Common use of Late Charges and Interest Clause in Contracts

Late Charges and Interest. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. 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 mortgage or trust deed covering the Premises. Accordingly, if any installments of Rent shall not be received by Landlord or Landlord's designee within five (5) days after such amount shall be due, Tenant shall pay to Landlord a late charge equal to fifteen percent (15%) of such overdue amount ("Late Charge"). The parties hereby agree that such Late Charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payments by Tenant. Acceptance of such Late Charge by Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In addition, Tenant shall pay interest on all Rent not paid on the date when due at an annual interest rate of eighteen percent (18%) or the highest rate permitted by law, whichever is lower ("Interest Rate"). In the event any check, bank draft or negotiable instrument given for any payments under this Lease shall be dishonored at any time for any reason whatsoever not attributable to Landlord, Landlord shall be entitled, in addition to any other remedy that may be available, to an administrative charge of $200.00.

Late Charges and Interest. Tenant (a) Lessee hereby acknowledges that late payment by Tenant to Landlord of Rent (after the expiration of any applicable grace period) will cause Landlord Lessor to incur costs not contemplated by this LeaseLease Agreement, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, charges and late charges which may be imposed on Landlord Lessor by the terms of any mortgage or trust deed covering the Demised Premises. Accordingly, if any installments payment of Rent shall is not be received by Landlord or Landlord's designee within five (5) days after such amount shall be made when due, Tenant at Lessor's election Lessee shall pay to Landlord Lessor a late charge equal to fifteen percent (15%) 5% of such overdue amount ("Late Charge")amount. The parties hereby agree that such Late Charge late charge represents a fair and reasonable estimate of the costs Landlord Lessor will incur by reason of late payments payment by TenantLessee. Acceptance of such Late Charge late charge by Landlord Lessor shall in no event constitute a waiver of TenantLessee's default with respect to such an overdue amount, nor amount or prevent Landlord Lessor from exercising any of the its other rights and remedies granted hereunder. In addition, Tenant shall pay interest on all provided for herein. (b) If Rent payment due hereunder is not paid on in full when due, the amount due shall bear interest from the due date when due until paid at an annual interest a rate equal to the greater of fifteen (15%) per annum or the rate of eighteen percent interest announced from time to time in the Wall Street Journal as the "prime rate" plus 2% per annum; provided, however, that interest shall not be payable on late charges payable by Lessee pursuant to subsection (18%) a), above; and further provided that in no event shall interest and/or late charges payable hereunder be payable to the extent that such payments would exceed the maximum amounts payable under applicable law. Payment of interest shall not excuse or the highest rate permitted cure any default hereunder by lawLessee. The calculation of interest charges shall be made on an actual days elapsed basis with a 365 or 366 day year, whichever is lower ("Interest Rate"). In the event any check, bank draft or negotiable instrument given for any payments under this Lease shall be dishonored at any time for any reason whatsoever not attributable to Landlord, Landlord shall be entitled, in addition to any other remedy that may be available, to an administrative charge of $200.00applicable.

Late Charges and Interest. In the event Tenant hereby acknowledges that late payment by Tenant fails to Landlord pay any sum of Rent will cause Landlord to incur costs not contemplated by money required under this Lease, the exact amount of which will be extremely difficult to ascertain. 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 mortgage or trust deed covering the Premises. Accordingly, if any installments of Rent shall not be received by Landlord or Landlord's designee Lease within five fifteen (515) days after such amount shall be dueof the stipulated due date, then Tenant shall pay to Landlord a late charge equal to Ten Dollars ($10.00) per day from the due date until all delinquent sums (regardless of amount) are paid in full, plus interest on all such delinquent sums at fifteen percent (15%) of such overdue amount ("Late Charge"). The parties hereby agree that such Late Charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payments by Tenant. Acceptance of such Late Charge by Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In addition, Tenant shall pay interest on all Rent not paid on the date when due at an annual interest rate of eighteen percent (18%) per annum or the highest maximum rate permitted allowable by law, whichever is lower ("Interest Rate")less, likewise commencing from the original due date and continuing until all such delinquent sums are paid in full. In the event any check, bank draft or negotiable instrument given for any payments under The foregoing daily late charges and all others prescribed in this Lease are intended to offset Landlord's unanticipated administrative costs associated with delinquencies, including (but not limited to) the costs of additional direct contacts and correspondence with principals and employees of Tenant, investigators, credit reporting agencies, attorneys, collection agencies, bookkeepers and accountants, as well as referral and contingent fees to collection agencies, among others. The parties agree that the precise amounts of all such unanticipated costs would be difficult, if not impossible, to ascertain in advance and that the late charges described in this Section and elsewhere in this Lease are therefore a reasonable approximation of such costs in the nature of liquidated damages and shall be dishonored at any time for any reason whatsoever not attributable payable to Landlord, Landlord shall be entitled, in addition to any all other remedy that may rental obligations hereunder. No such late charges, however, are intended, nor shall be availabledeemed, to an administrative charge cover any consequential damages arising from Tenant's breach of $200.00this Lease, or the unamortized balance of the costs of any improvements made by Landlord to accommodate Tenant's occupancy, or any clean-up or repair costs or other expenses suffered by Landlord as a result of any physical damage to the Premises or other property caused by Tenant or its employees, contractors or agents.

