Common use of Late Charges Clause in Contracts

Late Charges. 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 upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or 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, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. 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 or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 47 contracts

Samples: Lease Agreement (Staar Surgical Company), Lease Agreement (3dshopping Com), Lease Agreement (K Swiss Inc)

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Late Charges. 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 upon Lessor by the terms of any ground lease, mortgage or trust deed of trust 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 five (105) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. 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 or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 31 contracts

Samples: Standard Industrial/Commercial Single Tenant Lease Gross (Boyds Wheels Inc), Standard Industrial/Commercial Single Tenant Lease Gross (Ddi Corp), Standard Industrial/Commercial Single Tenant Lease Net (Details Inc)

Late Charges. 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 upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust 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, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. 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 or Breach default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentrent, then rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph 4.1 paragraph 4 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 23 contracts

Samples: Lease Agreement (Microtel International Inc), Standard Industrial Lease (Rockford Corp), Stock Purchase Agreement (99 Cents Only Store)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder Rent 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 upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the PremisesLender. Accordingly, if any installment of rent or other sum due from Lessee Rent shall not be received by Lessor or Lessor's designee within ten five (105) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a one-time late charge equal to six ten percent (610%) of each such overdue amount. The parties Parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of such late payment by Lesseepayment. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising the exercise of any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 14 contracts

Samples: Standard Industrial/Commercial Single Tenant Lease (Cii Financial Inc), Standard Industrial/Commercial Single Tenant Lease Net (Petco Animal Supplies Inc), Lease Agreement (Sync Research Inc)

Late Charges. 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 upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or 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, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. The parties 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 or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 12 contracts

Samples: Assignment of Lease (Futurelink Corp), Lease Agreement (Accelerated Networks Inc), Standard Industrial/Commercial Multi Tenant Lease (Lightspan Partnership Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and Base Rent, Lessee's Share of Operating Expenses or 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 upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the PremisesProperty. Accordingly, if any installment of rent Base Rent, Operating Expenses, 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, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. 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 or Breach default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentany of the aforesaid monetary obligations of Lessee, then Base Rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 8 contracts

Samples: Standard Industrial Lease (Qad Inc), Standard Industrial Lease (Qad Inc), Standard Industrial Lease (Qad Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder Rent 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 upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the PremisesLender. Accordingly, if any installment of rent or other sum due from Lessee Rent shall not be received by Lessor or Lessor's designee within ten (10) 5 days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall immediately pay to Lessor a one-time late charge equal to six percent (6%) 10% of each such overdue amountamount or $100, whichever is greater. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of such late payment by Lesseepayment. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's ’s Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising the exercise of any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) 3 consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's ’s option, become due and payable quarterly in advance.

Appears in 8 contracts

Samples: Lease Agreement (Social Capital Suvretta Holdings Corp. I), Standard Industrial/Commercial Multi Tenant Lease Gross (Social Capital Suvretta Holdings Corp. I), Standard Industrial/Commercial Multi Tenant Lease Net (Cue Health Inc.)

Late Charges. Lessee hereby acknowledges that late payment by Lessee Xxxxxx 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 upon Lessor by the terms of any ground lease, mortgage or trust deed of trust 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 five (105) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. 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 LesseeXxxxxx. Acceptance of such late charge by Lessor shall in no event constitute a waiver of LesseeXxxxxx's Default or Breach with respect to such overdue amount, nor prevent Lessor Xxxxxx from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 5 contracts

Samples: Lease Agreement (Future Media Productions), Lease Agreement (BGF Industries Inc), Lease Agreement (Hydrogen Burner Technology Inc)

Late Charges. 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 upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or other sum due from Lessee shall not be received by Lessor or Lessor's ’s designee within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. 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 or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's ’s option, become due and payable quarterly in advance.

Appears in 5 contracts

Samples: Lease Agreement (Emmaus Holdings, Inc.), Lease Agreement (Parametric Sound Corp), Standard Industrial/Commercial Multi Tenant Lease (Emmaus Holdings, Inc.)

Late Charges. 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 upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or 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, then, without any requirement for with written notice to LesseeLessee from Lessor, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. 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 or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 4 contracts

Samples: Form 10 K/A, Annual Report, Lease Agreement (Amerigon Inc)

Late Charges. Lessee Tenant hereby acknowledges that late payment by Lessee Tenant to Lessor Landlord of rent and other sums due hereunder will cause Lessor 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 chargescharges and other administrative costs, and late charges which may be imposed upon Lessor on Landlord by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or any other sum due from Lessee Tenant shall not be received by Lessor Landlord or LessorLandlord's designee within ten twenty (1020) days after such amount shall be due, then, without any requirement for notice to LesseeTenant (and notwithstanding any other remedy Landlord may have hereunder), Lessee Tenant shall be obliged to pay to Lessor Landlord, along with the delinquent amount, a late charge equal to six percent (6%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor cost Landlord will incur by reason of late payment by LesseeTenant. Acceptance of such late charge by Lessor Landlord shall in no event constitute a waiver of LesseeTenant's Default or Breach default with respect to such overdue amount, nor prevent Lessor Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentrent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph 4 or any other provisions of this Lease to the contrary. See also Paragraph 19 regarding interest on past-due obligations.

Appears in 4 contracts

Samples: Commercial Lease (Imarx Therapeutics Inc), Commercial Lease (Imarx Therapeutics Inc), Commercial Lease (Imarx Therapeutics Inc)

Late Charges. 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 upon Lessor Less or by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or 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, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. 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 lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, option become due and payable quarterly in advance.

Appears in 4 contracts

Samples: Lease Agreement (Centaur Pharmaceuticals Inc), Standard Industrial/Commercial Multi Tenant Lease Gross (Centaur Pharmaceuticals Inc), Lease Agreement (Centaur Pharmaceuticals Inc)

Late Charges. 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 upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust 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 ’s designated agent within ten five (105) business days after such amount shall be due, then, without any requirement for notice to Lesseeis due and owing, Lessee shall pay to Lessor a late charge equal to six five percent (65%) of such overdue amount. 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 an Event of Lessee's ’s Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In Notwithstanding the event foregoing, Lessor shall grant Lessee one (1) late payment during the first twelve (12) months of the Lease Term without late charge, provided that a late charge is payable hereunder, whether or not collected, for three Lessee shall pay the applicable delinquent amount within five (35) consecutive installments business days following written notice from Lessor of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advancesuch delinquency.

Appears in 4 contracts

Samples: Triple Net Space Lease (PDL Biopharma, Inc.), Triple Net Space Lease (Biotech Spinco, Inc.), Triple Net Space Lease (PDL Biopharma, Inc.)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur 10 111CM 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 upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the Premisespremises. Accordingly, if any installment of rent or 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, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such M Such overdue amount. 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 or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive Initials:________ _______ -13- installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, . at Lessor's option, become due and payable quarterly in advance.

Appears in 4 contracts

Samples: Purchase and Sale Agreement (Artest Corp), Sublease Agreement (Artest Corp), Purchase and Sale Agreement (Artest Corp)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums such 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 includeInclude, but are not limited to, processing and accounting charges, and end late charges which may be imposed upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if If any installment Installment of rent or other sum due from to Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) ten percent (10%) of such overdue amount. 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 shell In no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. : In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments Installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in In advance.

