Common use of Late Charges Clause in Contracts

Late Charges. (a) All non-scheduled payments required hereunder (i.e., other than the Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which shall be due as hereinbefore provided) to Landlord shall be paid within thirty (30) days after Landlord’s demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received any installment of Rent due under this Lease on the date it is due, Tenant shall pay Landlord a late charge equal to five percent (5%) of the delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (b) the amount of such late charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Lease, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy available to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate this Lease.

Late Charges. (a) All non-scheduled payments required Tenant hereby acknowledges that late payment by Tenant to Landlord of Base Monthly Rent and other sums due hereunder (i.e.will cause Landlord to incur costs not contemplated by this Lease, other than the Monthly Base Rentexact amount of which is extremely difficult to ascertain. Such costs include but are not limited to: administrative, Rent Adjustmentsprocessing, accounting, and Rent Adjustment Depositslate charges which may be imposed on Landlord by the terms of any contract, which shall be due as hereinbefore provided) to Landlord shall be paid within thirty (30) days after Landlord’s demand thereforrevolving credit, mortgage, or trust deed covering the Premises. All such amounts (including Monthly Base RentAccordingly, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received if any installment of Base Monthly Rent or other sum due under this Lease on the date it is from Tenant shall not be received by Landlord or its designee within five (5) business days after receipt by Tenant of written notice from Landlord that such installment or sum was not received when due, Tenant shall pay to Landlord a late charge equal to five percent (5%) percent of such overdue amount, which late charge shall be due and payable on the delinquent installment of Rentsame date that the overdue amount was due. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (b) the amount of such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant, excluding interest and reasonable attorneys' fees and costs. If any rent or other sum due from Tenant remains delinquent for a period in excess of thirty (30) days then, in addition to such costs and expenses and late charge, Tenant shall pay to Landlord interest on any rent that is not paid when due at the Agreed Interest Rate specified in Section 19.J following the date such amount became due until paid. Acceptance by Landlord of such late charge shall be paid not constitute a waiver of Tenant's default with respect to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Lease, overdue amount nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or remedy available not collected, for four (4) consecutive installments of Base Monthly Rent, then the Base Monthly Rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding any provision of this Lease to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate this Leasecontrary.

Late Charges. If any installment of Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee (i) within five (5) days after written notice from Landlord that said amount was not paid when due, or (ii) upon the date said amount is due, if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, then Tenant shall pay to Landlord a late charge equal to six percent (6%) of the overdue amount plus any attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay Rent and/or other charges when due hereunder. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid (a) All non-scheduled payments required hereunder within five (i.e., other than the Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which shall be due as hereinbefore provided) to Landlord shall be paid within thirty (305) days after Landlord’s demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) written notice from Landlord that said amount was not paid when due due, or (b) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, shall bear interest from the date when due until the date paid at a rate per annum equal to the Default Rate lesser of (x) the annual “Bank Prime Loan” rate cited in effect on the date Federal Reserve Statistical Release publication H.15(519), published weekly (or such payment was due. (b) In the event that other comparable index as Landlord has not received any installment of Rent due under this Lease on the date it is due, and Tenant shall pay Landlord a late charge equal reasonably agree upon if such rate ceases to five percent be published) plus four (5%4) of the delinquent installment of Rent. The parties agree that percentage points, and (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (by) the amount of such late charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld highest rate permitted by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late chargeapplicable law. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Lease, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy available to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate this Lease.