Late Charges and Interest. Notwithstanding any other provision of this Lease, if Tenant hereby is at any time (or from time to time) in breach or default in the payment of any rent (as set forth in this Section 5.) when due, or in payment of any other sum due under this lease, or any part thereof, Tenant acknowledges that such breach or default or late payment by Tenant to Landlord of Rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be are extremely difficult and impracticable to ascertaindetermine. Such costs include, but are not limited towithout limitation, processing and accounting charges, and late charges which that may be imposed on Landlord by the terms of any mortgage or trust deed encumbrance and note secured by any encumbrance covering the Premises, extraordinary interest charges, penalties, collection costs, attorney(s) and accountant(s) fees, and the like. AccordinglyTherefore, if any installments of Rent shall payment due from Tenant under this Section 5. or under this lease is not be received by Landlord or Landlord's designee within five when due (5) days after such amount shall be dueand prior to breach), Tenant shall immediately pay to Landlord an additional sum of ten (10%) percent of the overdue payment as a late charge equal to fifteen percent (15%) of such overdue amount ("Late Charge")charge. The parties hereby agree that such Late Charge late charge constitutes liquidated damages and represents a fair and reasonable estimate of the costs that Landlord will initially incur by reason of late payments payment by Tenant. In addition to the above, Tenant shall pay to Landlord simple interest on any rent or any other sums due hereunder which are at any time (or from time to time) in default under the terms hereof, at a per annum rate of interest equal to three (3%) percent above the prime rate of interest per annum as periodically quoted by the Bank of America (or the largest bank then headquartered in California), which interest shall be prorated to the period which such rent or other sums remain unpaid and in breach or default. Acceptance of such Late Charge by Landlord any late charge or interest payment shall in no event not constitute a waiver of Tenant's ’s breach or default with respect to such the overdue amount, nor prevent Landlord from exercising any of the and shall in no way affect or diminish Landlord’s other rights and remedies granted hereunder. In addition, Tenant shall pay interest on all only be considered in breach or default of payment of Basic Rent if the same is not paid on within five (5) days after it is due and payable according to the date when due at an annual interest rate of eighteen percent (18%) or the highest rate permitted by law, whichever is lower ("Interest Rate")terms hereof. In the event any check, bank draft or negotiable instrument given for any payments under this Lease shall be dishonored at any time for any reason whatsoever not attributable to Landlord, Landlord shall be entitled, in addition to any other remedy that may be available, to an administrative charge of $200.00.Initials /s/ IH Initials /s/ JMJ

Late Charges and Interest. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be is extremely difficult or impracticable to ascertaindetermine. Such costs include, but are not limited to, processing and accounting charges, and late charges which that may be imposed on Landlord by the terms of any mortgage or deed of trust deed covering secured by the Leased Premises. AccordinglyTherefore, if any installments installment of Base Rent shall or any payment of Additional Charges, Impositions or other rent due from Tenant is not be received by Landlord or Landlord's designee within five (5) days after such amount shall be duein good funds by the applicable due date, Tenant shall pay to Landlord a late charge an additional sum equal to fifteen five percent (155%) of such the amount overdue amount ("Late Charge")as a late charge. The parties hereby agree acknowledge that such Late Charge this late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of late payments payment by Tenant. Acceptance of such Late Charge by Landlord shall in In no event constitute shall this provision for a waiver late charge be deemed to grant to Tenant a grace period or extension of Tenant's default with respect time within which to such overdue amount, nor pay any Rent or prevent Landlord from exercising any right or remedy available to Landlord upon Tenant's failure to pay any Rent due under this Lease in a timely fashion, including any right to terminate this Lease as set forth elsewhere herein. If any Base Rent remains delinquent for a period in excess of the other rights and remedies granted hereunder. In additionfive (5) days then, in addition to such late charge, Tenant shall pay to Landlord interest on all any Base Rent, Rent and/or Additional Charges that is not paid on the date when due at an annual interest rate of eighteen percent (18%) or the highest rate permitted by law, whichever is lower ("Interest Rate"). In Default Rate following the event any check, bank draft or negotiable instrument given for any payments under this Lease shall be dishonored at any time for any reason whatsoever not attributable to Landlord, Landlord shall be entitled, in addition to any other remedy that may be available, to an administrative charge of $200.00date such amount became due until paid.

