Common use of Late Charges Clause in Contracts

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of 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 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 22 contracts

Samples: Standard Office Lease (Scheid Vineyards Inc), Standard Office Lease (Paperclip Imaging Software Inc/De), Standard Office Lease (Level 8 Systems Inc)

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Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or 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 on upon Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectLender. Accordingly, if any installment of Base Rent, Operating Expense Increase, or any 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 6% ten percent (10%) 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 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 any 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

Samples: Standard Industrial/Commercial Single Tenant Lease (Sugarmade, Inc.), Standard Industrial/Commercial Single Tenant Lease (Diversified Opportunities, Inc.), Standard Industrial/Commercial Single Tenant Lease Net (TTM Technologies Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or 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 on upon Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectLender. Accordingly, if any installment of Base Rent, Operating Expense Increase, or any 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 610% 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 ’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 3 consecutive installments of Base Rent, then notwithstanding any provision of this Lease to the contrary, Base Rent shall, at Lessor’s option, become due and payable quarterly in advance.

Appears in 9 contracts

Samples: 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 Base Rent, Lessee's Share of Operating Expense Increase or 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 that may be imposed on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, Rent or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor's ’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 charges by Lessor shall in no event constitute a waiver of Lessee's ’s default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 9 contracts

Samples: Lease Agreement (Constar International Inc), Lease Agreement (Constar Inc), Lease Agreement (Constar International Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or 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 on upon Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectLender. Accordingly, if any installment of Base Rent, Operating Expense Increase, or any 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 610% 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 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 3 consecutive installments of Base Rent, then notwithstanding any provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 8 contracts

Samples: Standard Multi Tenant Office Lease (Freehand Information Systems, Inc.), Standard Industrial/Commercial Multi Tenant Lease (Navarre Corp /Mn/), Standard Multi Tenant Office Lease (Newave Inc)

Late Charges. The Lessee hereby acknowledges that the late payment by the Lessee to the Lessor of Base Rent, Lessee's Share of Operating Expense Increase or rent and other sums due hereunder will cause the Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, charges and late charges which may be imposed on the Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, rent or any other sum due from the Lessee shall not be received by Lessor the Lessor, or the Lessor's designee designee, within ten (10) days after such amount shall be the same is due, then, without any requirement for notice to Lessee, the Lessee shall pay to the Lessor a late charge equal to 6% five percent (5%) of such overdue amount, monthly, until such overdue amount is paid. The parties hereby agree Lessee acknowledges that such late charge represents a fair and reasonable estimate of the costs cost that the Lessor will incur by reason of a late payment by the Lessee. Acceptance of such late charge by the Lessor shall in no event constitute a waiver of the Lessee's default with respect to such overdue amount, amounts nor prevent the Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 6 contracts

Samples: Lease Agreement (Adept Technology Inc), Lease Agreement (Computer Motion Inc), Lease (Somera Communications Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or 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 on upon Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectLender. Accordingly, if any installment of Base Rent, Operating Expense Increase, or any 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 610% 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 ’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 3 consecutive installments of Base Rent, then notwithstanding any provision of this Lease to the contrary, Base Rent shall, at Lessor’s option, become due and payable quarterly in advance.

Appears in 6 contracts

Samples: 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 Base Rent, Lessee's Share of Operating Expense Increase or rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 on or before the date when due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to 6% ten percent (10%) of such overdue amountamount but not exceeding $250.00 if paid within 10 days of the original due date. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's ’s default with respect to such overdue amount, amount nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 4 contracts

Samples: Standard Commercial Industrial Multi Tenant Triple Net Lease (HTG Molecular Diagnostics, Inc), Standard Commercial Industrial Multi Tenant Triple Net Lease (HTG Molecular Diagnostics, Inc), Standard Commercial Industrial Multi Tenant Triple Net Lease (HTG Molecular Diagnostics, Inc)

Late Charges. Lessee hereby acknowledges that a late payment made by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or 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 on Lessor by according to the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 6% five (5%) 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 with respect to such overdue amount, nor shall it prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 4 contracts

Samples: Lease Agreement (Intertrust Technologies Corp), Lease Agreement (Cei Systems Inc), Lease Agreement (Intertrust Technologies Corp)

Late Charges. Lessee hereby acknowledges that a late payment made by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or 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 on Lessor by according to the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, base monthly rent or any 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 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 6% five percent (5%) 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 ’s default with respect to such overdue amount, nor shall it prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 4 contracts