Appears in 4 contracts

Samples: Lease Agreement (Amexdrug Corp), Lease Agreement (Amexdrug Corp), Lease Agreement (Amexdrug Corp)

Late Charges. 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 upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust 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 designated agent within ten five (105) days after such amount shall be due, then, without any requirement for notice to Lesseeis due and owing, Lessee shall pay to Lessor a late charge equal to six ten percent (610%) of such overdue amount. 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 or Breach default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentrent, then rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph 4.1 Section 4.01 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 3 contracts

Samples: Triple Net Building Lease (Broadvision Inc), Triple Net Building Lease (Broadvision Inc), Triple Net Building Lease (Broadvision Inc)

Late Charges. 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 upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or 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, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. The parties 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 or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shallshaft, at Lessor's option, become due and payable quarterly in advance.

Appears in 3 contracts

Samples: Lease Agreement (Gsi Technology Inc), Lease Agreement (Gsi Technology Inc), Lease Agreement (Gsi Technology Inc)

Late Charges. 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 upon Lessor by the terms of any ground lease, mortgage or trust deed of trust 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 five (105) days after receipt of notice from Lessor that such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor 40 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 or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 3 contracts

Samples: Assignment and Assumption of Sublease (Marimba Inc), Assignment and Assumption of Sublease (Marimba Inc), Assignment and Assumption of Sublease (Marimba Inc)

Late Charges. 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 upon Lessor by the terms of any ground lease, mortgage or trust deed of trust 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, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. 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 or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 3 contracts

Samples: Sublease Agreement (Genoptix Inc), Standard Industrial/Commercial Multi Tenant Lease (Intertrust Technologies Corp), Standard Industrial/Commercial Single Tenant Lease (Formfactor Inc)

Late Charges. 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 upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust 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 such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. 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 or Breach ’s default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentrent, then rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph 4.1 paragraph 4 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 3 contracts

Samples: Standard Industrial Lease (TUTOR PERINI Corp), Standard Industrial Lease (Patriot Motorcycle Corp), Standard Industrial Lease (Patriot Motorcycle Corp)

Late Charges. Lessee Tenant hereby acknowledges that late payment by Lessee Tenant to Lessor Landlord of rent and other sums due hereunder will cause Lessor 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 upon Lessor Landlord by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or other sum due from Lessee Tenant shall not be received by Lessor Landlord or Lessor's Landlord’s designee within ten five (105) days after such amount shall be due, then, without any requirement for notice to LesseeTenant, Lessee Tenant shall pay to Lessor Landlord a late charge equal to six ten percent (610%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor Landlord will incur by reason of late payment by LesseeTenant. Notwithstanding the foregoing, Landlord will not assess a late charge until Landlord has given written notice of such late payment for the first late payment in any twelve (12) month period and after Tenant has not cured such late payment within three (3) days from receipt of such notice. No other notices will be required during the following twelve (12) months for a late charge to be incurred. Acceptance of such late charge by Lessor be Landlord shall in no event constitute a waiver of Lessee's Tenant’s Default or Breach with respect to such overdue amount, nor prevent Lessor Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's Landlord’s option, become due and payable quarterly in advance.

Appears in 3 contracts

Samples: Standard Industrial/Commercial Single Tenant Lease Modified Net (Ooma Inc), Standard Industrial/Commercial Single Tenant Lease Modified Net (Ooma Inc), Lease Agreement (EGAIN Corp)

Late Charges. 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 upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust 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 designated agent within ten five (105) days after such amount shall be due, then, without any requirement for notice to Lesseeis due and owing, Lessee shall pay to Lessor a late charge equal to six five percent (65%) of such overdue amount. 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 or Breach default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentrent, then rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph 4.1 Section 4.01 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 3 contracts

Samples: Sublease (Interwoven Inc), Triple Net Building Lease (At Home Corp), Triple Net Building Lease (At Home Corp)

Late Charges. Lessee Sublessee hereby acknowledges that late payment by Lessee to Lessor Sublessee of rent and other sums due hereunder Rent will cause Lessor Sublessor to incur costs not contemplated by this Leasethe Sublease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, to processing and accounting charges, and late charges charges, which may be imposed upon Lessor Sublessor by the terms of any ground lease, mortgage or deed of trust covering the PremisesLender. Accordingly, if any installment Rent, under the terms of rent or other sum due from Lessee shall this Sublease, is not be received by Lessor or Lessor's designee Sublessor within ten five (105) days after such amount shall be due, then, without any requirement for notice to LesseeSublessee, Lessee Sublessee shall pay to Lessor Sublessor, a one-time late charge equal to six ten percent (610%) of each such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor Sublessor will incur by reason of such late payment by Lesseepayment. Acceptance of such late charge by Lessor Sublessor shall in no event constitute a waiver of Lessee's Sublessee Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising the exercise of any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease Sublease to the contrary, Base Rent shall, at Lessor's Sublessor’s option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Sublease (Switch & Data, Inc.), Sublease (Switch & Data, Inc.)

Late Charges. 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 includeInclude, but are not limited lim4ed to, processing and accounting charges, and late charges which may be imposed upon Lessor by the terms of any ground lease, mortgage or deed dead of trust covering trust.@tovering the Premises. ' Accordingly, if any installment of rent or other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten tan (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur 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 or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Standard Industrial/Commercial Multi Tenant Lease (DCH Technology Inc), Standard Industrial/Commercial Multi Tenant Lease (DCH Technology Inc)

Late Charges. Lessee hereby acknowledges that a late payment made by Lessee to Lessor of rent 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 charges, which may be imposed upon on Lessor by according to the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of base monthly rent or other sum due from Lessee shall monthly estimate of CAC is not be received by Lessor or Lessor's ’s designee within five (5) days after such amount is due (provided, however, that, on the first occasion in any calendar year that Lessee is delinquent in payment of base monthly rent or monthly estimate of CAC, Lessor shall give Lessee written notice thereof, and no late charge shall be payable so long as Lessee pays such past-due amount within three (3) days thereafter) or if any other Rent or other sum payable to Lessor is not received by Lessor or Lessor’s designee within ten (10) days after such amount shall be due, then, without any requirement for Lessor delivers a written notice to Lessee, Lessee shall pay to Lessor a late charge equal to six five percent (65%) of such overdue amount. 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 payments made by Lessee. Acceptance of such late charge charges by Lessor shall in no event constitute a waiver of Lessee's Default or Breach ’s default with respect to such overdue amount, nor shall it prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Sipex Corp), Lease Agreement (Sipex Corp)

Late Charges. 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 upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust 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, then, without any requirement requirements for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. 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 or Breach default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentrent, then rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph 4.1 paragraph 4 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Standard Industrial Lease (Atmi Inc), Standard Industrial Lease (Image Entertainment Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and or 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, loss of discounts offered by vendors for prompt payment of bills, processing and accounting charges, and late charges which may be imposed upon Lessor by the terms of any ground lease, lease (wherein the Lessor has leased the land on which the Building is situated) or mortgage or trust deed of trust covering the Premisesleased premises and the Building. Accordingly, if any installment of rent or other any sum due from Lessee shall not be received by Lessor or Lessor's designee within ten five (105) days after such said amount shall be is due, then, without any requirement for notice to Lessee, then Lessee shall pay to Lessor a late charge equal to six the maximum amount permitted by law (or in the absence of any governing law, ten percent (610%) of such overdue amount), plus any attorneys' fees incurred by Lessor by reason of Lessee's failure to pay rent and/or other charges when due hereunder. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Lessor will incur by reason of the late payment by Lessee. Acceptance of such late charge charges by the Lessor shall in no event constitute a waiver of Lessee's Default or Breach default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Lease Agreement (Persistence Software Inc), Lease Agreement (Tangible Asset Gallaries Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor Authority of rent and other sums due hereunder will cause Lessor Authority 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 that may be imposed upon Lessor Authority by the terms of any ground lease, mortgage or deed of trust covering the PremisesMaster Lease. Accordingly, if any installment of rent or other sum due from Lessee shall not be received by Lessor or Lessor's designee Authority within ten (10) days after such amount shall be due, then, then without any requirement for notice to Lessee, Lessee shall pay to Lessor Authority a late charge equal to six ten percent (610%) of such overdue amount. The parties hereby agree that such a late charge represents a fair and reasonable estimate of the costs Lessor cost Authority will incur by reason of late payment by Lessee. Acceptance of such a late charge by Lessor Authority shall in no event constitute a waiver of Lessee's Default or Breach ’s default with respect to such overdue amount, nor prevent Lessor Authority from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of the Base Rent, then notwithstanding Paragraph 4.1 Article 3 or any other provision of this Lease to the contrary, the Base Rent shall, shall at Lessor's Authority’s option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Hangar Land Lease Agreement, Hangar Land Lease Agreement

