any Rent or other sums due from Tenant are not received by Landlord or by Landlord's ’s designated agent within five (5) days after the date such Rent or other sum is duetheir due date, then Tenant shall pay to Landlord a late charge equal to five percent (5%) of such overdue amount, plus any costs and attorneys' fees incurred by Landlord by reason of Tenant's ’s failure to pay Rent and/or other charges when due hereunder. Landlord and Tenant hereby agree that such late charges represent a fair and reasonable estimate of the cost that Landlord will incur by reason of Tenant's ’s late paymentpayment and shall not be construed as a penalty. Landlord's ’s acceptance of such late charges shall not constitute a waiver of Tenant's ’s default with respect to such overdue amount or estop stop Landlord from exercising any of the other rights and remedies granted under this Lease. Notwithstanding the foregoing, before assessing a late charge the first time in any twelve (12) month period, Landlord shall provide Tenant written notice of the Rent or other amount due, and shall waive such late charge if Tenant pays such Rent or other amount due within five (5) days thereafter. Initials: Landlord /s/ GC Tenant /s/ ER.

Appears in 1 contract

Samples: Office Lease Agreement (Arrowhead Research Corp)

Late Charge. Notwithstanding any other provision of this Lease, Tenant hereby acknowledges that late Late payment to Landlord of Rent Rent, or other amounts due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. If any Rent or other sums due from Tenant are not received by Landlord or by Landlord's ’s designated agent within when due and such failure continues for five (5) days after the date such written notice from Landlord to Tenant, or if for a second or subsequent time in any calendar year Tenant fails to pay any Rent or other sum is when due, then Tenant shall pay to Landlord a late charge equal to five percent (5%) of such overdue amount, plus any costs and attorneys' fees incurred by Landlord by reason of Tenant's ’s failure to pay Rent and/or other charges when due hereunderdue. Landlord and Tenant hereby agree that such Such late charges represent a fair and reasonable estimate of the cost that Landlord will incur by reason of Tenant's ’s late paymentpayment and shall not be construed as a penalty. Landlord's ’s acceptance of such late charges shall not constitute a waiver of Tenant's ’s default with respect to such overdue amount or estop Landlord from exercising any of the other rights and remedies granted under this Lease. Notwithstanding the foregoing, before assessing a late charge the first time in any twelve (12) month period, Landlord shall provide Tenant written notice of the Rent or other amount due, and shall waive such late charge if Tenant pays such Rent or other amount due within five (5) days thereafter. Initials: Landlord /s/ GC Tenant /s/ ER.

Appears in 1 contract

Samples: Lease Agreement (Trident Microsystems Inc)

Late Charge. Notwithstanding any other provision of this Lease, Tenant hereby acknowledges that late payment to Landlord of Rent Rent, or other amounts due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. If any Rent or other sums due from Tenant are not received by Landlord or by Landlord's designated agent within five (5) days after the date such Rent or other sum is when due, then Tenant shall pay to Landlord a late charge equal to five ten percent (510%) of such overdue amountamount (the "Late Charge"), plus any costs and reasonable attorneys' fees incurred by Landlord by reason of Tenant's failure to pay Rent and/or other charges when due hereunder; provided however, Landlord hereby waives its right to collect the first two (2) Late Charges payable by Tenant hereunder during the Term. Landlord and Tenant hereby agree that such late charges represent a fair and reasonable estimate of the cost that Landlord will incur by reason of Tenant's late paymentpayment and shall not be construed as a penalty. Landlord's acceptance of such late charges shall not constitute a waiver of Tenant's default with respect to such overdue amount or estop Landlord from exercising any of the other rights and remedies granted under this Lease. Notwithstanding the foregoing, before assessing a late charge the first time in any twelve (12) month period, Landlord shall provide Tenant written notice of the Rent or other amount due, and shall waive such late charge if Tenant pays such Rent or other amount due within five (5) days thereafter. Initials: Landlord /s/ GC JCB Tenant /s/ ERWGH

Appears in 1 contract

Samples: Lease Agreement (Corgentech Inc)

