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
Sources: Lease Agreement (Staar Surgical Company), Lease Agreement (Mossimo Inc), Lease Agreement (Royal Canadian Foods 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 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
Sources: Standard Industrial/Commercial Single Tenant Lease Gross (Bikers Dream Inc), Standard Industrial/Commercial Single Tenant Lease (Vdi Media), Lease Agreement (Compgeeks 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
Sources: Standard Industrial Lease (International Menu Solutions Corp), Standard Industrial Lease (Entech Environmental Technologies Inc), Standard Office Lease (Immecor Corp)
Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and Base Rent, Lessee's Share of Operating Expense Increase 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 PremisesOffice Building Project. Accordingly, if any installment of rent Base Rent, Operating Expense Increase, 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 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 22 contracts
Sources: Standard Office Lease (Scheid Vineyards Inc), Standard Office Lease (Superior National Insurance Group Inc), Office Lease (Mission Community Bancorp)
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.
Appears in 19 contracts
Sources: Standard Industrial/Commercial Single Tenant Lease (Sugarmade, Inc.), Standard Industrial/Commercial Single Tenant Lease (Diversified Opportunities, Inc.), Standard Industrial Commercial Single Tenant Lease Net (Immune Response Corp)
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
Sources: Standard Industrial/Commercial Single Tenant Lease (Cii Financial Inc), Standard Industrial/Commercial Single Tenant Lease (Telocity 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
Sources: Lease Agreement (Air Packaging Technologies Inc), Lease Agreement (Elitra Pharmaceuticals Inc), Lease Agreement (Medibuy Com 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 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 9 contracts
Sources: Standard Industrial/Commercial Single Tenant Lease Net (Glass House Brands Inc.), Standard Multitenant Office Lease (Unico American Corp), Lease Agreement (Hancock Jaffe Laboratories, 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
Sources: 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
Sources: 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 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%) 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 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 8 contracts
Sources: Standard Multi Tenant Office Lease (Freehand Information Systems, Inc.), Lease Agreement (Aegis Assessments Inc), Standard Industrial/Commercial Multi Tenant Lease (Navarre Corp /Mn/)
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%) 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 6 contracts
Sources: Sublease Agreement (AltheaDx, Inc.), Sublease Agreement (AltheaDx, Inc.), Sublease Agreement (AltheaDx, 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 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 5 contracts
Sources: Standard Industrial/Commercial Single Tenant Lease, Asset Purchase Agreement (Item 9 Labs Corp.), Standard Industrial/Commercial Single Tenant Lease Gross
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
Sources: 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 Rent will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult 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 aGer such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall immediately pay to Lessor a onetime 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 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 5 contracts
Sources: Lease Agreement, Standard Multi Tenant Shopping Center Lease Net, Standard Industrial/Commercial Multi Tenant Lease Net
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 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 5 contracts
Sources: Standard Multi Tenant Office Lease (America Great Health), Standard Multi Tenant Office Lease (America Great Health), Office 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. 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 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 5 contracts
Sources: Standard Industrial/Commercial Multi Tenant Lease (Exagen Inc.), Standard Multi Tenant Office Lease (America Great Health), Lease Agreement (Liquidmetal Technologies 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.
Appears in 5 contracts
Sources: Lease Agreement (Future Media Productions), Lease Agreement (Future Media Productions), Standard Industrial/Commercial Single Tenant Lease (Prolong International 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 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
Sources: Lease Agreement (Centaur Pharmaceuticals Inc), Lease Agreement (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 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 five percent (65%) 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 4 contracts
Sources: Lease Agreement (MRV Communications Inc), Lease Agreement (New Focus Inc), Lease Agreement (Encad 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
Sources: Purchase and Sale Agreement (Artest Corp), Purchase and Sale Agreement (Artest Corp), Sublease Agreement (Artest Corp)
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 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 ’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 4 contracts
Sources: Commercial Lease (Ascend Wellness Holdings, LLC), Commercial Lease (Ascend Wellness Holdings, LLC), Commercial Lease (Ascend Wellness Holdings, LLC)
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
Sources: 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 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
Sources: Annual Report, Form 10 K/A, Lease Agreement (Amerigon 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
Sources: 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 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
Sources: 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 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 ’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 ’s option, become due and payable quarterly in advance.
Appears in 4 contracts
Sources: Sublease (Digirad Corp), Standard Industrial/Commercial Single Tenant Lease (Dolby Laboratories, Inc.), Lease Agreement (Dolby 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 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
Sources: 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
Sources: 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 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 the 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.