Samples: Lease Agreement (Intevac Inc), Lease Agreement (DSP Group Inc /De/), Lease Agreement (Netlogic Microsystems Inc)

Late Charges. Lessee hereby acknowledges that a late payment made by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or 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 on Lessor by according to the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 6% five (5%) 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 with respect to such overdue amount, nor shall it prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 3 contracts

Samples: Lease Agreement (On Command Corp), Lease Agreement (Larscom Inc), Sublease Agreement (LJL Biosystems Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee Xxxxxx to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, rent or any other sum due from Lessee shall not be received by Lessor or Lessor's ’s designee within ten on or before the date when due and after Lessor has provided a five (105) days after such amount shall be due, then, without any requirement for notice to Lesseeday written notice, Lessee shall pay to Lessor a late charge equal to 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 LesseeXxxxxx. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Xxxxxx’s default with respect to such overdue amount, amount nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 3 contracts

Samples: Commercial Lease Agreement (Syncardia Systems Inc), Standard Commercial Industrial Single Tenant Triple Net Lease (Syncardia Systems Inc), Commercial Lease Agreement (Syncardia Systems Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, rent or any other sum due from Lessee shall not be received by Lessor or Lessor's ’s designee within ten the (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 618% 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 with respect to such overdue amount, nor to prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 3 contracts

Samples: Lease (Local Matters Inc.), Lease (Local Matters Inc.), Lease Agreement (Local Matters Inc.)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 3 contracts

Samples: Lease Agreement (Us Search Corp Com), Standard Office Lease (Us Search Corp Com), Standard Office Lease (Total Film Group Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase rent 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 on upon Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, rent or any other of a sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) 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 6% ten (10%) per cent of such overdue over due amount. 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 3 contracts

Samples: Lease Agreement (Organic Inc), Lease (More Com Inc), Lease (Organic Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Leaselease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, or any other sum due from Lessee rent shall not be received by Lessor or Lessor's designee within ten fifteen (1015) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to 63% 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 2 contracts

Samples: Industrial Lease (Strategic Diagnostics Inc/De/), Industrial Lease (Strategic Diagnostics Inc/De/)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase Expanses 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building office building Project. Accordingly, if any installment of Base Rent, Operating Expense IncreaseExpenses, 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, then without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 2 contracts

Samples: Standard Office Lease (San Diego Soccer Development Corp), Lease Agreement (San Diego Soccer Development Corp)

Late Charges. Notwithstanding anything contained in this Lease to the contrary, Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or 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, and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 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 no event constitute a waiver of Lessee's default default, with respect to such overdue amount, amount nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 2 contracts

Samples: Standard Industrial Lease (Intercell Corp), Standard Industrial Lease (Intercell Corp)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to ------------ Lessor of Base Rent, Lessee's Share share of Operating Expense Increase Expenses, Tax Expenses, utility costs or other sums due hereunder hereunder, will cause Lessor to incur costs not contemplated by this Lease, Lease and the exact amount of which will be such costs are extremely difficult and impracticable to ascertainfix. Such costs costs, include, but are not limited towithout limitation, processing and accounting charges, and late charges which that may be imposed on Lessor by the terms of any mortgage or trust deed covering note secured by any encumbrance against the Office Building ProjectPremises. AccordinglyTherefore, if any installment of Base Rent, Operating Expense Increase, Rent or any other sum sums due from Lessee shall is not be received by Lessor or Lessor's designee within ten five (105) business days after such amount shall be of when due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge sum equal to 6% ten percent (10%) of such overdue amountamount as a late charge. The parties hereby agree that such this late charge represents a fair and reasonable estimate of the costs that Lessor will incur by reason of late payment by Lessee. Acceptance of such any late charge by Lessor shall in no event not constitute a waiver of Lessee's default with respect to such the overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunderavailable to Lessor.

Appears in 2 contracts

Samples: Lease Agreement (Jetfax Inc), Lease Agreement (Jetfax Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectProperty. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 6% three percent (3%) 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. The parties agree that the payment of late charges and the payment of interest as provided elsewhere herein are distinct and separate from one another in that the payment of interest is to compensate Lessor for the use of Lessor's money by Lessee and the payment of late charges is to compensate Lessor for administrative and other expenses incurred by Lessor.