Late Charge. Notwithstanding any other provision of this LeaseLease to the contrary, Tenant hereby acknowledges that late payment to Landlord of Rent Rent, or other amounts due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. If any Rent or other sums due from Tenant are not received by Landlord or by Landlord's designated agent within five ten (510) days after the date such Rent or other sum is duetheir due date, then Tenant shall pay to Landlord a late charge equal to five ten percent (510%) of such overdue amount, plus any costs and attorneys' fees incurred by Landlord by reason of Tenant's failure to pay Rent and/or other charges when due hereunder. Landlord and Tenant hereby agree that such late charges represent a fair and reasonable estimate of the cost that Landlord will incur by reason of Tenant's late paymentpayment and shall not be construed as a penalty. Landlord's acceptance of such late charges shall not constitute a waiver of Tenant's default with respect to such overdue amount or estop Landlord from exercising any of the other rights and remedies granted under this Lease. Notwithstanding the foregoing, before assessing a late charge the first time in any twelve (12) month period, Landlord shall provide Tenant written notice of the Rent or other amount due, and shall waive such late charge if Tenant pays such Rent or other amount due within five (5) days thereafter. Initials: Landlord /s/ GC _____ Tenant /s/ ER_____

Appears in 1 contract

Samples: Lease Agreement (Dicon Fiberoptics Inc)

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Late Charge. Notwithstanding any other provision of this Lease, Tenant hereby acknowledges that late payment to Landlord of Rent Rent, or other amounts due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. If any Rent or other sums due from Tenant are not received by Landlord or by Landlord's designated agent within five (5) days after the date such Rent or other sum is duetheir due date, then Tenant shall pay to Landlord a late charge equal to five ten percent (510%) of such overdue amount, plus any costs and attorneys' fees incurred by Landlord by reason of Tenant's failure to pay Rent and/or other charges when due hereunder. Landlord and Tenant hereby agree that such late charges represent a fair and reasonable estimate of the cost that Landlord will incur by reason of Tenant's late paymentpayment and shall not be construed as a penalty. Landlord's acceptance of such late charges shall not constitute a waiver of Tenant's default with respect to such overdue amount or estop Landlord from exercising any of the other rights and remedies granted under this Lease. Notwithstanding the foregoing, before assessing a late charge the first time in any twelve (12) month period, Landlord shall provide Tenant written notice of the Rent or other amount due, and shall waive such late charge if Tenant pays such Rent or other amount due within five (5) days thereafter. Initials: Landlord /s/ GC /s/C.S. Tenant /s/ ER/s/C.H. ------- -------

Appears in 1 contract

Samples: Lease Agreement (Arthrocare Corp)

Late Charge. Notwithstanding any other provision of this Lease, Tenant hereby acknowledges that late payment to Landlord of Rent Rent, or other amounts due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. If any Rent or other sums due from Tenant are not received by Landlord or by Landlord's ’s designated agent within five three (53) days after the date such Rent or other sum is duetheir due date, then Tenant shall pay to Landlord a late charge equal to five percent (5%) of such overdue amount, plus any costs and attorneys' fees incurred by Landlord by reason of Tenant's ’s failure to pay Rent and/or other charges when due hereunder; provided, however, that Tenant shall be entitled to one notice of late payment and a five (5) day cure period in each twelve (12) month period before any such late charge accrues. Landlord and Tenant hereby agree that such late charges represent a fair and reasonable estimate of the cost that Landlord will incur by reason of Tenant's ’s late paymentpayment and shall not be construed as a penalty. Landlord's ’s acceptance of such late charges shall not constitute a waiver of Tenant's ’s default with respect to such overdue amount or estop Landlord from exercising any of the other rights and remedies granted under this Lease. Notwithstanding the foregoing, before assessing a late charge the first time in any twelve (12) month period, Landlord shall provide Tenant written notice of the Rent or other amount due, and shall waive such late charge if Tenant pays such Rent or other amount due within five (5) days thereafter. InitialsINITIALS: Landlord /s/ GC Tenant /s/ ERTenant

Appears in 1 contract

Samples: Lease Agreement (Kyphon Inc)

Late Charge. Notwithstanding any other provision of this LeaseLease to the contrary, Tenant hereby acknowledges that late payment to Landlord of Rent Rent, or other amounts due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. If any Rent or other sums due from Tenant are not received by Landlord or by Landlord's ’s designated agent within five three (53) days after the date such Rent or other sum is duetheir due date, then Tenant shall pay to Landlord a late charge equal to five percent (5%) of such overdue amount, plus any costs and attorneys' fees incurred by Landlord by reason of Tenant's ’s failure to pay Rent and/or other charges when due hereunder; provided, however, that Tenant shall be entitled to one (1) notice of late payment and a five (5) day cure period in any twelve month period before any such late charge accrues. Landlord and Tenant hereby agree that such late charges represent a fair and reasonable estimate of the cost that Landlord will incur by reason of Tenant's ’s late paymentpayment and shall not be construed as a penalty. Landlord's ’s acceptance of such late charges shall not constitute a waiver of Tenant's ’s default with respect to such overdue amount or estop Landlord from exercising any of the other rights and remedies granted under this Lease. Notwithstanding the foregoing, before assessing a late charge the first time in any twelve (12) month period, Landlord shall provide Tenant written notice of the Rent or other amount due, and shall waive such late charge if Tenant pays such Rent or other amount due within five (5) days thereafter. Initials: Landlord /s/ GC Tenant /s/ ER.