Appears in 3 contracts
Sources: Lease Agreement (Cumetrix Data Systems Corp), Standard Industrial/Commercial Single Tenant Lease Gross (Cumetrix Data Systems Corp), Lease Agreement (Cumetrix Data 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) 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
Sources: Triple Net Building Lease (At Home Corp), Triple Net Building Lease (At Home Corp), Sublease (Interwoven 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
Sources: 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
Sources: Sublease Agreement (Genoptix Inc), Standard Industrial/Commercial Single Tenant Lease (Formfactor Inc), Standard Industrial/Commercial Multi Tenant Lease (Intertrust Technologies 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. 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
Sources: Standard Industrial/Commercial Multi Tenant Lease Modified Net (ADESTO TECHNOLOGIES Corp), Standard Industrial/Commercial Multi Tenant Lease (Opnext Inc), 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 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
Sources: Standard Industrial Lease (TUTOR PERINI Corp), Standard Industrial Lease (Patriot Motorcycle Corp), Standard Industrial Lease (Patriot Motorcycle Corp)
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 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 aGer 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 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
Sources: Lease Agreement, Standard Industrial/Commercial Multi Tenant Lease Net
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
Sources: 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 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
Sources: 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 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 seven percent (67%) 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 2 contracts
Sources: Standard Industrial/Commercial Single Tenant Lease Net (Somnus Medical Technologies Inc), Standard Industrial/Commercial Single Tenant Lease (Graphon 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 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
Sources: 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 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
Sources: Lease Agreement (Arterial Vascular Engineering Inc), Lease Agreement (Arterial Vascular Engineering 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) 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
Sources: Triple Net Building Lease (Informatica Corp), Triple Net Building Lease (Informatica 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. 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
Sources: Standard Industrial/Commercial Multi Tenant Lease Modified Net (Accelrys, Inc.), Standard Industrial/Commercial Multi Tenant Lease Modified Net (Symyx Technologies 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 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 (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 five (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 If 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
Sources: Lease Agreement, 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 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
Sources: Lease Agreement (Pets Com Inc), Lease Agreement (Pets Com 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 that 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 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 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 2 contracts
Sources: Full Service Lease (Document Capture Technologies, Inc.), Full Service Lease (Document Capture 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) 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
Sources: 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 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, then without any requirement for notice to Lessee, Lessee shall pay to Lessor a one-time late charge equal to six percent (6%) of each such overdue amount. The parties hereby agree 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 Lease, to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.
Appears in 2 contracts
Sources: Standard Industrial/Commercial Single Tenant Lease Net (SMTC Corp), Lease Agreement (SMTC Corp)
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 Lessees 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 Lessors option, become due and payable quarterly in advance.
Appears in 2 contracts
Sources: Standard Industrial/Commercial Single Tenant Lease Gross (Laser Pacific Media Corp), Standard Industrial/Commercial Single Tenant Lease (Laser Pacific Media Corporation)
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
Sources: Lease Agreement (Oni Systems Corp), Lease Agreement (Oni 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 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
Sources: 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 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
Sources: 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
Sources: Lease Agreement (Futon World Inc), Lease Agreement (Futon World 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 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
Sources: Standard Industrial Lease (Image Entertainment Inc), Standard Industrial Lease (Atmi 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
Sources: Standard Industrial Lease (International Microcircuits Inc), Standard Industrial Lease (Cepheid)
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
Sources: 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 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
Sources: Standard Industrial Lease (Transgenomic Inc), Standard Industrial Lease (Leiner Health Products 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
Sources: 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
Sources: 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 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
Sources: 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 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) 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 2 contracts
Sources: Standard Industrial/Commercial Single Tenant Lease (Telocity Inc), Standard Industrial/Commercial Single Tenant Lease (Telocity 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
Sources: Lease Agreement (Consolidated Capital of North America Inc), Standard Industrial/Commercial Single Tenant Lease Gross (Consolidated Capital of North America 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
Sources: 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 minimum 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, and late charges which may any 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 other any, sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after such written notice that said amount shall be is past 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, plus any attorney's 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 Lessor's election not to include a demand for the event that a payment of any such late charge is payable hereunder, whether in any notice to pay rent or quit shall not collected, for three (3) consecutive installments constitute a waiver by Lessor of Base Rent, then notwithstanding Paragraph 4.1 or its right to collect any other provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advancesuch late charge.
Appears in 2 contracts
Sources: Shopping Center Lease (Futon World Inc), Shopping Center Lease (Futon World 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
Sources: Lease Agreement (Persistence Software Inc), Lease Agreement (Tangible Asset Gallaries Inc)
Late Charges. Lessee Each Coop hereby acknowledges that late payment by Lessee to Lessor the University of rent and other sums due hereunder will cause Lessor the University to incur costs not contemplated by this LeaseSpace Agreement, 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 the University by the terms of any ground lease, mortgage or trust deed of trust covering the PremisesPremises of the affected Coop. Accordingly, if any installment of rent or any other sum due from Lessee any Coop shall not be received by Lessor the University or Lessorthe University's designee within ten five (105) days after such amount shall be due, then, without any requirement for notice to Lesseethat Coop, Lessee that Coop shall pay to Lessor the University a late charge equal to six percent Ten dollars (6%$10.00) of such overdue amountfor each day that payment is late. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor the University will incur by reason of late payment by Lesseethe affected Coop. Acceptance of such late charge by Lessor the University shall in no event constitute a waiver of Lesseethat Coop's Default or Breach default with respect to such overdue amount, nor prevent Lessor the University 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 rent from the contrary, Base Rent shall, at Lessor's option, affected Coop shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding paragraph 3 or any other provision of this Space Agreement to the contrary.