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder Rent 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 upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the PremisesLender. Accordingly, if any installment of rent or other sum due from Lessee Rent shall not be received by Lessor or Lessor's designee within ten (10) 5 business days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a one-time late charge equal to six percent (6%) 5% for delay of less than 10 days and 10% for delay beyond 10 days of each such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of such late payment by Lesseepayment. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising the exercise of any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) 3 consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Standard Multi Tenant Office Lease (Eye Dynamics Inc), Standard Multi Tenant Office Lease (Eye Dynamics Inc)

Late Charges. 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 upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust 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, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. 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 or such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentrent, then rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph 4.1 paragraph 4 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Standard Industrial Lease (Park Electrochemical Corp), Standard Industrial Lease (Park Electrochemical Corp)

Late Charges. 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 upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or 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, then, without any requirement for notice notices to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. 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 or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Lease Agreement (Arterial Vascular Engineering Inc), Lease Agreement (Arterial Vascular Engineering Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee Xxxxxx 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 upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust 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, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. 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 LesseeXxxxxx. Acceptance of such late charge by Lessor shall in no event constitute a waiver of LesseeXxxxxx's Default or Breach default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentrent, then rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph 4.1 paragraph 4 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Sublease Agreement (Iprint Com Inc), Lease Agreement (Specialty Laboratories)

Late Charges. Lessee hereby acknowledges that a late payment made by Lessee to Lessor of rent 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 charges, which may be imposed upon on Lessor by according to the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of base monthly rent or other sum due from Lessee shall monthly estimate of CAC is not be received by Lessor or Lessor's ’s designee within ten five (105) days after such amount shall be due, then, without is due or if any requirement for other Rent or other sum payable to Lessor is not received by Lessor or Lessor’s designee within thirty (30) days after Lessor delivers a written notice to Lessee, Lessee shall pay to Lessor a late charge equal to six five percent (65%) of such overdue amount. 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 payments made by Lessee. Acceptance of such late charge charges by Lessor shall in no event constitute a waiver of Lessee's Default or Breach ’s default with respect to such overdue amount, nor shall it prevent Lessor from exercising any of the other rights and remedies granted hereunder. In Notwithstanding the event above, no late charge will be incurred until after one written notice of late payment is given by Lessor in any twelve (12) month period. Even for that one notice, a late charge will be incurred unless the payment is payable hereunder, whether or not collected, for made within three (3) consecutive installments days of Base Rentreceipt of the notice. After the one notice, then notwithstanding Paragraph 4.1 or no notice will be required for any other provision of this Lease subsequent late payment for the next twelve (12) months thereafter for a late charge to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advancebe incurred.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement (Infoblox Inc)

Late Charges. 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 upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after such amount shall be when due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. 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 or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Lease Agreement (Objectshare Inc), Lease Agreement (Starbase Corp)

Late Charges. 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 upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or other sum due from Lessee shall not be received by Lessor or Lessor's designee designed within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, . Lessee shall pay to the Lessor a late charge equal to six percent (6%) of such overdue amount. 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 or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Lease Addendum (Gametech International Inc), Lease Agreement (Gametech International Inc)

Late Charges. 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 costs, include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor by the terms of any ground lease, mortgage or trust deed of trust 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 five (105) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. 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 or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, . Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Standard Industrial/Commercial Single Tenant Lease (CCC Globalcom Corp), Standard Industrial/Commercial Single Tenant Lease (Incomnet Inc)

Late Charges. 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 upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or other sum due from Lessee shall not be received by Lessor or Lessorlessor's designee within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. 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 or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. : In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Standard Industrial/Commercial Multi Tenant Lease (Supergen Inc), Lease Agreement (Supergen Inc)

Late Charges. 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 upon Lessor by the terms of any ground lease, mortgage or trust deed of trust 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 five (105) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. 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 or Breach with respect to such overdue amount, amount nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Standard Industrial/Commercial Single Tenant Lease Gross (Consolidated Capital of North America Inc), Lease Agreement (Consolidated Capital of North America Inc)

Late Charges. Lessee hereby The sums and charges set forth in this Section 8 shall be “Additional Rent”. Tenant acknowledges that late payment by Lessee to Lessor (the third (3rd) day of rent each month or any time thereafter) of Rent and all other sums due hereunder hereunder, will cause Lessor Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs may include, but are not limited towithout limitation, processing and accounting charges, and late charges which that may be imposed upon Lessor on Landlord by the terms of any ground leasenote secured by any encumbrance against the Premises, mortgage or deed and late charges and penalties due to the late payment of trust covering real property taxes on the Premises. AccordinglyTherefore, if any installment of rent Rent or any other sum due from Lessee shall payable by Tenant is not be received by Lessor or Lessor's designee Landlord within ten three (103) days after such amount of the due date, Tenant shall be due, then, without any requirement for notice to Lessee, Lessee shall promptly pay to Lessor Landlord a late charge charge, as liquidated damages, in an amount equal to six five percent (65%) of such overdue amountdelinquent amount plus interest thereon at ten percent (10%) per annum, such interest to commence thirty (30) days after the original due date for such payment, for every subsequent month or portion thereof that such sums remain unpaid. If Tenant delivers to Landlord two (2) checks for which there are not sufficient funds, Landlord may require Tenant to replace such check with a cashier’s check for the amount of such check and all other charges payable hereunder. The parties hereby agree that such this late charge represents and the other charges referenced above represent a fair and reasonable estimate of the costs Lessor that Landlord will incur by reason of such late payment by LesseeTenant, excluding attorneys’ fees and costs. Acceptance of such any late charge by Lessor or other charges shall in no event not constitute a waiver by Landlord of Lessee's Default or Breach Tenant’s default with respect to such overdue the delinquent amount, nor prevent Lessor Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, available to Landlord for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision default of Tenant under this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advanceLease.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement (Restoration Robotics Inc)