Late Charges. If any Monthly Debt Service Payment due hereunder is not received by Lender within ten (a10) All non-scheduled payments required hereunder days (i.e.or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the Monthly Base Rentpayment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is due, Rent Adjustmentsinclusive of the date on which such amount is due, Borrower shall pay to Lender, immediately without demand by Lender, the Late Charge. The Late Charge is payable in addition to, and Rent Adjustment Depositsnot in lieu of, which shall any interest payable at the Default Rate pursuant to Section 2.2(g). Borrower acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; Lender is entitled to be due as hereinbefore provided) to Landlord compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any such late payment. Default Rate. Default interest shall be paid within as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days after Landlord’s demand therefor. All or more, interest on such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Depositsunpaid amount(s) not paid when due shall bear interest accrue from the date payment is due until the date paid at the Default Rate and shall be payable upon demand by Lender. If any Indebtedness due is not paid in effect full on the date Maturity Date, then interest shall accrue at the Default Rate on all such payment was due. (b) In unpaid amounts from the event that Landlord has not received any installment of Rent due under this Lease on the date it is due, Tenant shall pay Landlord a late charge equal to five percent (5%) of the delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs Maturity Date until fully paid and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (b) the amount of such late charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due hereunderpayable upon demand by Lender. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld Absent a demand by TenantLender, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge any such amounts shall be payable by Tenant on Borrower in the first occasion in any twelve-month period same manner as provided for the payment of a delay in receipt of any payment hereunderMonthly Debt Service Payments. To the extent permitted by applicable law, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances interest shall interest be payable on any late charge. (c) Payment of interest also accrue at the Default Rate and/or of late charges shall not excuse or cure on any default judgment obtained by Tenant under this Lease, nor shall Lender against Borrower in connection with the foregoing provisions of this Article Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such payments prevent Landlord from exercising any right or remedy available to Landlord upon Tenant’s time as the Mortgaged Property has been redeemed. Borrower acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay Rent when all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; Lender is entitled to be compensated for such additional risks, including costs, and expenses; and the right increase from the Interest Rate to terminate this Leasethe Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of Borrower’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date).

Late Charges. (a) All non-scheduled payments required hereunder (i.e., other than Rent is due in full on the Monthly Base Rent, first day of each month by 4:00 pm and that is when Landlord expects to be paid. Rent Adjustments, and Rent Adjustment Deposits, which shall be due as hereinbefore provided) to Landlord shall be paid within thirty (30) days after Landlord’s demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) is LATE if not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect by 4:00 pm on the date such payment was due. (b) In the event that Landlord has not first day of each month. Rent received any installment of Rent due under this Lease before 4:00 pm on the date sixth (6th) day of the month in which it is duedue will not be penalized with a late charge. After 4:00 pm on the sixth day of the month, Tenant shall pay Landlord a late charge equal to of five percent (5%) of the delinquent installment monthly rental amount (as stated in Article I, Section 2 of Rent. The parties agree that this Lease Contract) or fifteen dollars (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein$15.00), the exact amount of which will be difficult to calculatewhichever is greater, including the cost and expense that will be incurred and added to the total of the past due rent. If the sixth day of the month falls on a Saturday, Sunday, or a holiday observed by the Landlord, the Rent must be placed in the designated rent drop box prior to the opening of the first business day following the weekend or holiday; otherwise the Rent will be considered received on the opening of the next business day and late fees my accrue if that next business day is after the sixth (6th) day of the month. Acceptance of Rent after the due date shall not be considered a waiver or relinquishment of any of Landlord’s other rights and remedies. If the Rent is mailed, the late charge will be applied to any Rent received by mail after the sixth (6th) day of the month in which it is due. To ensure timely payment by the first day of the month, please mail the Rent by the 20th day of the previous month. Tenant acknowledges that any Rent received by Landlord in processing each delinquent will be first applied to any outstanding charges (such as late charges, returned check charges, damages) incurred by or on behalf of Tenant prior to applying the same to the current monthly Rent regardless of whether or not Tenant has made notations on the payment instrument and regardless of when the obligations came about. Partial payments of rent will not relieve Tenant of late charges. If the payment tendered by TenantXxxxxx fails to cover the total charges outstanding, (b) then Tenant shall immediately pay the amount of such difference, plus any late charge represents a reasonable estimate incurred by virtue of such costs and expenses and that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Lease, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy available to Landlord upon Tenant’s failure to timely pay Rent when dueall sums due from Tenant to Landlord. Check writing is a privilege that the Landlord may suspend or discontinue at any time and require Tenant to make payment with a money order. There will be a twenty-five dollar ($25.00) handling fee for any check for each time it is refused payment by any bank. Also, including if Xxxxxx’s check is refused for any reason by a bank or on whomever it is drawn, it is the right same as if Xxxxxx has not paid rent on time and Tenant will be responsible for paying any late charges that are charged for late payment. These terms also apply to terminate this Leaseany payment made electronically.