Late Charges and Interest. A. Tenant hereby acknowledges that late payment by Tenant to Landlord of Base Rent, Additional Rent will or any other sums due hereunder shall cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. 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 mortgage or trust deed covering the Premises. Accordingly, if any installments installment of Base Rent, Additional Rent or any other sum due from Tenant, shall not be received by Landlord or Landlord's designee within five ten (510) days after the date any such amount shall be payment becomes due, then Tenant shall pay to Landlord a late charge equal to fifteen five percent (155%) of such overdue amount ("Late Charge")amount. The parties hereby agree that such Late Charge late charge represents a fair and reasonable estimate of the costs cost Landlord will incur by reason of late payments payment by Tenant. Acceptance of such Late Charge late charge by Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In addition, . B. Tenant shall be obligated to pay to Landlord interest on all Rent not paid on at the date when due at an annual interest rate of eighteen twelve percent (1812%) per annum or the highest maximum legal rate permitted by lawwhich Tenant may contract for in Massachusetts, whichever is lower ("Interest Rate"). In less, on all sums above specified and on all sums and charges Tenant is obligated to pay under the event any check, bank draft or negotiable instrument given for any payments under terms of this Lease shall be dishonored at any time for any reason whatsoever not attributable to Landlord, Landlord shall be entitled, from the date said sums and charges become due and remain unpaid until the date said sums and charges are paid in addition to any other remedy that may be available, to an administrative charge of $200.00full.

Late Charges and Interest. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on upon Landlord by the terms of any mortgage mortgages or trust deed covering the Premises. Accordingly, if any installments installment of Rent shall rent is not be received by Landlord or Landlord's designee within five ten (510) days after notice that such amount shall be is past due, then Tenant shall pay to Landlord a late charge equal to fifteen ten percent (1510%) of such overdue amount ("Late Charge")amount. The parties hereby agree that such Late Charge late charge represents a fair and reasonable estimate of the costs cost that Landlord will incur by such reason of the late payments payment by Tenant. Acceptance of such Late Charge any late charge by Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In additionaddition to the late charges referred to above, Tenant shall pay which are intended to defray Landlord's costs resulting from late payments, any late payment of rent shall, at Landlord's option, bear interest on all Rent not paid on from the due date of any such payment to the date when due same is paid at an annual interest a rate of eighteen percent (18%) per annum or the highest maximum lawful rate permitted by lawthat Landlord may charge to Tenant under applicable laws, whichever is lower less (the "Interest Rate"). In the event any check, bank draft or negotiable instrument given for any payments under this Lease shall be dishonored at any time for any reason whatsoever not attributable to Landlord, Landlord shall be entitled, in addition to any other remedy that may be available, to an administrative charge of $200.00.

Late Charges and Interest. Tenant hereby acknowledges that late shall pay, as additional Rent, a service charge of Two Hundred Dollars ($200.00) for bookkeeping and administrative expenses, if Rent is not received within five (5) business days after its due date. In addition, any Rent paid more than five (5) business days after its due date shall accrue interest from the due date at the Default Rate until payment is received by Tenant to Landlord of Rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting chargesLandlord, and Tenant shall pay Landlord a late charges charge for any Rent payment which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installments of Rent shall not be received by Landlord or Landlord's designee within is paid more than five (5) days after such amount shall be due, Tenant shall pay to Landlord a late charge its due date equal to fifteen five percent (155%) of such overdue amount ("Late Charge")payment. The parties hereby agree that such Late Charge represents a fair Such service charge and reasonable estimate of the costs Landlord will incur by reason of late interest payments by Tenant. Acceptance of such Late Charge shall not be deemed consent by Landlord shall in no event constitute to late payments, nor a waiver of Tenant's default with respect Landlord’s right to such overdue amountinsist upon timely payments at any time, nor prevent a waiver of any remedies to which Landlord from exercising any is entitled as a result of the other rights late payment of Rent. Landlord may cure, at any time, without notice except as otherwise herein provided, any Default by Tenant under this Lease; and remedies granted hereunder. In additionwhenever Landlord so elects, Tenant shall pay all costs and expenses incurred by Landlord in curing such a Default, including, without limitation, reasonable attorneys’ fees, together with interest on all the amount of costs and expenses so incurred at the Default Rate shall be paid by Tenant to Landlord on demand, and shall be recoverable as Rent. Landlord's acceptance of Rent not paid on the date when or any other payments due at an annual interest rate pursuant to this Lease, with knowledge by Landlord of eighteen percent (18%) or the highest rate permitted any Default by law, whichever is lower ("Interest Rate"). In the event any check, bank draft or negotiable instrument given for any payments Tenant under this Lease Lease, or subsequent to issuance to Tenant of a demand to cure a Default under this Lease, shall not be dishonored at any time deemed to be a waiver of Landlord's right to demand cure of that Default, or to be a waiver of Landlord's right to proceed against Tenant for any reason whatsoever not attributable to Landlord, Landlord shall be entitled, in addition to any other remedy that may be available, to an administrative charge of $200.00said Default.