Late Charges. Lessee Tenant hereby acknowledges that late payment by Lessee Tenant to Lessor Landlord of rent and other sums due hereunder will cause Lessor 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 upon Lessor Landlord by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or other sum due from Lessee Tenant shall not be received by Lessor Landlord or Lessor's Landlord’s designee within ten five (105) days after such amount shall be due, then, without any requirement for notice to LesseeTenant, Lessee Tenant shall pay to Lessor Landlord a late charge equal to six ten percent (610%) of such overdue amount. However, no late charge shall be due until after the first late payment in any twelve (12) month period where Tenant is given a three (3) day written notice that the payment is late. So long as Tenant pays within that notice period, no late charge will be due on that payment. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor Landlord will incur by reason of late payment by LesseeTenant. Acceptance of such late charge by Lessor be Landlord shall in no event constitute a waiver of Lessee's Tenant’s Default or Breach with respect to such overdue amount, nor prevent Lessor Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's Landlord’s option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Standard Industrial/Commercial Multi Tenant Lease Modified Net (Accelrys, Inc.), Standard Industrial/Commercial Multi Tenant Lease Modified Net (Symyx Technologies Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder Rent 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 upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the PremisesLender. Accordingly, if any installment of rent or other sum due from Lessee Rent shall not be received by Lessor or Lessor's designee within ten (10) We- (b) days after such amount shall be due, then, without any requirement for notice to Lessee, except that If Lessor has not received the rent within five (5) days, Lessor shall Inform Lessee via written notice, Lessee shall pay to Lessor a one-time late charge equal to six ten percent (610%) of each such overdue amount. The parties Parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of such late payment by Lesseepayment. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's ’s Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising the exercise of any of the other rights and remedies granted hereunder. In the event that a late charge is Is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's ’s option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Standard Industrial/Commercial Single Tenant Lease (Nextest Systems Corp), Standard Industrial/Commercial Single Tenant Lease (Nextest Systems Corp)

Late Charges. 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 upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust 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 designated agent within ten five (105) business days after such amount shall be due, then, without any requirement for notice to Lesseeis due and owing, Lessee shall pay to Lessor a late charge equal to six five percent (65%) of such overdue amount. 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 or Breach default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentrent, then rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph 4.1 Section 4.01 or any other provision of this Lease to the contrary. Lease provided that if no further late payments (and no other default) occur for a continuous six (6) month period, payment of Base Rent shall, at Lessor's option, become due and payable quarterly in advanceshall return to the original payment schedule.

Appears in 2 contracts

Samples: Triple Net Building Lease (Informatica Corp), Triple Net Building Lease (Informatica Corp)

Late Charges. 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 upon Lessor by the terms of any ground lease, mortgage or trust deed of trust 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, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. 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 date charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Lease Agreement (Meade Instruments Corp), Lease Agreement (Meade Instruments Corp)

Late Charges. 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 upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or 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, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. 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 or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Lease Agreement (Zytec Corp /Mn/), Lease Agreement (Zytec Corp /Mn/)

Late Charges. 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 upon Lessor by the terms of any ground lease, mortgage or trust deed of trust 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 five (105) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. 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 or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, . Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Standard Industrial/Commercial Single Tenant Lease (Vitria Technology Inc), Sublease Agreement (Exodus Communications Inc)

Late Charges. 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 upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust 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 designated agent within ten five (105) days after such amount shall be due, then, without any requirement for notice to Lesseeis due and owing, Lessee shall pay to Lessor a late charge equal to six (i) 3% of such overdue amount the first time a late charge is payable, and (ii) five percent (65%) of such overdue amountamount every other time a late charge is payable during the Lease Term. 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 or Breach default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentrent, then rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph 4.1 Section 4.01 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Sublease (Threshold Pharmaceuticals Inc), Triple Net Space Lease (Arqule Inc)

Late Charges. 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 upon Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the [he 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, on the first day of each month then, without any requirement for notice to Lessee, . Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. 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 or Breach with respect to such overdue amount, nor not prevent Lessor from exercising any of the other rights and remedies granted hereunder. , In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Single Tenant Lease (Microage Inc /De/), Single Tenant Lease (Microage Inc /De/)

Late Charges. 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 upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or 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, then, then without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. 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 or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether hereunder where or not collected, collected for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, shall at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Standard Industrial/Commercial Multi Tenant Lease (Homestead Com Inc), Lease Agreement (Homestead Com Inc)

Late Charges. 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 upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust 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 designated agent within ten five (105) days after such amount shall be due, then, without any requirement for notice to Lesseeis due and owing, Lessee shall pay to Lessor a late charge equal to six five percent (65%) of such overdue amount. 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 or Breach default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentrent, then rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph 4.1 Section 4.01 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Triple Net Multiple Building Lease (Ariba Inc), Sublease (Netscreen Technologies Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and Base Rent, Lessee's Share of Operating Expenses or 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 upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the PremisesProperty. Accordingly, if any installment of rent Base Rent, Operating Expenses, or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after written notice that such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. 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 or Breach default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentany of the aforesaid monetary obligations of Lessee, then Base Rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Standard Industrial Lease (Progenitor Inc), Standard Industrial Lease (Progenitor Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and Base Rent, Operating Expenses or 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 upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent Base Rent, Operating Expenses or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten five (105) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six ten percent (610%) of such overdue amount. 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 or Breach default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentany of the aforesaid monetary obligations of Lessee, then Base Rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph Section 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Standard Industrial Lease (International Microcircuits Inc), Standard Industrial Lease (Cepheid)

Late Charges. 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 upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust 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, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. 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 lessor shall in no event constitute a waiver of Lessee's Default or Breach default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentrent, then rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph 4.1 paragraph 4 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Standard Industrial Lease (Transgenomic Inc), Standard Industrial Lease (Leiner Health Products Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and Base Rent, Lessee's Share of Operating Expenses or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be impracticable or extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the Premisesproperty. Accordingly, if any installment of rent Base rent, Operating Expenses, or any other sum due from Lessee shall not be received by Lessor or Lessor's designee designate within ten five (105) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor Lessor, in addition to the amount due, a late charge equal to six percent ten (610%) percent of such overdue amount. 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 or Breach default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, at equity or by law, whether or not collected, for three (3) consecutive installments of Base Rentany of the aforesaid monetary obligations of Lessee, then Base Rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance. /s/ EAS Lessees Initials 14. Condemnation; Retroactive Building Code Changes.

Appears in 2 contracts

Samples: Commercial Lease (Quadrax Corp), Commercial Lease (Quadrax Corp)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and or 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 upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten fifteen (1015) days after such amount shall be it is due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six five percent (65%) of such overdue amount. The parties hereby agree that such late charge represents a fair and , plus any reasonable estimate of the costs attorneys' fees incurred by Lessor will incur by reason of Lessee's failure to pay rent or other charges when due hereunder; provided, that if Lessee pays any rent five (5) or more days late payment by Lesseeon three (3) or more occasions in any twelve-month period, then the aforementioned 15-day grace period shall, for the remainder of the term hereof, be reduced to five (5) days. Acceptance of such late charge charges by Lessor shall in no event not constitute a waiver of Lessee's Default or Breach default with respect to such overdue amount, nor amount or prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that Acceptance of late rent without collecting a late charge is payable hereunder, whether or shall not collected, for three (3) consecutive installments be a waiver of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advancerights under this Section.

Appears in 2 contracts

Samples: Lease Agreement (Go2net Inc), Lease (Infospace Inc)

Late Charges. 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 upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust 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 ’s designated agent within ten five (105) business days after such amount shall be due, then, without any requirement for notice to Lesseeis due and owing, Lessee shall pay to Lessor a late charge equal to six five percent (65%) of such overdue amount. 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 or Breach ’s default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentrent, then rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph 4.1 Section 4.01 or any other provision of this Lease to the contrary, provided that if no further late payments (and no other default) occur for a continuous six (6) month period, payment of Base Rent shall, at Lessor's option, become due and payable quarterly shall return to the original payment schedule as described in advance.exhibit E.