Appears in 2 contracts

Samples: Lease (Sunbelt Automotive Group Inc), Lease (Sunbelt Automotive Group Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, LesseeXxxxxx's Share of Operating Expense Increase or other sums due hereunder will cause Lessor to incur 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 Imposed on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, . if any installment of 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 6% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by LesseeXxxxxx. Acceptance of such late charge by Lessor shall in no event constitute a waiver of LesseeXxxxxx's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. 14.

Appears in 2 contracts

Samples: Sublet Agreement (California Software Corp), Sublet Agreement (California Software Corp)

Late Charges. Lessee hereby acknowledges that late payment by ------------ Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering encumbering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 62% 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 with respect to such overdue amount, nor not prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 2 contracts

Samples: Lease (Graphic Controls Corp), Lease (Graphic Controls Corp)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's ’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 on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if it any installment of Base Rent, Operating Expense Increase, or any other sum due from Lessee shall not be received by Lessor or Lessor's ’s designee within ten (10) days after when such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to 610% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the the, costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's ’s default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 2 contracts

Samples: Office Building Lease (Xencor Inc), Office Building Lease (Xencor Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase minimum rent 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 on upon Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rentrent or any, 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 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 6% ten percent (10%) 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Lessor's election not to include a demand for the payment of any such late charge in any notice to pay rent or quit shall not constitute a waiver by Lessor of its right to collect any such late charge.

Appears in 2 contracts

Samples: 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 Base Rent, Lessee's Share of Operating Expense Increase or rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. If the payment of rent is received late for two consecutive months or more than four times within any twelve month period, then, upon notice to Lessee by Lessor, rent for the balance of the Lease term shall be payable quarterly, in advance.

Appears in 2 contracts

Samples: Commercial Lease Agreement (Digital Domain), Commercial Lease Agreement (Digital Domain)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's ’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 on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 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 with respect to such overdue amount, . nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 2 contracts

Samples: Standard Office Lease (Elastic N.V.), Standard Office Lease (Elastic N.V.)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. If the payment of rent is received late for two consecutive months or more than four times within any twelve month period, then, upon notice to Lessee by Lessor, rent for the balance of the Lease term shall be payable quarterly, in advance.

Appears in 2 contracts

Samples: Commercial Lease Agreement (Digital Domain Media Group, Inc.), Commercial Lease Agreement (Digital Domain)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or 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 on upon Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectLender. Accordingly, if any installment of Base Rent, Operating Expense Increase, or any 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 6% five percent (5%) of each such overdue amount, it being understood that Lessor shall not charge Lessee a late charge on the first late payment in any calendar year during the Lease Term if Lessee pays the delinquent amount within five (5) days after its receipt of notice of such. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of such late payment by Lesseepayment. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's default 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

Appears in 2 contracts

Samples: Building Lease (Sew Cal Logo Inc), Building Lease (Sew Cal Logo Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Operating Expense IncreaseExpenses, 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 6% ten (10%) 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 2 contracts

Samples: Standard Office Lease (Entertainment Boulevard Inc), Standard Office Lease (Loudeye Technologies Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Operating Expense Increaseincrease, 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 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 2 contracts

Samples: Sublease (Macrovision Corp), Standard Office Lease (Flycast Communications Corp)

Late Charges. Lessee hereby acknowledges that late Late payment by Lessee to Lessor of 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of 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) 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 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Standard Office Lease (Sonic Foundry Inc)

Late Charges. Lessor and Lessee hereby acknowledges agree that the fixing of actual damages for Lessee's breach of any of the provisions of this Lease including the late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, Lease the exact amount of which will be extremely difficult or impracticable to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if in the event any installment of Base Rent, Operating Expense Increase, rent or any other sum due from Lessee hereunder shall not be received by Lessor or Lessor's designee within ten (10) days after such amount shall may be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor as liquidated damages, a late charge equal to 6% One Hundred and Fifty Dollars ($150.00) per month, for as long as such installment of such overdue amountrent of any other sum due from Lessee remains unpaid. The parties hereby agree that such said late charge represents a fair and reasonable estimate of the costs cost Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event not constitute a waiver of Lessee's default with respect to such overdue amount, amount nor prevent Lessor from exercising any of the other rights and remedies granted hereunderprovided for in the Lease or by application of law.