Late Charges and Interest. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent and other 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. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on upon Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any installments installment of Additional Minimum Monthly Rent shall or other payment required of Tenant hereunder is not be received by Landlord or Landlord's designee paid within five (5) days after such amount shall be following the date due, Landlord may, at its option, charge Tenant shall pay to Landlord a late charge (“Late Charge”) equal to fifteen ten percent (1510%) of such the overdue amount as liquidated damages to compensate Landlord for potential inability to meet financial obligations and the additional expense of handling delinquent payments ("Late Charge"the exact amount of Landlord’s injury being impractical to calculate). At Landlord’s option, any sum not paid by Tenant when due shall also bear interest at the rate specified in Section 21.2 from date due until paid in full. The parties hereby agree that such Late Charge late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payments payment by Tenant. Acceptance Landlord’s acceptance of such Late Charge by a late charge (or interest) shall not waive the underlying delinquency or bar the exercise of other remedies for non-payment under this Lease. Landlord’s acceptance of a delinquent payment without a late charge (or interest) shall not waive the right of Landlord shall in no event constitute to impose or collect a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In addition, Tenant shall pay late charge or interest on all Rent not paid on the date when due at an annual interest rate of eighteen percent (18%) or the highest rate permitted by law, whichever is lower ("Interest Rate")a subsequent delinquent payment. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Additional Minimum Monthly Rent, then notwithstanding Section 4.1 or any check, bank draft or negotiable instrument given for any payments under other provision of this Lease shall be dishonored to the contrary, Additional Minimum Monthly Rent shall, at any time for any reason whatsoever not attributable to Landlord’s option, Landlord shall be entitled, become due and payable quarterly in addition to any other remedy that may be available, to an administrative charge of $200.00advance.

Late Charges and Interest. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. 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 mortgage or trust deed covering the Premises. Accordingly, if any installments of Rent shall not be received by Landlord or Landlord's designee within five (5) days after such amount shall be due, Tenant shall pay to Landlord a late charge equal to fifteen seven percent (157%) of the amount of Rent not paid when due to compensate Landlord for the extra costs Landlord will incur as a result of such overdue amount ("Late Charge")late payment. The parties hereby agree that (1) it would be impractical and extremely difficult to fix the actual damage that Landlord will suffer on account of Tenant's late payment, (2) such Late Charge represents interest and late charges represent a fair and reasonable estimate of the costs detriment that Landlord will incur suffer by reason of late payments payment by Tenant, and (3) the payment of interest and late charges are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord's money by Tenant, while the payment of late charge is to compensate Landlord for Landlord's processing, administrative and other costs incurred by Landlord as a, result of Tenant's delinquent payments. Acceptance of such Late Charge late charges and interest payments shall not be deemed consent by Landlord shall in no event constitute to late payments, nor a waiver of TenantLandlord's default with respect right to such overdue amountinsist upon timely payments at any time, nor prevent a waiver of any remedies to which Landlord from exercising any is entitled as a result of the other rights and remedies granted hereunderlate payment of Rent. In addition, in the event Tenant fails to pay within thirty (30) days after the same is due and payable any installment of Minimum Annual Rent or any other sum or charge required to be paid by Tenant to Landlord under this Lease, such unpaid amount shall pay bear interest on all Rent not paid on from the due date thereof to the date when due of payment at an annual interest the rate of eighteen percent (18%) or the highest rate permitted by law, whichever is lower per annum until paid ("Interest 'Default Rate"). In Notwithstanding the event any check, bank draft or negotiable instrument given for any payments under this Lease shall be dishonored at any time for any reason whatsoever not attributable to Landlordabove, Landlord shall provide Tenant with a written notice of such failure to pay prior to assessing the late charge and Tenant shall have an additional five (5) days to cure such failure to pay before Landlord assesses any late charges or Tenant shall be entitledin default for its failure to pay; provided, in addition however, that Landlord shall not be required to give such notice more than one (1) time with respect to any other remedy that may be availableparticular failure to pay, nor more than two (2) times in the consecutive twelve (12) month period with respect to an administrative charge of $200.00any failure to pay in the aggregate.