Appears in 2 contracts

Samples: Sublease Agreement (Openwave Systems Inc), Sublease Agreement (Openwave Systems Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder Rent 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 upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the PremisesLender. Accordingly, if any installment of rent or other sum due from Lessee Rent shall not be received by Lessor or Lessor's designee within ten (10) 5 days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a one-time late charge equal to six percent (6%) of $1,500.00 for each such overdue amountamount during the first lease year and $3,000.00 for each such overdue amount thereafter. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of such late payment by Lesseepayment. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's ’s Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising the exercise of any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) 3 consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's ’s option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Standard Industrial/Commercial Multi Tenant Lease (ChemoCentryx, Inc.), Standard Industrial/Commercial Multi Tenant Lease (ChemoCentryx, Inc.)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and Base Rent, Lessee's Share of Operating Expenses or 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, to processing and accounting charges, and late charges which may be imposed upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the PremisesIndustrial Center. Accordingly, if any installment of rent Base Rent, Operating Expenses, or any other sum due from Lessee shall not be received by Lessor or to Lessor's designee within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. 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 or Breach default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentany of the aforesaid obligations of Lessee, then Base Rent shall automatically become due and payable quarter in advance, rather than monthly, notwithstanding Paragraph paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Standard Industrial Lease (Coyote Sports Inc), Standard Industrial Lease (Coyote Sports Inc)

Late Charges. 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. ascertain Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or 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, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. The parties 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 or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Lease Agreement (Futon World Inc), Lease Agreement (Futon World Inc)

Late Charges. Lessee hereby acknowledges that a late payment made by Lessee to Lessor of rent 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 charges, which may be imposed upon on Lessor by according to the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent Rent or any other sum due from Lessee shall is not be received by Lessor or Lessor's designee within ten (10) days after such amount shall be is due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent five (65%) percent of such overdue amount. 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 payments made by Lessee. Acceptance of such late charge charges by Lessor shall in no event constitute a waiver of Lessee's Default or Breach default with respect to such overdue amount, nor shall it prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a No more than once per calendar year, such late charge is shall not be due and payable hereunder, whether or not collected, for three (3) consecutive installments from Lessee if an installment of Base Rent, then notwithstanding Paragraph 4.1 Rent or any other provision of this Lease to the contrary, Base Rent shall, at sum due from Lessee is not received by Lessor or Lessor's option, become designee within said ten (10) day period after such amount is due and payable quarterly in advanceif Lessee delivers payment of such overdue amount within five (5) business days after Lessor's delivery of notice to Lessee that such overdue amount has not been received by Lessor.

Appears in 2 contracts

Samples: Lease Agreement (Mission West Properties/New/), Lease Agreement (Cisco Systems Inc)

Late Charges. 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 upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or 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, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. 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 or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3three(3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Lease Agreement (Pets Com Inc), Lease Agreement (Pets Com Inc)

Late Charges. Lessee hereby acknowledges that a late payment made by Lessee to Lessor of rent 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 charges, which may be imposed upon on Lessor by according to the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent Rent or any other sum due from Lessee shall is not be received by Lessor or Lessor's designee within ten five (105) days after such amount shall be is due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent five (65%) percent of such overdue amount. 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 payments made by Lessee. Acceptance of such late charge charges by Lessor shall in no event constitute a waiver of Lessee's Default or Breach default with respect to such overdue amount, nor shall it prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that Lessor shall allow two late payments during any 12 month period as a result of accounting errors and give Lessee a notice of delinquency and a five day cure period before any late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advanceimposed.

Appears in 2 contracts

Samples: Lease Agreement (Oni Systems Corp), Lease Agreement (Oni Systems Corp)

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Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and Rentals or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be are impracticable or extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the PremisesPremises or any part of the Project. Accordingly, if any installment of rent Rentals or any other sum due from Lessee shall is not be received by Lessor or Lessor's designee within ten five (105) (days after such amount shall be duethe due date, then, without any requirement for notice to Lessee, then Lessee shall pay to Lessor Lessor, in each case, a late charge equal to six five percent (65%) of such overdue amount; provided, however, that with respect to the first and second such late payment in any twelve (12) month period during the Term, such late charge shall not be payable unless such late payment by Lessee shall not be cured within five (5) days following Lessee's receipt of written notice from Lessor of such late payment. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs cost that Lessor will incur by reason of late payment by Lessee. Acceptance of such any late charge charges by Lessor shall in no event constitute a waiver of Lessee's Default or Breach default with respect to such overdue amount, nor prevent Lessor from exercising any of the its other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of under this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advanceLease.

Appears in 2 contracts

Samples: Office Lease (Doubleclick Inc), Office Lease (Netgravity Inc)

Late Charges. Should Lessee hereby acknowledges fail to pay, when due and payable, the minimum monthly rental or any additional rental, such unpaid amounts shall bear interest at the maximum legal rate from the date the debt was incurred to the date of ultimate payment. Said interest amount shall be in addition to, and not in lieu of, any late charge assessed for the debt incurred. Late charges shall not be included in calculating interest due. In addition to such interest, ?ILLEGIBLE? stipulates that the late payment by Lessee to Lessor of rent and other sums due hereunder any monthly rental/additional rental will cause Lessor to incur certain costs and expenses not contemplated ?ILLEGIBLE? by this Leasethe parties/lease hereto, the exact amount of which will be costs are extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the Premises. AccordinglyAs such, if any such installment of rent or other sum due from Lessee shall is not be received by Lessor or Lessor's designee from Lessee within ten five (105) days after such amount shall be due, then, without any requirement for notice to Lesseeof its due date, Lessee shall forthwith pay to Lessor as additional rent, a late charge equal to six of ten percent (610%) of such overdue amountthat amount due. The parties hereby Lessor and Lessee agree that such late charge represents a fair and reasonable estimate of such costs and expenses and is fair compensation to Lessor for the costs Lessor will incur loss caused by reason Xxxxxx's nonpayment. Payment(s) made by Lessee shall be applied by Lessor, subject to Xxxxxx's sole discretion, first to late charges incurred, then to common area maintenance/operating expense as additional rent, and lastly to base rent. Xxxxxx's acceptance of late payment by Lessee. Acceptance of such this late charge by Lessor shall in no event not constitute a waiver of LesseeXxxxxx's Default or Breach default with respect to such overdue amountnonpayment of the subject debt, nor prevent Lessor from exercising any of the all other rights and remedies granted hereunder. In the event that a late charge is payable hereunderrights, whether claims, or not collectedremedies, for three (3) consecutive installments of Base Rentknown or unknown, then notwithstanding Paragraph 4.1 available to Lessor pursuant to this lease or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advanceunder California or federal law.

Appears in 2 contracts

Samples: Assignment of Lease (Redenvelope Inc), Assignment of Lease (Redenvelope Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder Rent 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 upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the PremisesLender. Accordingly, if any installment of rent or other sum due from Lessee Rent shall not be received by Lessor or Lessor's designee within ten (10) 5 days after such amount shall be duedue and within another 5 days after written notice by Lessor (however, Lessor shall only be required to provide a maximum of one written notice every two calendar years, otherwise no written notice is required), then, without any additional requirement for notice to Lessee, Lessee shall immediately pay to Lessor a one-time late charge equal to six percent (6%) % of each such overdue amountamount or $100, whichever is greater. The parties Parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of such late payment by Lesseepayment. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising the exercise of any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) 3 consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Standard Industrial/Commercial Single Tenant Lease (Amistar Corp), Purchase and Sale Agreement (Amistar Corp)

Late Charges. 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 me 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 Imposed upon Lessor by the terms of any ground lease, mortgage or trust deed of trust 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 five (105) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. 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 be Lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Lease Agreement (American Custom Components Inc), Standard Industrial/Commercial Single Tenant Lease Gross (American Custom Components Inc)

Late Charges. 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 upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust 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 five (105) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. 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 or Breach default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentrent, then rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph 4.1 paragraph 4 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Lease Agreement (Tsi International Software LTD), Standard Industrial Lease (Coyote Sports Inc)