Appears in 1 contract

Samples: Office Lease Agreement (Callidus Software Inc)

Late Charge. Notwithstanding any other provision of this LeaseLease to the contrary, Tenant hereby acknowledges that late payment to Landlord of Rent Rent, or other amounts due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. If any Rent or other sums due from Tenant are not received by Landlord or by Landlord's ’s designated agent within five (5) days after the date such Rent or other sum is duetheir due date, then Tenant shall pay to Landlord a late charge equal to five percent (5%) of such overdue amount, plus any costs and attorneys' fees incurred by Landlord by reason of Tenant's ’s failure to pay Rent and/or other charges when due hereunder. Landlord and Tenant hereby agree that such late charges represent a fair and reasonable estimate of the cost that Landlord will incur by reason of Tenant's ’s late paymentpayment and shall not be construed as a penalty. Landlord's ’s acceptance of such late charges shall not constitute a waiver of Tenant's ’s default with respect to such overdue amount or estop Landlord from exercising any of the other rights and remedies granted under this Lease. Notwithstanding the foregoing, before assessing a late charge the first time in any twelve (12) month period, Landlord shall provide Tenant written notice of the Rent or other amount due, and shall waive such late charge if Tenant pays such Rent or other amount due within five (5) days thereafter. Initials: Landlord /s/ GC BB Tenant /s/ ERRS

Appears in 1 contract

Samples: Lease Agreement (OMNICELL, Inc)

Late Charge. Notwithstanding any other provision of this Lease, Tenant hereby acknowledges that late payment to Landlord of Rent Rent, or other amounts due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. If any Rent or other sums due from Tenant are not received by Landlord or by Landlord's designated agent within five (5) days after the date such Rent or other sum is duetheir due date, then Tenant shall pay to Landlord a 18 late charge equal to five ten percent (510%) of such overdue amount, plus any costs and attorneys' fees incurred by Landlord by reason of Tenant's failure to pay Rent and/or other charges when due hereunder. Landlord and Tenant hereby agree that such late charges represent a fair and reasonable estimate of the cost that Landlord will incur by reason of Tenant's late paymentpayment and shall not be construed as a penalty. Landlord's acceptance of such late charges shall not constitute a waiver of Tenant's default with respect to such overdue amount or estop Landlord from exercising any of the other rights and remedies granted under this Lease. Notwithstanding the foregoing, before assessing a late charge the first time in any twelve (12) month period, Landlord shall provide Tenant written notice of the Rent or other amount due, and shall waive such late charge if Tenant pays such Rent or other amount due within five (5) days thereafter. Initials: Landlord /s/ GC _______ Tenant /s/ ER_______

Appears in 1 contract

Samples: Lease Agreement (Combichem Inc)

Late Charge. Notwithstanding any other provision of this Lease, Tenant hereby acknowledges that late payment to Landlord of Rent Rent, or other amounts due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. If any Rent or other sums due from Tenant are not received by Landlord or by Landlord's designated agent within five (5) days after the date such Rent or other sum is duetheir due date, then Tenant shall pay to Landlord a late charge equal to five ten percent (510%) of such overdue amount, plus any costs and attorneys' '' fees incurred by Landlord by reason of Tenant's failure to pay Rent and/or other charges when due hereunder. Landlord and Tenant hereby agree that such late charges represent a fair and reasonable estimate of the cost that Landlord will incur by reason of Tenant's late paymentpayment and shall not be construed as a penalty. Landlord's acceptance of such late charges shall not constitute a waiver of Tenant's default with respect to such overdue amount or estop Landlord from exercising any of the other rights and remedies granted under this Lease. Notwithstanding the foregoing, before assessing a late charge the first time in any twelve (12) month period, Landlord shall provide Tenant written notice of the Rent or other amount due, and shall waive such late charge if Tenant pays such Rent or other amount due within five (5) days thereafter. Initials: Landlord /s/ GC Tenant /s/ ER.