Appears in 1 contract

Samples: Lease Agreement (Pacific Crest Capital Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Lease Agreement (Authentic Specialty Foods Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on upon Lessor by the terms of any ground lease, mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, rent or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after Lessee's receipt of written notice that such amount shall be was not paid 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 Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Standard Industrial/Commercial Lease (Skechers Usa Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, rent or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten the (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 618% 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 with respect to such overdue amount, nor to prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Lease (Colorado Business Bankshares Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Operating Expense IncreaseExpenses, 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 68% 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Standard Office Lease (Orthologic Corp)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment Installment of Base Rent, Operating Expense IncreaseExpenses, 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 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Standard Office Lease (Talarian Corp)

Late Charges. Lessee hereby acknowledges that a late payment made by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or 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 on Lessor by according to the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, base monthly rent or any 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 6% five percent (5%) 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 ’s default with respect to such overdue amount, nor shall it prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Lease Agreement (Equinix Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or 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 on upon Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectLender. Accordingly, if any installment of Base Rent, Operating Expense Increase, or any 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 6% ten percent (10%) 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 Default or Breach with respect to such overdue amount, 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 any provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 1 contract

Samples: Standard Industrial/Commercial Single Tenant Lease Net (Somera Communications Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or rent and other sums due hereunder will cause Lessor to Lexxxx xo incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 on or before the date when due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor pax xx Xessor a late charge equal to 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 no event constitute xxxxxxtute a waiver of Lessee's default with respect to such overdue amount, amount nor prevent Lessor prevenx Xxxxor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Triple Net Lease (Luxtec Corp /Ma/)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of 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 on Lessor by the ,he terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of 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 6% of such overdue amount. 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Standard Office Lease (Synthonics Technologies Inc)

Late Charges. Lessee hereby acknowledges that late payment by ------------ Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Operating Expense IncreaseExpenses, 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 6% five percent (5%) 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Lease (Resonate Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rentbase rent, Lessee's Share of Operating Expense Increase Expenses or other sums due hereunder will cause Lessor to incur costs Costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, charges and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rentbase rent, Operating Expense IncreaseExpenses, or any other sum rum 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 with respect to such overdue amount, amount nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Lease Agreement (Coast Bancorp)

Late Charges. Lessee hereby acknowledges that late payment by ------------ Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 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 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 any of the aforesaid monetary obligations of Lessee, then Base Rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding paragraph 4.1 or any other provision of this Lease to the contrary.

Appears in 1 contract

Samples: Lease (Fusion Medical Technologies Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or 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 the late charges which may be imposed on upon Lessor by the terms of any such ground lease, mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, rent or any other sum due from Lessee shall not be received by Lessor lessor or Lessor's designee within ten (10) days after such amount shall be due, then, without any requirement for upon 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 Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.remedies

Appears in 1 contract

Samples: Standard Industrial Lease (Titan Corp)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase 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 end accounting charges, and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Office Building Buliding Project. Accordingly, if any installment of Base Rent, Operating Expense IncreaseExpenses, or any other sum due from Lessee shall not be received by Lessor or Lessor's Lessees 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 63% 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Standard Office Lease (Biomerica Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Operating Expense IncreaseExpenses, 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 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 no event constitute a waiver of Lessee's default with respect to such overdue amount, nor not prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Lease Agreement (Icc Technologies Inc)

Late Charges. Lessee hereby acknowledges that a late payment made by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or 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 on Lessor by according to the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, base monthly rent or any 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 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 6% five percent (5%) 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 ’s default with respect to such overdue amount, nor shall it prevent Lessor from exercising any of the other rights and remedies granted hereunder. Lessor will allow Lessee to have one late payment in any 24 months without late charge provided such payment is made within three (3) business days after notification from Lessor by fax or email.

Appears in 1 contract

Samples: Standard Form Multi Tenant Lease (Occam Networks Inc/De)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, rent or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after ’s designated agent when 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 6% five percent (5%) 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 any such late charge by Lessor shall in no event constitute a waiver of Lessee's ’s default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.. Notwithstanding the foregoing, Lessor will not assess a late charge until Lessor has given written notice of such late payment for the first

Appears in 1 contract

Samples: Industrial Lease (ViewRay, Inc.)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Leaselease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 6% eight percent (8%) 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 a late charge by Lessor shall in no event constitute a waiver of Lessee's default with respect to such overdue amount, nor prevent Lessor from exercising any and of the other rights and remedies granted hereunder.. SURRENDER OF LEASE

Appears in 1 contract

Samples: Lease Agreement (Connetics Corp)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Operating Expense IncreaseExpenses, 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 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Standard Office Lease (Simulations Plus Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or rent 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 charges, which may be imposed on upon Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, rent or any other a sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) 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 6% ten (10%) percent of such overdue amount. 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Office Building Lease (Firepond Inc)

