Common use of Late Charges and Interest Clause in Contracts

Late Charges and Interest. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause 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 Lessor by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of rent or any other sum due from Lessee shall not be received by Lessor or Lessor’s designee within ten (10) days after such amount shall be due, Lessee shall pay to Lessor a late charge equal to ten percent (10%) of such overdue amount; provided that, unless Lessee has been more than ten (10) days late with any payment in the previous twelve-month period, Lessor shall give Lessee ten (10) days’ prior notice that a payment is due before charging a late charge. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee’s default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. If any rent or other sums due and payable under the Lease remains

Appears in 2 contracts

Samples: Triple Net Lease (Mobile Iron, Inc.), Triple Net Lease (Mobile Iron, Inc.)

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Late Charges and Interest. Lessee hereby Subtenant acknowledges that late payment any failure ------------------------- by Lessee it to Lessor timely pay any of rent and other sums due its obligations hereunder will result in and cause Lessor monetary loss to incur costs not contemplated Sublessor beyond the amount unpaid by this LeaseSubtenant, the exact amount of which will be such costs being extremely difficult and impracticable to ascertainfix. Such costs include, but are not limited towithout limitation, processing and accounting charges, charges and late charges which that may be imposed on Lessor Sublessor by the terms of any mortgage or trust deed covering Overlandlord under the PremisesMain Lease. AccordinglyTherefore, if any installment of rent or in addition to any other sum rights and remedies provided Sublessor, and any and all late charges that Sublessor is required to pay Overlandlord under the Main Lease, any and all payments, whether for rentals due from Lessee shall not be received by Lessor or Lessor’s designee within ten other charges, adjustments or assessments, which remain unpaid for five (105) days after such amount shall the respective due date, will be due, Lessee shall pay subject to Lessor a late an administrative service charge equal to ten of five percent (105%) of such overdue amount; provided that, unless Lessee has been more than ten (10) days the late with any payment in the previous twelve-month period, Lessor shall give Lessee ten (10) days’ prior notice that a payment is due before charging a late chargepayment. The parties hereby agree that such late this charge represents a fair and reasonable estimate of the costs Lessor Sublessor will incur by reason of such late payment by LesseeSubtenant and that such administrative service charge is intended to be liquidated damages and not a penalty with respect to any such late payment. Acceptance of any such late administrative service charge by Lessor shall in no event not constitute a waiver of Lessee’s Subtenant's default with respect to such the overdue amount, nor or prevent Lessor Sublessor from exercising any of the other rights and remedies granted hereunderavailable to Sublessor. If any rent or In addition to the foregoing and all other sums rights and remedies provided Sub lessor, all amounts payable hereunder which remain unpaid for five (5) days after their respective due dates shall bear interest at the Interest Rate from the date that the same became due and payable under to and including the Lease remainsdate of payment, whether or not demand is made therefor.

Appears in 1 contract

Samples: Sublease (R2 Technology Inc)

Late Charges and Interest. Lessee hereby acknowledges that late payment paym ent by Lessee to Lessor of rent and other sums due hereunder will cause 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 Lessor by the terms of or any mortgage or trust deed covering the Premises. Accordingly, if any installment of rent or any other sum due from Lessee lessee shall not be received by Lessor or Lessor’s 's designee within ten (10) days after such amount shall be due, Lessee shall pay to Lessor a late charge equal to ten percent (10%) of to________ such overdue amount; provided that, unless Lessee has been more than ten (10) days late with any payment in the previous twelve-month period, Lessor shall give Lessee ten (10) days’ days prior notice that a payment is due before charging a late charge. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. If any rent or other sums due and payable under the Lease remainsremains delinquent for a period in excess of ten (10) calendar days, then, in addition to any late charge payable, Lessee shall pay to Lessor interest on any rent that is not so paid from the date due until paid at the then maximum rate of interest not prohibited or made usurious by Law.

Appears in 1 contract

Samples: Attornment Agreement (Mobileiron, Inc.)