Late Charges and Interest. Notwithstanding any other provision of this Lease, if Tenant hereby is in breach or default the payment of any rent (as set forth in this Section 5.) when due, or in payment of any other sum due under this lease, or any part thereof, Tenant acknowledges that such breach or default and late payment by Tenant to Landlord of Rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be are extremely difficult and impracticable to ascertaindetermine. Such costs include, but are not limited towithout limitation, processing and accounting charges, and late charges which that may be imposed on Landlord by the terms of any mortgage or trust deed encumbrance and note secured by any encumbrance covering the Premises, extraordinary interest charges, penalties, collection costs, attorney(s) and accountant(s) fees, and the like. AccordinglyTherefore, if any installments of Rent shall payment due from Tenant under this Section 5. or under this lease is not be received by Landlord or Landlord's designee within when due (and prior to breach), Tenant shall immediately pay to Landlord an additional sum of five (5%) days after such amount shall be due, Tenant shall pay to Landlord percent of the overdue payment as a late charge equal to fifteen percent (15%) of such overdue amount ("Late Charge")charge. The parties hereby agree that such Late Charge late charge constitutes liquidated damages and represents a fair and reasonable estimate of the costs that Landlord will initially incur by reason of late payments payment by Tenant. In addition to the above, Tenant shall pay to Landlord simple interest on any rent or any other sums due hereunder which are from time to time in default under the terms hereof, at a per annum rate of interest equal to three (3%) percent above the prime rate of interest per annum as periodically quoted by the Bank of America (or the largest bank then headquartered in California), which interest shall be prorated to the period which such rent or other sums remain unpaid and in breach or default. Acceptance of such Late Charge by Landlord any late charge or interest payment shall in no event not constitute a waiver of Tenant's ’s breach or default with respect to such the overdue amount, nor prevent Landlord from exercising any of the and shall in no way affect or diminish to Landlord’s other rights and remedies granted hereunder. In additionFor all purposes of this lease, Tenant shall pay interest on all only be considered in breach of payment of Basic Rent if the same is not paid on within five (5) days after it is due and payable according to the date when due at an annual interest rate of eighteen percent (18%) or the highest rate permitted by law, whichever is lower ("Interest Rate"). In the event any check, bank draft or negotiable instrument given for any payments under this Lease shall be dishonored at any time for any reason whatsoever not attributable to Landlord, Landlord shall be entitled, in addition to any other remedy that may be available, to an administrative charge of $200.00terms hereof.

Late Charges and Interest. Tenant hereby acknowledges that late payment by Tenant to Landlord If any installment of Rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. 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 or any mortgage or trust deed covering the Premises. Accordingly, if any installments of Rent other sum due from Tenant shall not be received by Landlord or Landlord's ’s designee within five (5) business days after such amount shall be duefollowing the due date therefor, then Tenant shall pay to Landlord a late charge equal to fifteen five percent (155%) of such overdue the amount ("Late Charge")due. The parties hereby agree that such Late Charge represents a fair late charge shall be deemed Additional Rent and reasonable estimate the right to require it shall be in addition to all of the costs Landlord will incur by reason of late payments by Tenant. Acceptance of such Late Charge by Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the Landlord’s other rights and remedies granted hereunder, at law or in equity and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In additionaddition to the late charge described above, Tenant shall pay interest on all any Rent or other amounts owing hereunder that are not paid on within five (5) business days following Tenant’s receipt of written notice of delinquency shall thereafter bear interest until paid at a rate (the date when due at an annual interest rate “Interest Rate”) equal to the lesser of eighteen (i) the “Prime Rate” or “Reference Rate” announced from time to time by the Bank of America (or such reasonable comparable national banking institution as selected by Landlord in the event Bank of America ceases to exist or publish a Prime Rate or Reference Rate), plus two percent (182%), or (ii) or the highest rate permitted by lawapplicable Laws. Notwithstanding the foregoing, whichever is lower the late charge referenced above shall not be charged with respect to the first occurrence ("Interest Rate"). In the event any check, bank draft or negotiable instrument given for any payments under this Lease shall but may be dishonored at any time for any reason whatsoever not attributable to Landlord, Landlord shall be entitled, in addition charged with respect to any other remedy subsequent occurrence) during any twelve (12) month period that may be availableTenant fails to make payment when due, until five (5) business days after Landlord delivers written notice of such delinquency to an administrative charge of $200.00Tenant.