Late Charges. Lessee hereby acknowledges that late payment by ------------ Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Operating Expense Increaseincrease, or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten with five (105) days after written notice that such amount shall be due, due then, without any requirement for notice to Lessee, . Lessee shall pay to Lessor a late charge equal to 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Standard Office Lease (Rambus Inc)

Late Charges. Lessee hereby acknowledges that a late payment made by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or 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 on Lessor by according to the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 6% five (5%) 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 with respect to such overdue amount, nor shall it prevent Lessor from exercising any of the other rights and remedies granted hereunder. Notwithstanding the above, Lessor will waive late charges up to two (2) times in any year due to accounting errors provided Lessee pays within 5 days after written or fax notice.

Appears in 1 contract

Samples: Lease Agreement (Act Manufacturing Inc)

Late Charges. Lessee hereby acknowledges that the late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or rent and other sums due hereunder will cause Lessor to incur costs not contemplated contempated by this LeaseLessee, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, charges and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, rent or any other sum due from Lessee shall not be received by Lessor or Lessor's Lessor‘s designee within ten (10) days after such amount shall be the same is due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to 6% fifteen percent (15%) of such overdue amountamount monthly until such overdue amount is paid. The parties hereby agree Lessee acknowledges that such late charge represents a fair and reasonable estimate of the costs cost Lessor will incur by reason of a late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's ’s default with respect to such overdue amountamounts, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Sublease (Inamed Corp)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, or any other sum due from Lessee rent shall not be received by Lessor or Lessor's designee within ten fifteen (1015) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to 63% 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Industrial Lease (Strategic Diagnostics Inc/De/)

Late Charges. Lessee hereby acknowledges that late payment payments by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase rent 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 on upon Lessor by the terms of any mortgage or trust deed covering the Office Building Projectpremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 dueits due date, then, without any requirement for notice to Lessee, then Lessee shall pay to Lessor a late charge equal to 6% the maximum amount permitted by law (and in the absence of any governing law, five percent 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Lease Agreement (Value America Inc /Va)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on the Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, rent or any other sum due from Lessee 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 pay to Lessor a late charge equal to 6% five 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 with respect to such overdue amount, nor prevent a Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Building E Lease (Xoma Corp /De/)

Late Charges. Lessee hereby acknowledges that the late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, charges and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 the same is due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to 6% fifteen percent (15%) of such overdue amountamount monthly until such overdue amount is paid. The parties hereby agree Lessee acknowledges that such late charge represents a fair and reasonable estimate of the costs cost Lessor will incur by reason of a late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's ’s default with respect to such overdue amountamounts, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Lease Agreement (Inamed Corp)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of 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 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 later charge by Lessor shall in no event constitute a waiver of Lessee's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Standard Office Lease (Optimumcare Corp /De/)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or other sums Sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertainbe certain. Such costs Costs include, but are not limited to, to processing and accounting charges, and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of 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 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 with respect to such overdue amount, . nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. 14.

Appears in 1 contract

Samples: Standard Office Lease (Orange National Bancorp)

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Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share ’s share of Operating Expense Increase Expenses, Tax Expenses, utility costs or other sums due hereunder hereunder, will cause Lessor to incur costs not contemplated by this Lease, Lease and the exact amount of which will be such costs are extremely difficult and impracticable to ascertainfix. Such costs include, but are not limited toinclude without limitation, processing and accounting charges, and late charges which that may be imposed on Lessor by the terms of any mortgage or trust deed covering note secured by any encumbrance against the Office Building ProjectPremises. AccordinglyTherefore, if any installment of Base Rent, Operating Expense Increase, Rent or any other sum sums due from Lessee shall is not be received by Lessor or Lessor's designee within ten five (105) days after such amount shall be the date it is due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge sum equal to 6% five percent (5%) of such overdue amountamount as a late charge. The parties hereby agree that such this late charge represents a fair and reasonable estimate of the costs that Lessor will incur by reason of late payment by Lessee. Acceptance of such any late charge by Lessor shall in no event not constitute a waiver of Lessee's ’s default with respect to such the overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunderavailable to Lessor.