Appears in 1 contract

Samples: Lease Agreement (Bridge Capital Holdings)

Late Charge. Notwithstanding any other provision of this Lease, Tenant hereby acknowledges that late payment to Landlord of Rent Rent, or other amounts due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. If any Rent or other sums due from Tenant are not received by Landlord or by Landlord's designated agent within five ten (510) days after the date such Rent or other sum is duetheir due date, then Tenant shall pay to Landlord a late charge equal to five six percent (56%) of such overdue amount, plus any attorneys' fees incurred by Landlord by reason of Tenant's failure to pay Rent and/or other charges when due hereunder. Landlord and Tenant hereby agree that such late charges represent a fair and reasonable estimate of the cost that Landlord will incur by reason of Tenant's late payment. Landlord's acceptance of such late charges shall not constitute a waiver of Tenant's default with respect to such overdue amount or estop Landlord from exercising any of the other rights and remedies granted under this Lease. Notwithstanding the foregoing, before assessing a late charge the first time in any twelve (12) month period, Landlord shall provide Tenant written notice of the Rent or other amount due, and shall waive such late charge if Tenant pays such Rent or other amount due within five (5) days thereafter. Initials: Landlord /s/ GC ________________ Tenant /s/ ER________________

Appears in 1 contract

Samples: Lease Agreement (MMC Networks Inc)

Late Charge. Notwithstanding any other provision of this Lease, Tenant hereby acknowledges that late payment to Landlord of Rent Rent, or other amounts due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. If any Rent or other sums due from Tenant are not received by Landlord or by Landlord's designated agent within five (5) days after the date such Rent or other sum is duetheir due date, then Tenant shall pay to Landlord a late charge equal to five ten percent (510%) of such overdue amount, plus any costs and attorneys' fees incurred by Landlord by reason of Tenant's failure to pay Rent and/or other charges when due hereunder. Landlord and Tenant hereby agree that such late charges represent a fair and reasonable estimate of the cost that Landlord will incur by reason of Tenant's late paymentpayment and shall not be construed as a penalty. Landlord's acceptance of such late charges shall not constitute a waiver of Tenant's default with respect to such overdue amount or estop Landlord from exercising any of the other rights and remedies granted under this Lease. Notwithstanding the foregoing, before assessing a late charge the first time in any twelve (12) month period, Landlord shall provide Tenant written notice of the Rent or other amount due, and shall waive such late charge if Tenant pays such Rent or other amount due within five (5) days thereafter. Initials: Landlord /s/ GC _____ Tenant /s/ ER_____

Appears in 1 contract

Samples: Lease Agreement (Mohawk Industries Inc)

Late Charge. Notwithstanding any other provision of this Lease, Tenant hereby acknowledges that late payment to Landlord of Rent Rent, or other amounts due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. If any Rent or other sums due from Tenant are not received by Landlord or by Landlord's designated agent within five ten (510) days after the date such Rent or other sum is duetheir due date, then Tenant shall pay to Landlord a late charge equal to five six percent (56%) of such overdue amount, plus any attorneys' fees incurred by Landlord by reason of Tenant's failure to pay Rent and/or other charges when due hereunder. Landlord and Tenant hereby agree that such late charges represent a fair and reasonable estimate of the cost that Landlord will incur by reason of Tenant's late payment. Landlord's acceptance of such late charges shall not constitute a waiver of Tenant's default with respect to such overdue amount or estop Landlord from exercising any of the other rights and remedies granted under this Lease. Notwithstanding the foregoing, before assessing a late charge the first time in any twelve (12) month period, Landlord shall provide Tenant written notice of the Rent or other amount due, and shall waive such late charge if Tenant pays such Rent or other amount due within five (5) days thereafter. Initials: Landlord /s/ GC Tenant /s/ ER.

Appears in 1 contract

Samples: Lease Agreement (Globalcenter Inc)

Late Charge. Notwithstanding any other provision of this LeaseLease to the contrary, Tenant hereby acknowledges that late payment to Landlord of Rent Rent, or other amounts due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. If any Rent or other sums due from Tenant are not received by Landlord or by Landlord's designated agent within five seven (57) days after the date such Rent or other sum is duetheir due date, then Tenant shall pay to Landlord a late charge equal to five percent (5%) of such overdue amount, plus any costs and attorneys' fees incurred by Landlord by reason of Tenant's failure to pay Rent and/or other charges when due hereunder. Landlord and Tenant hereby agree that such late charges represent a fair and reasonable estimate of the cost that Landlord will incur by reason of Tenant's late paymentpayment and shall not be construed as a penalty. Landlord's acceptance of such late charges shall not constitute a waiver of Tenant's default with respect to such overdue amount or estop Landlord from exercising any of the other rights and remedies granted under this Lease. Notwithstanding the foregoing, before assessing a late charge the first time in any twelve (12) month period, Landlord shall provide Tenant written notice of the Rent or other amount due, and shall waive such late charge if Tenant pays such Rent or other amount due within five (5) days thereafter. Initials: Landlord /s/ GC Tenant /s/ ERLandlord______________ Tenant______________