Late Charges. Lessee SUBLESSEE hereby acknowledges that late payment by Lessee SUBLESSEE to Lessor SUBLESSOR of rent Rent and other sums due hereunder will cause Lessor SUBLESSOR to incur costs not contemplated by this Lease, the exact amount of which are unknown and will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and ascertain other than such late charges which may be imposed upon Lessor on SUBLESSOR by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent Rent or any other sum sums due from Lessee SUBLESSEE shall not be received by Lessor SUBLESSOR or Lessor's SUBLESSOR'S designee within ten seven (107) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee SUBLESSEE shall pay to Lessor SUBLESSOR in addition to any late charges incurred by SUBLESSOR under any mortgage or deed of trust covering the Premises, a late charge equal to six ten percent (610%) of the amount(s) past due and additionally all such overdue amountinstallments of Rent or other sums due shall bear interest from the seventh day forward at the rate of One percent (1%) per month until paid in full. The parties hereby agree that such late charge charges represents a fair and reasonable estimate of the costs Lessor SUBLESSOR will incur by reason of late payment by LesseeSUBLESSEE. Acceptance of such late charge by Lessor SUBLESSOR shall in no event constitute a waiver of Lessee's Default or Breach SUBLESSEE'S default with respect to such overdue amount, nor prevent Lessor SUBLESSOR from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.G.

Appears in 2 contracts

Samples: Termination Agreement (American Aircarriers Support Inc), Termination Agreement (American Aircarriers Support Inc)

Late Charges. 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 upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust 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 with ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. 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 or Breach default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentrent, then rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph 4.1 paragraph 4 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 2 contracts

Samples: Standard Industrial Lease (Optical Access Inc), Standard Industrial Lease (Optical Access Inc)

Late Charges. 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 upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust covering concerning 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, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. 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 or Breach default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or to not collected, for three (3) consecutive installments of Base Rentrent, then rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph 4.1 paragraph 4 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 1 contract

Samples: Standard Industrial Lease (Butterfield & Butterfield Auctioneers Corp)

Late Charges. Lessee Leases hereby acknowledges that late payment by Lessee to Lessor of rent and Base Rent, Lessee's Share of Operating Expenses or 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 upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the PremisesProperty. Accordingly, if any installment of rent Base Rent, Operating Expenses, 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, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. 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 e waiver of Lessee's Default or Breach default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentany of the aforesaid monetary obligations of Lessee, then Base Rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 1 contract

Samples: Standard Industrial Lease (Profile Technologies Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent 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 upon Lessor by the terms of any ground lease, mortgage or trust deed of trust 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 five (105) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of each such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of such late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 1 contract

Samples: Standard Industrial/Commercial Single Tenant Lease Gross (Dental Medical Diagnostic Systems Inc)

Late Charges. 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 upon Lessor by the terms of any ground lease, mortgage or trust deed of trust 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 notice shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six five percent (65%) of such overdue amount. 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 or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 1 contract

Samples: Purchase Agreement (Industrial Rubber Products Inc)

Late Charges. Lessee Tenant hereby acknowledges that late payment by Lessee Tenant to Lessor Landlord of rent and other sums due hereunder will cause Lessor 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, charges and late charges which may be imposed upon Lessor on Landlord by the terms of any ground lease, mortgage or trust deed of trust covering the PremisesProperty. Accordingly, if any installment of rent or any other sum due from Lessee Tenant shall not be received by Lessor Landlord or LessorLandlord's designee within ten (10) days after such amount shall be due, then, without any requirement for notice to LesseeTenant, Lessee Tenant shall pay to Lessor Landlord a late charge equal to six percent (6%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor Landlord will incur by reason of late payment by Lesseeto Tenant. Acceptance of such late charge by Lessor Landlord shall in no event constitute a waiver of LesseeTenant's Default or Breach default with respect to such overdue amount, amount nor prevent Lessor Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentrent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding any other provision hereof to the contrary. The parties agree that the payment of late charges and the payment of interest as provided elsewhere herein are distinct and separate from one another in that the payment of interest is to compensate Landlord for the use of Landlord's money by Tenant, and the payment of late charges is to compensate Landlord for administrative and other expenses incurred by Landlord.

Appears in 1 contract

Samples: Commercial Lease (Axion Power International, Inc.)

Late Charges. Lessee hereby acknowledges that late payment by Lessee Lxxxxx to Lessor of rent and other sums due hereunder will cause Lessor to 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 upon Lessor by the terms of any ground lease, mortgage or trust deed of trust 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 __TEN (10) days 10)DAYS__ after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. 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 LesseeLxxxxx. Acceptance of such late charge by Lessor shall in no event constitute a waiver of LesseeLxxxxx's Default or Breach with respect to such overdue amount, nor prevent Lessor Lxxxxx from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 1 contract

Samples: Long Term Lease (Pacific Research & Engineering Corp)

Late Charges. 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 upon Lessor by the terms of any ground lease, mortgage or of deed of trust covering the Premises. Accordingly, if any installment of rent or 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, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. The parties 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 or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights fights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 1 contract

Samples: Lease Agreement (Accelerated Networks Inc)

Late Charges. Lessee hereby The sums and charges set forth in this Section 8 shall be “Additional Rent”. Tenant acknowledges that late payment by Lessee to Lessor (the second (2nd) day of rent each month or any time thereafter) of Rent and all other sums due hereunder hereunder, will cause Lessor Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs may include, but are not limited towithout limitation, processing and accounting charges, and late charges which that may be imposed upon Lessor on Landlord by the terms of any ground leasenote secured by any encumbrance against the Premises, mortgage or deed and late charges and penalties due to the late payment of trust covering real property taxes on the Premises. AccordinglyTherefore, if any installment of rent Rent or any other sum due from Lessee shall payable by Tenant is not be received by Lessor or Lessor's designee Landlord within ten five (105) days after such amount shall be when due, then, without any requirement for notice to Lessee, Lessee Tenant shall promptly pay to Lessor Landlord a late charge charge, as liquidated damages, in an amount equal to six ten percent (610%) of such overdue amountdelinquent amount plus interest thereon at ten percent (10%) per annum for every month or portion thereof that such sums remain unpaid. Notwithstanding the foregoing, Landlord waives the late charge for the first (1st) instance during the Term in which Tenant fails to timely pay Rent. If Tenant delivers to Landlord two (2) checks for which there are not sufficient funds, Landlord may require Tenant to replace such check with a cashier’s check for the amount of such check. The parties hereby agree that such this late charge represents and the other charges referenced above represent a fair and reasonable estimate of the costs Lessor that Landlord will incur by reason of such late payment by LesseeTenant, excluding attorneys’ fees and costs. Acceptance of such any late charge by Lessor or other charges shall in no event not constitute a waiver by Landlord of Lessee's Default or Breach Tenant’s default with respect to such overdue the delinquent amount, nor prevent Lessor Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, available to Landlord for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision default of Tenant under this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advanceLease.

Appears in 1 contract

Samples: Lease Agreement (Meru Networks Inc)

Late Charges. Lessee Tenant hereby acknowledges that late payment by Lessee Tenant to Lessor Landlord of rent and other sums due hereunder will cause Lessor 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 upon Lessor Landlord by the terms of any ground lease, mortgage or security deed of trust covering the Premises. Accordingly, if any installment of rent or other sum due from Lessee Tenant shall not be actually received by Lessor Landlord or LessorLandlord's designee for deposit in Landlord's account within ten seven (107) business days after such amount shall be due, then, without any requirement for notice to LesseeTenant, Lessee Tenant shall pay to Lessor Landlord a late charge equal to six five percent (65%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor Landlord will incur by reason of late payment by Lessee. Tenant Acceptance of such late charge by Lessor Landlord shall in no event constitute a waiver of LesseeTenant's Default or Breach with respect to such overdue amount, nor prevent Lessor Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent and all other rent payable hereunder shall, at LessorLandlord's option, become due and payable quarterly in advance.