Late Charges. (a) All non-scheduled payments required hereunder (i.e., other than the The Monthly Base Rent, Rent Adjustments, Adjustments and Rent Adjustment Deposits, which Deposits shall be due when and as hereinbefore provided) specifically provided above. Except for such payments and late charges described below, which late charge shall be due when provided below (without notice or demand), all other payments required hereunder to Landlord shall be paid within thirty ten (3010) days after Landlord’s demand therefor. All such amounts (including Monthly Base RentRent and charges, Rent Adjustmentsexcept late charges, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received Tenant is more than five (5) days late in paying any installment of Rent due under this Lease on the date it is dueLease, Tenant shall pay Landlord a late charge equal to five percent (5%) of the delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, and (bii) the amount of such late charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Lease, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy available to Landlord upon Tenant’s Tenants failure to pay Rent when due, including the right to terminate this Lease.

Late Charges. (a) All non-scheduled payments required hereunder (i.e., other than the The Monthly Base Rent, Rent Adjustments, Adjustments and Rent Adjustment Deposits, which Deposits shall be due when and as hereinbefore provided) specifically provided above. Except for such payments and late charges described below, which late charge shall be due when provided below (without notice or demand), all other payments required hereunder to Landlord shall be paid within thirty ten (3010) days after Landlord’s demand therefor. All such amounts (including Monthly Base RentRent and charges, Rent Adjustmentsexcept late charges, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received Tenant is more than five (5) days late in paying any installment of Rent due under this Lease on the date it is dueLease, Tenant shall pay Landlord a late charge equal to five percent (5%) of the delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, and (bii) the amount of such late charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Lease, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy available to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate this Lease.

Late Charges. (a) All non-scheduled payments required Tenant hereby acknowledges that late payment by Tenant to Landlord of Base Monthly Rent and other sums due hereunder (i.e.will cause Landlord to incur costs not contemplated by this Lease, other than the Monthly Base Rentexact amount of which is extremely difficult to ascertain. Such costs include but are not limited to: administrative, Rent Adjustmentsprocessing, accounting, and late charges which may be imposed on Landlord by the terms of any contract, revolving credit, mortgage, or trust deed covering the Premises. Accordingly, if any installment of Base Monthly Rent Adjustment Deposits, which or other sum due from Tenant shall not be due as hereinbefore provided) to received by Landlord shall be paid or its designee within thirty five (305) days after Landlord’s demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received any installment of Rent due under this Lease on the date it rent is due, Tenant shall pay to Landlord a late charge equal to five percent (5%) percent of such overdue amount, which late charge shall be due and payable on the delinquent installment of Rentsame date that the overdue amount was due. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (b) the amount of such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant, excluding interest and attorneys fees and costs. If any rent or other sum due from Tenant remains delinquent for a period in excess of thirty (30) days then, in addition to such costs and expenses and late charge, Tenant shall pay to Landlord interest on any rent that is not paid when due at the Agreed Interest Rate specified in Section 19.J following the date such amount became due until paid. Acceptance by Landlord of such late charge shall be paid not constitute a waiver of Tenant's default with respect to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Lease, overdue amount nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or remedy available not collected, for three (3) consecutive installments of Base Monthly Rent, then the Base Monthly Rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding any provision of this Lease to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate this Leasecontrary.