Appears in 1 contract

Samples: Lease Agreement (Sontra Medical Corp)

Late Charge. Notwithstanding any other provision of this Lease, Tenant hereby acknowledges that late payment to Landlord of Rent Rent, or other amounts due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. If any Rent or other sums due from Tenant are not received by Landlord or by Landlord's designated agent within five ten (510) days after the date such Rent or other sum is duetheir due date, then Tenant shall pay to Landlord a late charge equal to five six percent (56%) of such overdue amount, plus any attorneys' fees incurred by Landlord by reason of Tenant's failure to pay Rent and/or other charges when due hereunder. Landlord and Tenant hereby agree that such late charges represent a fair and reasonable estimate of the cost that Landlord will incur by reason of Tenant's late payment. Landlord's acceptance of such late charges shall not constitute a waiver of Tenant's default with respect to such overdue amount or estop Landlord from exercising any of the other rights and remedies granted under this Lease. Notwithstanding the foregoing, before assessing a late charge the first time in any twelve (12) month period, Landlord shall provide Tenant written notice of the Rent or other amount due, and shall waive such late charge if Tenant pays such Rent or other amount due within five (5) days thereafter. Initials: Landlord /s/ GC HC Tenant /s/ ERJW /s/ RC ---------- --------

Appears in 1 contract

Samples: Sublease Agreement (Oak Technology Inc)

Late Charge. Notwithstanding any other provision of this Lease, Tenant hereby acknowledges that late Late payment to Landlord of Rent Rent, or other amounts due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. If any Rent or other sums due from Tenant are not received by Landlord or by Landlord's ’s designated agent within five (5) days after the date such Rent or other sum is duetheir due date, then Tenant shall pay to Landlord a late charge equal to five ten percent (510%) of such overdue amount, plus any costs and attorneys' fees incurred by Landlord by reason of Tenant's ’s failure to pay Rent and/or other charges when due hereunderdue. Landlord and Tenant hereby agree that such Such late charges represent a fair and reasonable estimate of the cost that Landlord will incur by reason of Tenant's ’s late paymentpayment and shall not be construed as a penalty. Notwithstanding the foregoing, Tenant shall not be obligated to pay such late charge for the first such late payment in any twelve (12) month period, provided that such payment is made within three (3) business days after notice from Landlord that such amount was not paid when due. Landlord's ’s acceptance of such late charges shall not constitute a waiver of Tenant's ’s default with respect to such overdue amount or estop Landlord from exercising any of the other rights and remedies granted under this Lease. Notwithstanding the foregoing, before assessing a late charge the first time in any twelve (12) month period, Landlord shall provide Tenant written notice of the Rent or other amount due, and shall waive such late charge if Tenant pays such Rent or other amount due within five (5) days thereafter. Initials: Landlord /s/ GC Tenant /s/ ER.

Appears in 1 contract

Samples: Lease Agreement (Zeltiq Aesthetics Inc)

Late Charge. Notwithstanding any other provision of this LeaseLease to the contrary, Tenant hereby acknowledges that late payment to Landlord of Rent Rent, or other amounts due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. If any Rent or other sums due from Tenant are not received by Landlord or by Landlord's ’s designated agent within five three (53) business days after the date such Rent or other sum is duetheir due date, then Tenant shall pay to Landlord a late charge equal to five percent (5%) of such overdue amount, plus any costs and attorneys' fees incurred by Landlord by reason of Tenant's ’s failure to pay Rent and/or other charges when due hereunder. Landlord and Tenant hereby agree that such late charges represent a fair and reasonable estimate of the cost that Landlord will incur by reason of Tenant's ’s late paymentpayment and shall not be construed as a penalty. Landlord's ’s acceptance of such late charges shall not constitute a waiver of Tenant's ’s default with respect to such overdue amount or estop stop Landlord from exercising any of the other rights and remedies granted under this Lease. Notwithstanding the foregoing, before assessing a late charge the first time in any twelve (12) month period, Landlord shall provide Tenant written notice of the Rent or other amount due, and shall waive such late charge if Tenant pays such Rent or other amount due within five (5) days thereafter. Initials: Landlord /s/ GC Tenant /s/ ER.