Appears in 1 contract

Samples: Commencement Date Agreement (Brainy Brands Company, Inc.)

Late Charges. 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 upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or 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, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. 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 or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or of any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 1 contract

Samples: Lease Agreement (Cmgi Inc)

Late Charges. 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 upon Lessor by the terms of any ground lease, mortgage or trust deed of trust 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 five (105) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. The parties 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 or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's ’s option, become due and payable quarterly in advance.

Appears in 1 contract

Samples: Commercial Lease Agreement (Openwave Systems Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and Base Rent, Lessee’s Share of Operating Expenses or 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 upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the PremisesProperty. Accordingly, if any installment of rent Base Rent, Operating Expenses, or any other sum due from Lessee shall not be received by Lessor or Lessor's ’s designee within ten (10) days after such amount shall be due, due then, without any requirement for notice to Lessee, ,. Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. 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 or Breach ’s default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentany of the aforesaid monetary obligations of Lessee, then Base Rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 1 contract

Samples: Sublease Agreement (Inamed Corp)

Late Charges. 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 upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten fifteen (1015) days after such amount shall be due, then, without any requirement for of notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. 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 Lesseelessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 1 contract

Samples: Lease Agreement (Datron Systems Inc/De)

Late Charges. Lessee hereby Tenant acknowledges that the late payment by Lessee Tenant to Lessor Landlord of rent and other any sums due hereunder under this Lease will cause Lessor Landlord to incur costs not contemplated by this Lease, the exact amount of which will be such costs being extremely difficult and impractical to ascertainfix. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the Premises. AccordinglyTherefore, if any installment of rent is not received by Landlord by the tenth (10th) day of the month for which it is due, or if any Additional Rent or any other sum due from Lessee shall under this Lease is not be received paid by Lessor or Lessor's designee Tenant within ten five (105) days after such amount shall be dueof receipt of a statement therefore from Landlord, then, without any requirement for notice to Lessee, Lessee Tenant shall pay to Lessor a late charge equal to six Landlord an additional sum of three percent (63%) of the overdue amount as a late charge. Such late charge shall be in addition to, and not in lieu of, any interest which may become due upon such overdue amountsum pursuant to Article 38 of this Lease. The parties hereby to this Lease agree that such this late charge represents a fair and reasonable estimate of the costs Lessor that Landlord will incur by reason of any late payment by LesseeTenanx. Acceptance Xxceptance of such any late charge by Lessor and the full rent shall in no event constitute a waiver of LesseeTenant's Default or Breach default with respect to such the overdue amount, nor amount and shall prevent Lessor Landlord from exercising any of the other rights and remedies granted hereunderavailable to Landlord under this Lease, or pursuant to any law now or hereafter in effect. In the event that a The aforesaid late charge is payable hereunder, whether or not collected, for three shall be considered Additional Rent. The foregoing late charges shall only apply if Tenanx xxx previously failed to pay the monthly rental installments by the tenth (310th) consecutive installments day of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly month on more than two occasions in advancethe preceding twelve (12) month period.

Appears in 1 contract

Samples: Valuation and Qualifying Accounts (Syncor International Corp /De/)

Late Charges. 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 upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or 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, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent twelve pct (612%) of such overdue amount. 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 or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 1 contract

Samples: Lease Agreement (Iown Holdings Inc)

Late Charges. 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 upon Lessor by the terms of any ground lease, mortgage or trust deed of trust 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 five (105) days after receipt by Lessee of written notice from Lessor that such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. 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 or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, . Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 1 contract

Samples: Lease Agreement (Rita Medical Systems Inc)

Late Charges. 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 upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of Base Rent and/or under any Additional Rent Provision is not received when due or any other 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, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amountamount or, if higher, $250.00, whichever is higher. The parties hereby agree acknowledge that it is impractical to determine the amount of Lessor's damages in such instances and 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 or Breach default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted by law or hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base RentRent or under Section 4.1 within any twelve (12) month period, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Section 4 or any other provisions of this Lease to the contrary.

Appears in 1 contract

Samples: Lease Agreement

Late Charges. 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 upon Lessor by the terms of any ground lease, mortgage or trust deed of trust 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 with five (105) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. 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 or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge charge 24. is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 1 contract

Samples: Standard Industrial/Commercial Single Tenant Lease (Clontech Laboratories Inc)

Late Charges. 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 upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust 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, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent ten (610%) percent of such overdue amount. 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 or Breach default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentrent, then rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph 4.1 4 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 1 contract

Samples: Industrial Lease (Golden West Brewing Company, Inc.)

Late Charges. 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 upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or 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, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. 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 or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, collected for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, shall at Lessor's option, become due and payable quarterly in advance.

Appears in 1 contract

Samples: Lease Agreement (Advanced Precision Technology Inc)

Late Charges. Lessee Tenant hereby acknowledges that late payment by Lessee Tenant to Lessor Landlord of rent Base Monthly Rent and other sums due hereunder will cause Lessor Landlord to incur costs not contemplated by this Lease, the exact amount of which will be is extremely difficult to ascertain. Such costs include, include but are not limited to: administrative, processing and accounting chargesprocessing, accounting, and late charges which may be imposed upon Lessor on Landlord by the terms of any ground leasecontract, mortgage revolving credit, mortgage, or trust deed of trust covering the Premises. Accordingly, if any installment of rent Base Monthly Rent or other sum due from Lessee Tenant shall not be received by Lessor Landlord or Lessor's its designee within ten five (105) days after such amount shall be the rent is due, then, without any requirement for notice to Lessee, Lessee Tenant shall pay to Lessor Landlord a late charge equal to six percent five (65%) percent of such overdue amount, which late charge shall be due and payable on the same date that the overdue amount was due. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor Landlord will incur by reason of late payment by LesseeXxxxxx, excluding interest and attorneys fees and costs. If any rent or other sum due from Tenant remains delinquent for a period in excess of thirty (30) days after Xxxxxx's receipt of Landlord's notice that such rent or other sum was not received, then in addition to such late charge, Tenant shall pay to Landlord interest on any rent that is not paid when due at the Agreed Interest Rate specified in Section 21.J following the date such amount became due until paid. Acceptance by Landlord of such late charge by Lessor shall in no event not constitute a waiver of LesseeTenant's Default or Breach default with respect to such overdue amount, amount nor prevent Lessor Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Monthly Rent, then the Base Monthly Rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 1 contract

Samples: Lease Agreement (Scios Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and Rentals or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be are impracticable or extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the PremisesPremises or any part of the Project. Accordingly, if any installment of rent Rentals or any other sum due from Lessee shall is not be received by Lessor or Lessor's ’s designee within ten three (103) business days after such amount shall be duethe due date, then, without any requirement for notice to Lessee, then Lessee shall pay to Lessor Lessor, in each case, a late charge equal to six ten percent (610%) of such overdue amount (provided, that for the first such instance in which a late charge is payable by Lessee to Lessor under this Article 40.a. in any eighteen (18) month period, such late charge shall be equal to five percent (5%) (instead of 10%) of such overdue amount). The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs cost that Lessor will incur by reason of late payment by Lessee. Acceptance of such any late charge charges by Lessor shall in no event constitute a waiver of Lessee's Default or Breach ’s default with respect to such overdue amount, nor prevent Lessor from exercising any of the its other rights and remedies granted hereunderunder this Lease. In Notwithstanding the event that foregoing, Lessor will not assess a late charge is payable hereunder, whether or until Lessor has given written notice of such late payment for the first late payment in any eighteen (18) month period and after Lessee has not collected, for cured such late payment within three (3) consecutive installments days from receipt of Base Rent, then notwithstanding Paragraph 4.1 or any such notice. No other provision of this Lease notices will be required during the following eighteen (18) months for a late charge to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.be incurred

Appears in 1 contract

Samples: Net Office Lease (Pure Storage, Inc.)