Late Charges and Interest. Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent rent or other 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. Such costs include, but are not limited to, processing and accounting charges, and late charges which that may be imposed on upon Landlord by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installments installment of Rent rent or of a sum due from Tenant shall not be received by Landlord or Landlord's ’s designee within five (5) days after such amount shall be is due, then Tenant shall pay to Landlord a late charge equal to fifteen five percent (155%) of such overdue amount ("Late Charge")amount. The parties hereby agree that such Late Charge represents late charges represent a fair and reasonable estimate of the costs cost that Landlord will incur by reason of the late payments payment by Tenant. Acceptance of such Late Charge late charges by the Landlord shall in no event constitute a waiver of Tenant's ’s default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In additionAny monetary payment due Landlord hereunder, Tenant other than late charges, not received by Landlord, when due as to scheduled payments or within 30 days following the date on which it was due for non-scheduled payment, shall pay bear interest on all Rent not paid on from the date when due, as to scheduled payments, or the 31st day after it was due as to non-scheduled payments. The interest charged shall be equal to the prime rate reported in the Wall Street Journal as published closest prior to the date when due at an annual interest rate of eighteen plus two percent (182%) or ), but shall not exceed the highest maximum rate permitted allowed by law, whichever law in the State of California. Interest is lower ("Interest Rate"). In the event any check, bank draft or negotiable instrument given for any payments under this Lease shall be dishonored at any time for any reason whatsoever not attributable to Landlord, Landlord shall be entitled, payable in addition to any other remedy that may be available, to an administrative the potential late charge of $200.00hereinabove.

Late Charges and Interest. Tenant hereby acknowledges that late payment by Tenant to For each monthly installment of Base Rent and/or the Expense Charge which Landlord receives after the 5th day of Rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. 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 mortgage or trust deed covering the Premises. Accordingly, if any installments of Rent shall not be received by Landlord or Landlord's designee within five (5) days after such amount shall be duemonth, Tenant shall pay to Landlord as additional rent a late service charge equal to fifteen percent Fifty Dollars (15%$50.00) for bookkeeping and administrative expenses. If Landlord issues a notice of such overdue amount ("Late Charge"). The parties hereby agree that such Late Charge represents a fair and reasonable estimate of the costs Landlord will incur default to Tenant by reason of late payments Tenant’s failure to pay any installment of Base Rent and/or the Expense Charge by the 5th day of the month, Tenant shall pay Landlord an additional service charge in the amount of One Hundred Dollars ($100.00). If Landlord presents Tenant. Acceptance 's check to any bank and Tenant’s check is dishonored, then Tenant shall additionally pay Landlord a bad check fee of Fifty Dollars ($50.00), all of such Late Charge by Landlord shall payment provisions in no event constitute a waiver of Tenant's default with respect this Section to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunderbe cumulative. In addition, Tenant shall pay interest on all any Rent not paid on within 10 days after notice of delinquency shall accrue interest from the due date when due until payment is received by Landlord at an annual interest a rate (the “Default Rate”) which is equal to the lesser of eighteen percent (18%i) or the highest lawful rate permitted by law, whichever is lower ("Interest Rate"). In the event any check, bank draft or negotiable instrument given for any payments under this Lease shall be dishonored at any time for any reason whatsoever not attributable to Landlord, Landlord shall be entitled, in addition to any other remedy that may be availablecharged to Tenant, or (ii) 4% per annum in excess of the “Prime Rate”, as published from time to time in The Wall Street Journal. Nothing contained in this Section 5.4, however, shall affect any other rights of Landlord contained in this Lease to recover costs and expenses in connection with the occurrence of an administrative charge Event of $200.00Default nor shall payment of the foregoing service and interest charges be deemed a cure of any Event of Default nor shall acceptance by Landlord of such payment be deemed consent by Landlord to late payments or a waiver of any rights Landlord may have to pursue any remedies for a default by Tenant under this Lease.