Late Charges. (a) All non-scheduled payments required hereunder (i.e., other than the Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which shall be due as hereinbefore provided) to Landlord shall be paid within thirty ten (3010) days after Landlord’s demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when within five (5) days after due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received Tenant is more than five (5) days late in paying any installment of Rent due under this Lease on the date it is dueLease, Tenant shall pay Landlord a late charge equal to five percent (5%) of the delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (b) the amount of such late charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. . (c) Notwithstanding the foregoing, no Tenant shall be entitled to notice and the expiration of a five (5) day cure period prior to a imposition of any late charge or interest charge under this Section 25.1 one (1) time per calendar year; after such written notice has been provided to Tenant in a calendar year, Tenant shall not be payable by Tenant on the first occasion in entitled to any twelve-month period further notice prior to imposition of a delay late charge or interest under this Section 25.1 in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late chargecalendar year. (cd) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Lease, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy available to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate this Lease.

Late Charges. (a) All non-scheduled payments required hereunder (i.e., other than the Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which shall be due as hereinbefore provided) to Landlord shall be paid within thirty (30) days after Landlord’s demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received Tenant is more than five (5) days late in paying any installment of Rent due under this Lease on the date it is dueLease, Tenant shall pay Landlord a late charge equal to five percent (5%) of the delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (b) the amount of such late charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Lease, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy available to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate this Lease.

Late Charges. If any installment of Base Rent shall not be received by Landlord or Landlord's designee within five (a5) All non-scheduled payments required hereunder business days after the due date therefor, then Tenant shall pay to Landlord a fixed late charge equal to [***] plus any attorneys' fees (i.e., other than the Monthly if any) incurred by Landlord by reason of Tenant's failure to pay such Base Rent; provided, Rent Adjustmentshowever, that for the first three (3) months of the Lease Term following the expiration of the [***] [***] Confidential portions of this document have been redacted and Rent Adjustment Deposits, which shall be due as hereinbefore provided) to filed separately with the Commission. [***] Landlord shall be paid within thirty (30) days after Landlord’s demand thereforwaive the imposition of such late charge during such [***] month period. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received If any installment of Rent (other than Base Rent) or any other sum due under this Lease on from Tenant shall not be received by Landlord or landlords designee within fifteen (15) days after the due date it is duetherefor, then Tenant shall pay to Landlord a late charge equal to five [***] percent (5[***]%) of the delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be due plus any attorneys' fees incurred by Landlord in processing each delinquent payment by reason of rent by Tenant, Tenants failure to pay such Rent (bother than Base Rent) the amount of such or other charges when due hereunder. The foregoing late charge represents a reasonable estimate of such costs and expenses and that such late charge charges shall be paid deemed Additional Rent and the right to Landlord for each delinquent payment require it shall be in addition to all Rent otherwise due of Landlords other rights and remedies hereunder. The parties further agree that the payment of late charges , at law and/or in equity and the payment of interest provided for shall not be construed as liquidated damages or as limiting Landlord's remedies in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent paymentsany manner. Notwithstanding the foregoingabove (and in addition to the waiving of any late charge by reason of Tenants failure to pay Base Rent during the first three (3) months following the Base Rent Abatement Period described above), no late charge shall or interest will be payable by assessed for the [***] late payment of Rent or any other sum due from Tenant on the first occasion in any twelve-month period of a delay in receipt of [***] during the Lease Term (including the Option Terms, if applicable). In addition to the late charge described above, any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after Rent or other amounts owing hereunder which are not paid by the date that it is otherwise due. Under no circumstances they am due shall thereafter bear interest be payable on any late chargeuntil paid at a rate (the "Interest Rate") equal to the lesser of (i) the "Prime Rate" or "Reference Rate" announced from time to time by Xxxxxx Xxxxx Bank (or such reasonable comparable national banking institution as selected by Landlord in the event JPMorgan Chase Bank ceases to exist or publish a Prime Rate or Reference Rate), plus [***] percent ([***]%), or (ii) the highest rate permitted by applicable Laws. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Lease, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy available to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate this Lease.

Late Charges. (a) All non-scheduled payments required hereunder (i.e., other than the Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which shall be due as hereinbefore provided) to Landlord shall be paid within thirty ten (3010) business days after Landlord’s demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received Tenant is more than five (5) days late in paying any installment of Rent due under this Lease on the date it is dueLease, Tenant shall pay Landlord a late charge equal to five percent (5%) of the delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (b) the amount of such late charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by TenantXxxxxx, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Lease, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy available to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate this Lease.