Late Charges. 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 upon Lessor by the terms of any ground lease, mortgage or trust deed of trust 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 five (105) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. 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 or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance. See Addendum, (S)17.

Appears in 1 contract

Samples: Building Lease (Callaway Golf Co /Ca)

Late Charges. Lessee hereby acknowledges that the late payment by Lessee to Lessor Base Rent, Lessee's Share of rent and Operating Expenses or 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 upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust covering the PremisesIndustrial Center. Accordingly, if any installment of rent Base Rent, Operating Expenses, 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, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. 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 or Breach default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentany of the aforesaid monetary obligations of Lessee, then Base Rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 1 contract

Samples: Standard Industrial Lease (Mobility Electronics Inc)

Late Charges. Lessee hereby acknowledges that late Any installment of Rent or any part thereof which is not made when due shall bear interest at the rate of Prime plus three percent (3%) per annum from the date when the same is due hereunder until the same shall be paid (“Late Charge”). In the event of non-payment of any Late Charge, Lessor shall have, in addition to all other rights and remedies, all rights and remedies provided for in this Lease and by law in the case of non-payment of Rent. No failure by Lessor to insist upon strict performance by Lessee of its obligations to pay Late Charges shall constitute a waiver by Lessor of rent and other sums due hereunder will cause Lessor its rights to incur costs not contemplated by enforce the provisions of this Section in any instance thereafter, nor shall acceptance of Late Charges be deemed to extend the time for payment of Rent or any part thereof under this Lease. The provisions for Late Charges stated herein shall not limit or affect Lessor’s other remedies against Lessee under this Lease or under law, the exact amount of which will be extremely difficult to ascertain. Such costs includeincluding, but are not limited to, processing Lessor’s right to charge Lessee for all costs and accounting chargesexpenses (including, but not limited to, Lessor’s attorneys' fees) incurred in connection with the collection of Rent and late charges which may be imposed upon Lessor by Late Charges from Lessee. For the terms period from Lessee's move-in date or beginning date of any ground leasethis agreement, mortgage or deed whichever is earlier, through the end of trust covering the Premises. Accordingly, if any installment of rent or 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, then, without any requirement for notice to Lesseemonth, Lessee shall will pay to Lessor a late charge equal to six percent prorated monthly rent of Four Thousand Dollars (6%) of such overdue amount$4,000.00). The parties hereby agree that such late charge represents a fair and reasonable estimate of This amount will be paid on or before 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 or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of date the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advanceLessee moves in.

Appears in 1 contract

Samples: Commercial Triple Net Lease With Purchase Option (Empowered Products, Inc.)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor lessor to incur costs not and 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 upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the Premisespremises. Accordingly, if any installment of rent or other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (1020) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor lessor a late charge equal to six percent (6%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable reasonably estimate of the costs Lessor will incur by reason of late payment by Lesseelessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lesseelessee's Default or Breach with respect to such overdue amount, nor prevent Lessor lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (393) consecutive installments of Base Rent, then notwithstanding Paragraph paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 1 contract

Samples: Lease Agreement (Liuski International Inc /De)

Late Charges. 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 upon on Lessor by the terms of any ground lease, mortgage or trust deed of trust 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 five (105) days after such amount shall be due, then, without any requirement for notice of any kind or nature to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) 15% of such overdue amount. 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 or Breach default with respect to such overdue amount, nor not prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for any three (3) consecutive installments of Base Rentrent during the Lease term, then rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph 4.1 paragraph 4 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 1 contract

Samples: Standard Industrial Lease

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder Rent will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. EXHIBIT 3.5 - continued Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the PremisesLender. Accordingly, if any installment of rent or other sum due from Lessee Rent shall not be received by Lessor or Lessor's designee within ten five (105) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a one-time late charge equal to six five percent (65%) of each such overdue amount, it being understood that Lessor shall not charge Lessee a late charge on the first late payment in any calendar year during the Lease Term if Lessee pays the delinquent amount within five (5) days after its receipt of notice of such. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of such late payment by Lesseepayment. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising the exercise of any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 1 contract

Samples: Building Lease (Sew Cal Logo Inc)

Late Charges. Lessee hereby acknowledges that a late payment made by Lessee to Lessor of rent 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 charges, which may be imposed upon on Lessor by according to the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent Rent or any other sum due from Lessee shall is not be received by Lessor or Lessor's ’s designee within ten (10) days after such amount shall be is due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent five (65%) percent of such overdue amount. 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 payments made by Lessee. Acceptance of such late charge charges by Lessor shall in no event constitute a waiver of Lessee's Default or Breach ’s default with respect to such overdue amount, nor shall it prevent Lessor from exercising any of the other rights and remedies granted hereunder. In Quiet Enjoyment: Lessor covenants and agrees with Lessee that upon Lessee paying Rent and performing its covenants and conditions under this Lease. Lessee shall and may peaceably and quietly have hold and enjoy the event that a late charge is payable hereunderPremises for the Lease Term, whether or not collectedsubject, for three (3) consecutive installments of Base Renthowever, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advancerights reserved by Lessor hereunder.

Appears in 1 contract

Samples: Sublease (Netlogic Microsystems Inc)

Late Charges. 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 upon Lessor by the terms of any ground leaseLease, mortgage or trust deed of trust 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 five (105) business days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six five percent (65%) of such overdue amount. 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 or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 1 contract

Samples: Lease Agreement (Burke Industries Inc /Ca/)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder Rent 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 upon Lessor by the terms of any ground lease, mortgage or deed of trust covering the PremisesLender. Accordingly, if any installment of rent or other sum due from Lessee Rent shall not be received by Lessor or Lessor's designee within ten five (105) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a one-time late charge equal to six ten percent (610%) of each such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of such late payment by Lesseepayment. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising the exercise of any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.. (See Addendum Paragraph 72)

Appears in 1 contract

Samples: Standard Industrial/Commercial Single Tenant Lease (Capstone Turbine Corp)

Late Charges. Lessee Tenant hereby acknowledges that late payment by Lessee Tenant to Lessor Landlord of rent Rent and other sums due hereunder will cause Lessor 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 upon Lessor on Landlord by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent Rent or any other sum due from Lessee Tenant shall not be received by Lessor Landlord or LessorLandlord's designee within ten fifteen (1015) days after such amount shall be due, then, without any requirement for notice to LesseeTenant, Lessee Tenant shall pay to Lessor Landlord a late charge equal to six five percent (65%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor Landlord will incur by reason of late payment by LesseeTenant. Acceptance of such late charge by Lessor Landlord shall in no event constitute a waiver of LesseeTenant's Default or Breach default with respect to such overdue amount, nor prevent Lessor Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then Rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph 4.1 paragraph 4 or any other provision of this Lease to the contrary. Notwithstanding the foregoing, Base Rent shall, at Lessorno late charge will be assessed against Tenant the first three times any payment is late so long as the payments are received by Landlord within five (5) business days after Landlord's option, become due and payable quarterly in advancenotice to Tenant of Tenant's late payment(s).

Appears in 1 contract

Samples: Build to Suit Lease (Intuit Inc)

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