Late Charges and Interest. Tenant hereby acknowledges that late payment 4.1 All Rent or other sums, if any, payable by Tenant to Landlord of Rent will cause Landlord to incur costs not contemplated by under this Lease, the exact amount of Lease which will be extremely difficult to ascertain. 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 mortgage or trust deed covering the Premises. Accordingly, if any installments of Rent shall not be received by Landlord or Landlord's designee within five (5) days after such amount paid when due shall be due, Tenant shall pay subject to Landlord a late charge equal to fifteen of one percent (151.00%) of such overdue amount ("Late Charge"). The parties per month, which late charge Tenant hereby agree that such Late Charge represents agrees is a fair and reasonable estimate of the costs Landlord will incur by reason of late payments by Tenant. Acceptance of such Late Charge by damages Landlord shall in no event constitute suffer as a waiver result of Tenant's default with respect to late payment. Such late charges shall be due and payable as Additional Rent on or before the next Rent Day. Notwithstanding the foregoing, such late charge shall not accrue until a required payment is overdue amount, nor prevent Landlord from exercising any in excess of ten business days (10) days after the date written notice of the overdue required payment is received by Tenant from Landlord. 4.2 Any overdue payment of Rent, late charges or any other rights and remedies granted hereunder. In additionsums, charges or amounts payable by Tenant shall pay interest on all Rent not paid on the date when due at an annual interest rate of eighteen percent (18%) or the highest rate permitted by law, whichever is lower ("Interest Rate"). In the event any check, bank draft or negotiable instrument given for any payments under this Lease shall not be dishonored at any time for any reason whatsoever not attributable considered as having been paid unless and until all late charges and interest due hereunder are paid by Tenant to Landlord. If Tenant defaults in paying such late charges and/or interest, Landlord will have the same remedies as on default in the payment of Rent. The obligation hereunder to pay late charges and interest will exist in addition to, and not in the place of, the other default provisions of this Lease. 4.3 If Tenant shall default in the observance or performance of any term or covenant on Tenant's part to be observed or performed under or by virtue of any of the terms or provisions of this Lease and Landlord shall make any expenditure or incur any obligation for the payment of money, including but not limited to reasonable attorney's fees and disbursements, in instituting, prosecuting or defending any action or proceeding relating to or in connection with such default, such sums so paid or obligations incurred shall be deemed to be Addititonal Rent hereunder and shall be paid by Tenant to Landlord within ten (10) business days after rendition of any xxxx or statement to Tenant therefore, and if the Term shall have expired at the time of making of such expenditures or incurring of such obligations, such sums shall be recoverable by Landlord as damages. Except in the case of emergencies, Landlord shall give Tenant at least ten (10) business days prior written notice of the Landlord's expenditure, during which time Tenant shall be entitled, in addition given the opportunity to any other remedy that may be available, cure the default giving rise to an administrative charge of $200.00the expenditure.

Late Charges and Interest. Notwithstanding any other provision of this Lease, if Tenant hereby is in breach or default in the payment of any rent (as set forth in this Section 5.) when due, or in payment of any other sum due under this lease, or any part thereof, Tenant acknowledges that such breach or default and late payment by Tenant to Landlord of Rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be are extremely difficult and impracticable to ascertaindetermine. Such costs include, but are not limited towithout limitation, processing and accounting charges, and late charges which that may be imposed on Landlord by the terms of any mortgage or trust deed encumbrance and note secured by any encumbrance covering the Premises, extraordinary interest charges, penalties, collection costs, attorney(s) and accountant(s) fees, and the like. AccordinglyTherefore, if any installments of Rent shall payment due from Tenant under this Section 5, or under this lease is not be received by Landlord or Landlord's designee within five when due (5) days after such amount shall be dueand prior to breach), Tenant shall immediately pay to Landlord an additional sum often (10%) percent of the overdue payment as a late charge equal to fifteen percent (15%) of such overdue amount ("Late Charge")charge. The parties hereby agree that such Late Charge late charge constitutes liquidated damages and represents a fair and reasonable estimate of the costs that Landlord will initially incur by reason of late payments payment by Tenant. In addition to the above, Tenant shall pay to Landlord simple interest on any rent or any other sums due hereunder which are from time to time in default under the terms hereof, at a per annum rate of interest equal to three (3%) percent above the prime rate of interest per annum as periodically quoted by the Bank of America (or the largest bank then headquartered in California), which interest shall be prorated to the period which such rent or other sums remain unpaid and in breach or default. Acceptance of such Late Charge by Landlord any late charge or interest payment shall in no event not constitute a waiver of Tenant's ’s breach or default with respect to such the overdue amount, nor prevent Landlord from exercising any of the and shall in no way affect or diminish to Landlord’s other rights and remedies granted hereunder. In additionFor all purposes of this lease, Tenant shall pay interest on all only be considered in breach of payment of Basic Rent if the same is not paid on within five (5) days after it is due and payable according to the date when due at an annual interest rate of eighteen percent (18%) or the highest rate permitted by law, whichever is lower ("Interest Rate")terms hereof. In the event any check, bank draft or negotiable instrument given for any payments under this Lease shall be dishonored at any time for any reason whatsoever not attributable to Landlord, Landlord shall be entitled, in addition to any other remedy that may be available, to an administrative charge of $200.00.Initials: /s/ Illegible Initials: /s/ Illegible