Appears in 1 contract

Samples: Sublease Agreement (Artisan Components Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of 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 that may be imposed on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 6% of such overdue amount. The parties hereby agree that such late later charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by LesseeLessee and shall be paid as Additional Rent. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Standard Office Lease (Ciphergen Biosystems Inc)

Late Charges. Lessee hereby acknowledges that a late payment made by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or 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 on Lessor by according to the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, Rent or any other sum due from Lessee shall is not be received by Lessor or Lessor's ’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 6% five (5%) 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 ’s default with respect to such overdue amount, nor shall it prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Lease Agreement (Radyne Corp)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of 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 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 ll in no event constitute a waiver of Lessee's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Lease Agreement (Mirage Holdings Inc)

Late Charges. Lessee hereby acknowledges that a late payment made by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase Rent or other sums amounts 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 on Lessor by according to the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, Rent or any other sum amounts due from Lessee shall is not be received by Lessor or Lessor's designee within ten by the tenth (1010th) days day 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 6% five (5%) 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 with respect to such overdue amount, nor shall it prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Lease Agreement (Aura Systems Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, charges and late charges which may be imposed on upon Lessor by the terms of any ground lease, mortgage or deed of trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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, 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 Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.granted

Appears in 1 contract

Samples: Lease Agreement (Kaynar Holdings Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Lessee's Share of Operating Expense IncreaseExpenses, Lessee's Tax Share 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 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Standard Office Lease (Dental Medical Diagnostic Systems Inc)

Late Charges. Lessee hereby acknowledges that that, in addition to interest costs, the late payment payments by Lessee to Lessor of any Base Rent, Lessee's Share of Operating Expense Increase Monthly Rent or other sums due hereunder under this Lease will cause to Lessor to incur costs not contemplated by this Lease, the exact amount of which will be such costs being extremely difficult and impractical to ascertainfix. Such other costs include, but are not limited towithout limitation processing, processing administrative and accounting charges, charges and late charges which that may be imposed on Lessor by the terms of any mortgage mortgage, deed of trust or trust deed covering related loan documents encumbering the Office Building ProjectPremises. Accordingly, if any monthly installment of Base Rent, Operating Expense Increase, Monthly Rent or any other sum due from amount payable by Lessee shall hereunder is 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 Lesseeby the due date thereof, Lessee shall pay to Lessor an additional sum of ten percent (10%) of the overdue amount as a late charge, but in no event more than the maximum late charge equal to 6% of such overdue amountallowed by law. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Lessor will incur by reason of any late payment as hereinabove referred to by Lessee, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Lessor for the use of Lessors’ money by Lessee, while the payment of late charges is to compensate Lessor for Lessor’s processing, administrative and other costs incurred by Lessor as result of Lessee’s delinquent payments. Acceptance of such a late charge by Lessor or interest shall in no event not constitute a waiver of Lessee's ’s default with respect to such the overdue amount, nor amount or prevent Lessor from exercising any of the other rights and remedies granted hereunderavailable to Lessor under this Lease or at law or in equity now or hereafter in effect.

Appears in 1 contract

Samples: Lease Agreement

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Operating Expense IncreaseExpenses, 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, then without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Standard Office Lease (NMXS Com Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Leaselease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on the Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Industrial Lease (Antennas America Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 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 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 rent, then rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding any other provision of this Lease to the contrary.

Appears in 1 contract

Samples: Standard Industrial Lease (Diamond Entertainment Corp)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase 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 on Lessor by the terms term of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Operating Expense IncreaseExpenses, 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 lessee shall pay to Lessor a late charge equal to 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 no event constitute a waiver of Lessee's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Lessor will grant to Lessee a one-time exemption from this requirement provided the late payment is received by Lessor within twenty (20) days after written notice by Lessor.

Appears in 1 contract

Samples: Lease (Bea Systems Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase rent 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 on upon Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of monthly Base Rent, Operating Expense Increase, Rent or any other sum estimated Direct Expenses due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after such said amount shall be dueis due or any other amount payable by Lessee is not received by the 10th day following delivery to Lessee of a delinquency notice, then, without any requirement for notice to Lessee, then Lessee shall pay to Lessor a late charge equal to 6% five (5%) percent of such overdue amount. 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Office Building Lease (Oacis Healthcare Holdings Corp)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 6% of such overdue amount. amount The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by LesseeLessee and is not a penalty. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Warehouse Lease Agreement (Able Laboratories Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 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 with respect to such overdue amount, . nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Standard Office Lease (Pharsight Corp)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or Rent and other sums due hereunder will cause Lessor to incur other costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 dueby the 10th day following the due date, then, then and without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to 6% four percent (4%) 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 Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. This Late Charge shall be in addition to interest otherwise due Lessor if the Late Charge is not timely received by Lessor.