Appears in 1 contract

Samples: Lease Agreement (INVO Bioscience, Inc.)

Late Charge. Notwithstanding any other provision of this LeaseLease to the contrary, Tenant hereby acknowledges that late payment to Landlord of Rent Rent, or other amounts due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. If any Rent or other sums due from Tenant are not received by Landlord or by Landlord's ’s designated agent within five (5) business days after the date such Rent or other sum is duetheir due date, then Tenant shall pay to Landlord a late charge equal to five percent (5%) of such overdue amount. Notwithstanding the foregoing, plus no late charge shall be assessed for the first time in any attorneys' fees incurred twelve-month period the Base Rent is not paid when due, if such Base Rent is received by Landlord by reason of within five (5) days after notice thereof is sent to Tenant's failure to pay Rent and/or other charges when due hereunder. Landlord and Tenant hereby agree that such late charges represent a fair and reasonable estimate of the cost that Landlord will incur by reason of Tenant's ’s late paymentpayment and shall not be construed as a penalty. Landlord's ’s acceptance of such late charges shall not constitute a waiver of Tenant's ’s default with respect to such overdue amount or estop Landlord from exercising any of the other rights and remedies granted under this Lease. Notwithstanding the foregoing, before assessing a late charge the first time in any twelve (12) month period, Landlord shall provide Tenant written notice of the Rent or other amount due, and shall waive such late charge if Tenant pays such Rent or other amount due within five (5) days thereafter. Initials: Landlord /s/ GC Tenant /s/ ER.

Appears in 1 contract

Samples: Deed of Lease (Sucampo Pharmaceuticals, Inc.)

Late Charge. Notwithstanding any other provision of this Lease, Tenant hereby acknowledges that late payment to Landlord of Rent Rent, or other amounts due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. If any Rent or other sums due from Tenant are not received by Landlord or by Landlord's designated agent within five ten (510) days after the date such Rent or other sum is duetheir due date, then Tenant shall pay to Landlord a late charge equal to five percent (5%) of such overdue amount, plus any attorneys' fees incurred by Landlord by reason of Tenant's failure to pay Rent and/or other charges when due hereunder. Landlord and Tenant hereby agree that such late charges represent a fair and reasonable estimate of the cost that Landlord will incur by reason of Tenant's late payment. Landlord's acceptance of such late charges shall not constitute a waiver of Tenant's default with respect to such overdue amount or estop Landlord from exercising any of the other rights and remedies granted under this Lease. Notwithstanding the foregoing, before assessing a late charge the first time in any twelve (12) month period, Landlord shall provide Tenant written notice of the Rent or other amount due, and shall waive such late charge if Tenant pays such Rent or other amount due within five (5) days thereafter. Initials: Landlord /s/ GC Tenant /s/ ER/s/

Appears in 1 contract

Samples: Lease Agreement (Sterigenics International)

Late Charge. Notwithstanding any other provision of this Lease, Tenant hereby acknowledges that late payment to Landlord of Rent Rent, or other amounts due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. If any Rent or other sums due from Tenant are not received by Landlord or by Landlord's designated agent within five ten (510) days after the date such Rent or other sum is duetheir due date, then Tenant shall pay to Landlord a late charge equal to ten percent (10%) of such overdue amount if Landlord has given Tenant written notice that Landlord has not received such amounts or five percent (5%) of such overdue amountamount if Landlord has not given Tenant such written notice, plus any attorneys' fees incurred by Landlord by reason of Tenant's failure to pay Rent and/or other charges charge when due hereunder. Landlord and Tenant hereby agree that such late charges charge represent a fair and reasonable estimate of the cost that Landlord will incur by reason of Tenant's late payment. Landlord's acceptance of such late charges charge shall not constitute a waiver of Tenant's default with respect to such overdue amount or estop Landlord from exercising any of the other rights and remedies granted under this Lease. Notwithstanding the foregoing, before assessing a late charge the first time in any twelve (12) month period, Landlord shall provide Tenant written notice of the Rent or other amount due, and shall waive such late charge if Tenant pays such Rent or other amount due within five (5) days thereafter. Initials: Landlord /s/ GC Tenant /s/ ER/s/

Appears in 1 contract

Samples: Lease Agreement (Scios Inc)

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