Late Charges and Interest. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause 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 Lessor by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of rent or any other sum due from Lessee shall not be received by Lessor or Lessor’s designee within ten (10) days after such amount shall be due, Lessee shall pay to Lessor a late charge equal to ten percent (10%) of such overdue amount; provided that, unless Lessee has been more than ten (10) days late with any payment in the previous twelve-month period, Lessor shall give Lessee ten (10) days’ prior notice that a payment is due before charging a late charge. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee’s default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. If any rent or other sums due and payable under the Lease remainsremains delinquent for a period in excess of ten (10) calendar days, then, in addition to any late charge payable, Lessee shall pay to Lessor interest on any rent that is not so paid from the date due until paid at the Interest Rate.

Appears in 1 contract

Samples: Triple Net Lease (D-Wave Quantum Inc.)

Late Charges and Interest. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause 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 Lessor by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of rent or any other sum due from Lessee shall not be received by Lessor or Lessor’s designee within ten (10) days after such amount shall be due, Lessee shall pay to Lessor a late charge equal to ten percent (10%) of such overdue amount; provided that, unless Lessee has been more than ten (10) days late with any payment in the previous twelve-month period, Lessor shall give Lessee ten (10) days’ days prior notice that a payment is due before charging a late charge. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee’s default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. If any rent or other sums due and payable under the Lease remainsremains delinquent for a period in excess of ten (10) calendar days, then, in addition to any late charge payable, Lessee shall pay to Lessor interest on any rent that is not so paid from the date due until paid at the then maximum rate of interest not prohibited or made usurious by Law.

Appears in 1 contract

Samples: Triple Net Lease (Mobileiron, Inc.)

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Late Charges and Interest. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder hereunder, including, without limitation, Utilities Costs as provided above, will cause 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 Lessor by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of rent or any other sum due from Lessee shall not be received by Lessor or Lessor’s designee within ten (10) days after such amount shall be due, Lessee shall pay to Lessor a late charge equal to ten five percent (105%) of such overdue amount; provided that, unless Lessee has been more than ten (10) days late with any payment in the previous twelve-month period, Lessor shall give Lessee ten (10) days’ prior notice that a payment is due before charging a late charge. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee’s default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. If any rent or other sums due and payable under the Lease remainsremains delinquent for a period in excess of five (5) calendar days, then, in addition to any late charge payable, Lessee shall pay to Lessor interest on any rent or sum that is not so paid from the date due until paid at the then maximum rate of interest not prohibited or made usurious by Law.

Appears in 1 contract

Samples: Triple Net Lease (Exar Corp)

Late Charges and Interest. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause 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, charges and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of rent or any other sum due from Lessee shall not be received by Lessor or Lessor’s designee within ten (10) days after such amount shall be due, Lessee shall pay to Lessor a late charge equal to ten percent (10%) of such overdue amount; provided that, unless Lessee has been more than ten (10) days late with any payment in the previous twelve-month period, Lessor shall give Lessee ten (10) days’ prior notice that a payment is due before charging a late charge. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee’s default with respect to so such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. If any rent or other sums due and payable under the Lease remains.

Appears in 1 contract

Samples: Lease Agreement (ZS Pharma, Inc.)

Late Charges and Interest. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Leaselease, 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 Lessor by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of rent or any other sum due from Lessee shall not be received by Lessor or Lessor’s 's designee within ten (10) days after written notice from Lessor of such amount shall be duedelinquency, Lessee shall pay to Lessor a late charge equal to ten percent (10%) of such overdue amount; provided that, unless Lessee has been more than ten (10) days late with any payment in the previous twelve-month period, Lessor shall give Lessee ten (10) days’ prior notice that a payment is due before charging a late charge. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. If any rent or other sums due and payable under the Lease remainsremains delinquent for a period in excess of ten (10) calendar days, then, in addition to any late charge payable, Lessee shall pay to Lessor interest on any rent that is not so paid from the date due until paid at the then maximum rate of interest not prohibited or made usurious by Law. SURRENDER OF LEASE

Appears in 1 contract

Samples: Building Lease Agreement (Drexler Technology Corp)

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