Late Charges and Interest. Tenant hereby acknowledges that late payment 4.01 Any rent or other sums payable by Tenant to Landlord under this Lease not paid within seven (7) days after the same is due shall incur a late charge for reimbursement of Rent will cause Landlord's anticipated out-of-pocket expenses due to such failure to pay of five percent (5%) of the amount of such payment. 4.02 Any rent or other sums payable by Tenant to Landlord to incur costs not contemplated by under this Lease, the exact amount of which will be extremely difficult to ascertain. 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 mortgage or trust deed covering the Premises. Accordingly, if any installments of Rent shall not be received by Landlord or Landlord's designee paid within five seven (57) days after such amount shall be the same are due, Tenant shall pay to Landlord will bear interest at a late charge per annum rate equal to fifteen the greater of twelve percent (1512%) of such overdue amount or four (4) percentage points above the interest rate per annum announced by Michigan National Bank, as its "Late Charge"). The parties hereby agree that such Late Charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payments by Tenant. Acceptance of such Late Charge by Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In addition, Tenant shall pay interest on all Rent not paid prime rate" on the date when due at an annual the rent, late charges or other sums become due, but not in excess of the maximum interest rate permitted by law. Such interest will be due and payable as additional rent on or before the next Rent Day or within ten (10) days of eighteen percent a written demand therefor by Landlord, whichever occurs first, and will accrue from the date that such rent, late charges or other sums first became due under the provisions of this Lease until actually paid by Tenant. 4.03 Any default in the payment of rent or other sums will not be considered cured unless and until the interest due hereunder is paid by Tenant to Landlord. The obligation hereunder to pay interest will exist in addition to and not in place of the other default provisions of this Lease. Any money and other charges required to be paid by Tenant pursuant to the terms of this Lease, whether or not the same may be designated as rental shall be deemed rent and Tenant's failure to pay such money or other charges required under this Lease shall carry with it the same consequences (18%) including the right to commence summary proceedings), as a failure to pay rental. 4.04 In the event any charge imposed hereunder or under any of the highest Sections of this Lease is either stated to be or is construed as interest, then no such interest charge shall be calculated at a rate that is higher than the maximum interest rate permitted by law, whichever is lower ("Interest Rate"). In the event any check, bank draft or negotiable instrument given for any payments under this Lease which maximum rate shall be dishonored at any time substituted for any reason whatsoever not attributable to Landlord, Landlord shall be entitled, the rate in addition to any other remedy that may be available, to an administrative charge of $200.00excess thereof.

Late Charges and Interest. Tenant Lessee hereby acknowledges that late payment by Tenant Lessee to Landlord Lessor of Rent rent and other sums due hereunder will cause Landlord Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Landlord Lessor by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installments installment of Rent rent or any other sum due from Lessee shall not be received by Landlord Lessor or Landlord's Lessor’s designee within five (5) days after such amount shall be due, Tenant Lessee shall pay to Landlord Lessor a late charge equal to fifteen ten percent (1510%) of such overdue amount ("Late Charge")amount. The parties hereby agree that such Late Charge late charge represents a fair and reasonable estimate of the costs Landlord Lessor will incur by reason of late payments payment by TenantLessee. Acceptance of such Late Charge late charge by Landlord Lessor shall in no event constitute a waiver of Tenant's Lessee’s default with respect to such overdue amount, nor prevent Landlord Lessor from exercising any of the other rights and remedies granted hereunder. In additionNotwithstanding the foregoing, Tenant before assessing a late charge or late interest the first time in any one (1) year period, Lessor shall pay provide Lessee written notice of the delinquency, and shall waive such late charge and late interest on all Rent not paid on if Lessee pays such delinquency within five (5) days thereafter. If any rent or other sums due and payable under the date when due at an annual interest rate Lease remains delinquent for a period in excess of eighteen percent five (18%5) or the highest rate permitted by lawcalendar days, whichever is lower ("Interest Rate"). In the event any check, bank draft or negotiable instrument given for any payments under this Lease shall be dishonored at any time for any reason whatsoever not attributable to Landlord, Landlord shall be entitledthen, in addition to any other remedy late charge payable, Lessee shall pay to Lessor interest on any rent that may be availableis not so paid from the date due until paid at the then maximum rate of interest not prohibited or made usurious by Law, not to an administrative charge of $200.00exceed twelve percent (12%) per year.