Appears in 1 contract

Samples: Commercial Lease Agreement (Extended Systems Inc)

Late Charges. Lessee Tenant hereby acknowledges that late payment by Lessee Tenant to Lessor Landlord of Base Rent, Lessee's Share of Operating Expense Increase Rent or 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 on Lessor Landlord by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Tenant's Share of Operating Expense Increase, Expenses or Applicable Taxes 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 6% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor Landlord will incur by reason of late payment by LesseeTenant. Acceptance of such late charge by Lessor Landlord shall in no event constitute a waiver of LesseeTenant's default with respect to such overdue amount, nor prevent Lessor Landlord from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Standard Office Lease (Omp Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, rent or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten twenty (1020) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall owe and shall pay to unto Lessor a late charge equal to 6% five percent (5%) 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Lease (Lithia Motors Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee Xxxxxx to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on upon Lessor by the terms of any ground lease, mortgage or deed of trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, rent or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten fifteen (1015) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6% %) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by LesseeXxxxxx. Acceptance of such late charge by Lessor shall in no event constitute a waiver of LesseeXxxxxx's default Default or Breach with respect to such overdue amount, nor prevent Lessor Xxxxxx from exercising any of the other rights and remedies granted hereunder. Rent and other charges may be paid by electronic funds transfer.

Appears in 1 contract

Samples: Lease Renewal (Egghead Inc /Wa/)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or rent and other sums due hereunder will cause Lessor to incur costs cost not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Assignment of Lease (Viador Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Operating Expense Increase, or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten six (106) 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 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Office Lease (Interact Commerce Corp)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Leaselease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 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 no event constitute a waiver of Lessee's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.. SURRENDER OF LEASE

Appears in 1 contract

Samples: Lease Agreement (Cidco Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on upon Lessor by the terms of any ground lease, mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, rent or any other sum due from form 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 Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Standard Industrial/Commercial Single Tenant Lease (Spectratek Technologies Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or rent and other sums due hereunder will cause Lessor to incur costs cost not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Lessor Lesser by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Standard Industrial Lease (CFP Holdings Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase expenses, utility costs or other sums due hereunder hereunder, will cause Lessor to incur costs not contemplated by this Lease, Lease and the exact amount of which will be such costs are extremely difficult and impracticable to ascertainfix. Such costs include, but are not limited towithout limitation, processing and accounting charges, and late charges which that may be imposed on Lessor by the terms of any mortgage or trust deed covering note secured by any encumbrance against the Office Building ProjectPremises. AccordinglyTherefore, if any installment of Base Rent, Operating Expense Increase, Rent or any other sum sums due from Lessee shall is 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 sum equal to 6% ten percent (10%) of such overdue amountamount as a late charge. The parties hereby agree that such this late charge represents a fair and reasonable estimate of the costs that Lessor will incur by reason of late payment by Lessee. Acceptance of such any late charge by Lessor shall in no event not constitute a waiver of Lessee's default with respect to such the overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunderavailable to Lessor.

Appears in 1 contract

Samples: Lease Agreement (Monterey Pasta Co)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase Excess Expenses or other sums Rent due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Operating Expense IncreaseLessee's share of Excess Expenses, or any other sum Rent due from Lessee shall not be received by Lessor or Lessor's designee within ten by the fifth (105th) days after such amount shall be day of any month in which Rental is due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to 6% ten percent (10%) 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Office Lease (Advancepcs)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Expense Share of Operating Expense Increase , Lessee's Tax Share 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, loss of use of such funds by Lessor and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Operating Expense IncreaseExpenses, or any ally other sum suns 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 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 no event constitute a waiver of Lessee's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Office Lease (Sangui Biotech International Inc)

Late Charges. The Lessee hereby acknowledges that the late payment by the Lessee to the Lessor of Base Rent, Lessee's Share of Operating Expense Increase or rent and other sums due hereunder will cause the Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, charges and late charges which may be imposed on the Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, rent or any other sum due from the Lessee shall not be received by Lessor the Lessor, or the Lessor's designee ’s designee, within ten (10) days after such amount shall be the same is due, then, without any requirement for notice to Lessee, the Lessee shall pay to the Lessor a late charge equal to 6% five percent (5%) of such overdue amount, monthly, until such overdue amount is paid. The parties hereby agree Lessee acknowledges that such late charge represents a fair and reasonable estimate of the costs cost that the Lessor will incur by reason of a late payment by the Lessee. Acceptance of such late charge by the Lessor shall in no event constitute a waiver of the Lessee's ’s default with respect to such overdue amount, amounts nor prevent the Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Lease Agreement (Inamed Corp)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase 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 Suck costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectProperty. Accordingly, if any installment of Base Rent, Operating Expense IncreaseExpenses, 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 63% 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 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 any of the aforesaid monetary obligations of Lessee, then Base Rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding paragraph 4.1 or any other provision of this Lease to the contrary.