Appears in 2 contracts
Sources: Space Agreement, Space 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 five (105) 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 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 2 contracts
Sources: Standard Industrial/Commercial Single Tenant Lease (Alphatec Holdings, Inc.), Standard Industrial/Commercial Single Tenant Lease (Alphatec 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 (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
Sources: 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 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
Sources: 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
Sources: 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 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%) 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 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
Sources: Lease Agreement (Alldigital Holdings, Inc.), Standard Industrial/Commercial Multi Tenant Lease (Alldigital 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 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
Sources: 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 encumbering 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 duedue and such late payment occurs more than once in a calendar year, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) 2% of such overdue amountamount not so timely paid in each such calendar year. 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 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
Sources: Lease (Graphic Controls Corp), Lease (Graphic Controls Corp)
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 ▇▇▇▇▇▇'s nonpayment. Payment(s) made by Lessee shall be applied by Lessor, subject to ▇▇▇▇▇▇'s sole discretion, first to late charges incurred, then to common area maintenance/operating expense as additional rent, and lastly to base rent. ▇▇▇▇▇▇'s acceptance of late payment by Lessee. Acceptance of such this late charge by Lessor shall in no event not constitute a waiver of Lessee▇▇▇▇▇▇'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
Sources: 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 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
Sources: Standard Industrial Lease (Park Electrochemical Corp), Standard Industrial Lease (Park Electrochemical 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
Sources: 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
Sources: Standard Industrial/Commercial Multi Tenant Lease (DCH Technology Inc), Standard Industrial/Commercial Multi Tenant Lease (DCH Technology Inc)
Late Charges. Lessee hereby acknowledges that late tare 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 includeInclude, but are not limited to, processing and arid 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%) 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 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 end remedies granted hereunder. In the event that a late charge is 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 Lessors option, become due and payable quarterly in In advance.
Appears in 2 contracts
Sources: Standard Industrial/Commercial Multi Tenant Lease, Standard Industrial Commercial Multi Tenant Lease Net (American Consolidated Management Group 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
Sources: 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 PremisesProperty. 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 three percent (63%) of such overdue amountarrearage. 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 parties agree that the event payment of late charges and the payment of interest as provided elsewhere herein are distinct and separate from one another in that a late charge the payment of interest is payable hereunder, whether or not collected, to compensate Lessor for three (3) consecutive installments the use 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 money by Lessee and payable quarterly in advancethe payment of late charges is to compensate Lessor for administrative and other expenses incurred by Lessor.
Appears in 2 contracts
Sources: Lease (Sunbelt Automotive Group Inc), Lease (Sunbelt Automotive Group 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 processing, accounting and accounting administrative 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 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, 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 4.1 or any other provisions of this Lease to the contrary.
Appears in 2 contracts
Sources: Industrial Lease (Viper Networks Inc), Industrial Lease (Viper Networks 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
Sources: Lease Agreement (Tsi International Software LTD), Standard Industrial Lease (Coyote Sports 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
Sources: Lease Agreement (Cisco Systems Inc), Lease Agreement (Mission West Properties/New/)
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
Sources: Sublease Agreement (Openwave Systems Inc), Sublease Agreement (Openwave Systems Inc)
Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor L▇▇▇▇▇ 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 L▇▇▇▇▇’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
Sources: Lease Agreement (Brownie's Marine Group, Inc), Lease Agreement (Brownie's Marine Group, 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 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
Sources: Office Lease (Doubleclick Inc), Office Lease (Netgravity 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 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 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 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 2 contracts
Sources: Standard Industrial/Commercial Single Tenant Lease (Wireless Inc), Lease Agreement (Exodus Communications 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
Sources: Commercial Lease (Quadrax Corp), Commercial Lease (Quadrax 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 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
Sources: Lease Agreement (Specialty Laboratories), Sublease Agreement (Iprint 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 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
Sources: 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 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) five 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) 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
Sources: Industrial/Commercial Multi Tenant Lease (Genelux Corp), Industrial/Commercial Multi Tenant Lease (Genelux Corp)
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
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
Sources: Lease (Infospace Inc), Lease Agreement (Go2net 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) 10 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%) 5 % 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 ’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
Sources: Standard Industrial/Commercial Single Tenant Lease (Fox Factory Holding Corp), Lease Agreement (Fox Factory Holding Corp)
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
Sources: 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 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
Sources: Lease Agreement (Gametech International Inc), Lease Addendum (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 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
Sources: Lease Agreement (Homestead Com Inc), Standard Industrial/Commercial Multi Tenant Lease (Homestead Com 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) 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 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 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 2 contracts
Sources: Lease Agreement (Equinix Inc), Lease Agreement (Equinix Inc)
Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor L▇▇▇▇▇ 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 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 LesseeL▇▇▇▇▇'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
Sources: Lease Agreement (Ceribell, Inc.), Lease Agreement (Ceribell, 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 ’s designated agent by the later of two (102) days after written notice of such failure is given or five (5) 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 ’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, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.
Appears in 2 contracts
Sources: Sublease (PDL Biopharma, Inc.), Sublease (Biotech Spinco, Inc.)