Late Charges. (a) All non-scheduled payments required hereunder (i.e., other than the Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which shall be due as hereinbefore provided) to Landlord shall be paid within thirty ten (3010) days after Landlord’s demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear hear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received Tenant is more than five (5) days late in paying any installment of Rent due under this Lease on the date it is dueLease, Tenant shall pay Landlord a late charge equal to five percent (5%) of the delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (b) the amount of such late charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Lease, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy available to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate this Lease.,

Late Charges. (a) All non-scheduled payments required Tenant hereby acknowledges that late payment by Tenant to Landlord of Base Monthly Rent and other sums due hereunder (i.e.will cause Landlord to incur costs not contemplated by this Lease, other than the Monthly Base Rentexact amount of which is extremely difficult to ascertain. Such costs include but are not limited to: administrative, Rent Adjustmentsprocessing, accounting, and late charges which may be imposed on Landlord by the terms of any contract, revolving credit agreement, mortgage, or trust deed covering the Premises. Accordingly, if any installment of Base Monthly Rent Adjustment Deposits, which or other sum due from Tenant shall not be due as hereinbefore provided) to received by Landlord shall be paid or its designee within thirty five (305) days after Landlord’s demand therefor. All receipt of written notice to Tenant from Landlord that such amounts (including Monthly Base Rentsum is overdue, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received any installment of Rent due under this Lease on the date it is due, then Tenant shall pay to Landlord a late charge equal to five percent (5%) percent of such overdue amount, which late charge shall be due and payable on the delinquent installment of Rentsame date that the overdue amount was due. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (b) the amount of such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant, excluding interest and attorneys fees and costs. If any Base Monthly Rent or other sum due from Tenant remains delinquent for a period in excess of thirty (30) days then, in addition to such costs and expenses and late charge, Tenant shall pay to Landlord interest on any rent that is not paid when due at the Agreed Interest Rate specified in Section 19.J following the date such amount became due until paid. Acceptance by Landlord of such late charge shall be paid not constitute a waiver of Tenant's default with respect to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Lease, overdue amount nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or remedy available not collected, for four (4) consecutive installments of Base Monthly Rent, then the Base Monthly Rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding any provision of this Lease to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate this Leasecontrary.

Late Charges. (a) All non-scheduled payments required hereunder (i.e.If Tenant fails to pay, when the same is due and payable, any Base Rent or Other Charges described above, or any other than the Monthly Base Rent, Rent Adjustments, and Rent Adjustment Depositsamounts due pursuant to this Lease, which amounts shall be due and are referred to as hereinbefore provided) to Landlord shall be paid within thirty (30) days after Landlord’s demand therefor. All "additional rent," then such unpaid amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest at the rate of two percent (2%) per month from the date due until to the date paid of payment unless such amount would violate any applicable usury or other law, in which event such unpaid amounts shall bear interest at the Default Rate in effect on highest rate then allowed by law. In addition to such interest, Tenant acknowledges that the date late payment by Tenant of any monthly installment of Base Rent, Other Charge or additional rent will cause Landlord to incur certain costs and expenses not contemplated under this Lease, the exact amount of such costs being extremely difficult or impractical to fix. Such costs and expenses include, without limitation, administrative and collection costs, processing and accounting expenses, and interest and penalties imposed by the terms of any contracts, mortgages or deeds of trust covering the Leased Premises, the Building or the Real Property. Therefore, if any Base Rent, Other Charge or additional rent payment is not received by Landlord from Tenant by the fifth (5th) day after such payment was due. (b) In the event that Landlord has not received any installment of Rent due under this Lease on the date it is due, Tenant shall immediately pay to Landlord a late charge equal to five twelve percent (512%) of the delinquent installment of Rentsuch payment. The parties Landlord and Tenant agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (b) the amount of such this late charge represents a reasonable estimate of such costs and expenses and that is fair compensation to Landlord for its loss and expenses suffered by such nonpayment by Tenant. Acceptance of this late charge shall be paid not constitute a waiver of Tenant's breach or default with respect to such nonpayment by Tenant nor prevent Landlord from exercising any or all other rights and remedies available to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent paymentsunder this Lease. Notwithstanding the foregoing, no late charge shall be payable by provided Tenant on the first occasion in any twelve-month period of a delay not otherwise in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse default or cure any default by Tenant under this Lease, nor shall the foregoing provisions breach of this Article or Lease and pays in full any such payments prevent amount not paid when due within ten (10) days of being advised by Landlord from exercising any right or remedy available to Landlord upon Tenant’s failure to pay Rent that a payment has not been received when due, including Landlord shall waive up to one (1) late charge in any twenty-four (24) month period during the right to terminate Lease Term; provided Tenant has paid all sums due under this LeaseLease on or before the first (1st) day of the calendar month in the previous twenty-four (24) calendar months during the Lease Term.