Appears in 1 contract

Samples: Sublease (Burke Industries Inc /Ca/)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectProperty. Accordingly, if any installment of Base Rent, Operating Expense IncreaseExpenses, 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 lessor a late charge equal to 6% of such overdue amountamont. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Standard Industrial Lease (T Netix Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, rent or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten five (105) calendar days after 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 64% 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. If the payment of rent is received late for two consecutive months or more than four times within any twelve month period, then, upon notice to Lessee by Lessor, rent for the balance of the Lease term shall be payable quarterly, in advance. The late charge, if applicable, shall be waived one (1) time during the Lease Term.

Appears in 1 contract

Samples: Commercial Lease Agreement (Sonic Foundry Inc)

Late Charges. Lessee hereby acknowledges that In addition to Default Interest, the late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or other sums any rent due hereunder will cause Lessor to incur certain costs and expenses not contemplated by under this Lease, the exact amount of which will be costs being extremely difficult or impracticable to ascertainfix. Such costs and expenses will include, but are not limited towithout limitation, administrative and collection costs, and processing and accounting charges, and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Office Building Projectexpenses. AccordinglyTherefore, if any installment of Base Rent, Operating Expense Increase, or any other sum due from Lessee shall rent is 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 Lesseethe grace period indicated in Schedule 1 and Section 3.4 above, Lessee shall immediately pay to Lessor a late charge equal to 6% of such overdue amountin the amount specified in Schedule 1. The parties hereby agree It is agreed that such this late charge represents a fair and reasonable estimate of the such costs and expenses and is fair compensation to Lessor will incur by reason of late payment for its loss caused by Lessee’s nonpayment. Acceptance of such The late charge by Lessor shall in no event be calculated only on the unpaid rent amount (and not Default Interest or late charges) the first time it is late; unpaid rent and charges shall not be accumulated for purposes of calculating the late charge. Should Lessee pay said late charge but fail to pay contemporaneously therewith all unpaid amounts of rent due hereunder, Lessor’s acceptance of this late charge shall not constitute a waiver of Lessee's ’s default with respect to such overdue amount, nonpayment by Lessee nor prevent Lessor from exercising any of the all other rights and remedies granted hereunderavailable to Lessor under this Lease or under law.

Appears in 1 contract

Samples: Ground Lease Agreement

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of 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 account charges, and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of 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 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Standard Office Lease (Guess Inc Et Al/Ca/)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or rent and other sums due hereunder will cause Lessor to Lesxxx xx incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on the Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, rent or any other sum due from Lessee 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 Lesxxx xxall pay to Lessor a late charge equal to 6% five 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 with respect to such overdue amount, nor prevent Lessor a Xxxxxx from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Right of First Refusal Agreement (Xoma Corp /De/)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of Base Rent, Operating Expense Expenses 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 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Sublease Agreement (Intervu Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase 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 on Lessor by the terms of any mortgage or trust deed covering the Office Building Project. Accordingly, if any installment of 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Office Lease (Pacific Crest Capital Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase 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 that may be imposed on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectIndustrial Center or any part thereof. Accordingly, if more than once during the Term any installment of Base Rent, Operating Expense IncreaseExpenses, 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 6% five percent (5%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Lessor will incur by reason of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Industrial Lease (Discovery Partners International Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or 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 ascertainascer- tain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectPremises. Accordingly, if any installment of Base Rent, Operating Expense Increase, 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 Lessor, in addition to the Default Rate, a late charge equal to 6% three percent (3%) 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 with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder.

Appears in 1 contract

Samples: Lease Agreement (Alternative Distribution Systems Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Operating Expense Increase or 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 on upon Lessor by the terms of any mortgage or trust deed covering the Office Building ProjectLender. Accordingly, if any installment of Base Rent, Operating Expense Increase, or any 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 upon 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 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 any provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance.

Appears in 1 contract

Samples: Standard Industrial/Commercial Single Tenant Lease (Introbiotics Phamaceuticals Inc)

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