Late Charges. (a) All non-scheduled payments required hereunder (i.e., other than the Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which shall be due as hereinbefore provided) to Landlord shall be paid within thirty ten (3010) business days after Landlord’s demand thereforwritten invoice therefor together with reasonable back-up information substantiating the invoiced payments. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received Tenant is more than five (5) days late in paying any installment of Rent due under this Lease on the date it is dueLease, Tenant shall pay Landlord a late charge equal to five percent (5%) of the delinquent installment of Rent. , provided, however, that Landlord agrees to waive the first such late charge in each calendar year during the Tenn. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (bii) the amount of such late charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Lease, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy available to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate this Lease.

Late Charges. (a) All non-scheduled payments required hereunder (i.e., other than the Monthly Base Rent, Rent Adjustments, The sums and Rent Adjustment Deposits, which charges set forth in this Section 8 shall be due as hereinbefore provided“Additional Rent”. Tenant acknowledges that late payment (the second (2nd) to Landlord shall be paid within thirty (30day of each month or any time thereafter) days after Landlord’s demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received any installment of Rent and all other sums due under this Lease on the date it is duehereunder, Tenant shall pay Landlord a late charge equal to five percent (5%) of the delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated hereinby this Lease. Such costs may include, without limitation, processing and accounting charges, and late charges that may be imposed on Landlord by the exact amount terms of which will be difficult to calculateany note secured by any encumbrance against the Premises, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (b) the amount of such late charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and penalties due to the late payment of real property taxes on the Premises. Therefore, if any installment of Rent or any other sum payable by Tenant is not received by Landlord when due, Tenant shall promptly pay to Landlord a late charge, as liquidated damages, in an amount equal to ten percent (10%) of such delinquent amount plus interest provided thereon at ten percent (10%) per annum for in subparagraph (a) above are distinct and separate from one another in every month or portion thereof that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent paymentssuch sums remain unpaid. Notwithstanding the foregoing, no Landlord waives the late charge shall be payable by Tenant on for the first occasion (1st) instance during the Term in any twelve-month period which Tenant fails to timely pay Rent, and interest shall not commence to accrue until the third (3rd) day following Landlord’s giving to Tenant its notice of a delay in receipt of any payment hereunder, provided that default. If Tenant delivers such payment to Landlord within two (2) business days after checks for which there are not sufficient funds, Landlord may require Tenant to replace such check with a cashier’s check for the date amount of such check and all other charges payable hereunder. The parties agree that it is otherwise duethis late charge and the other charges referenced above represent a fair and reasonable estimate of the costs that Landlord will incur by reason of such late payment by Tenant, excluding attorneys’ fees and costs. Under no circumstances shall interest be payable on Acceptance of any late charge. (c) Payment of interest at the Default Rate and/or of late charge or other charges shall not excuse or cure any constitute a waiver by Landlord of Tenant’s default by Tenant under this Leasewith respect to the delinquent amount, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy of the other rights and remedies available to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate for any other default of Tenant under this Lease.

Late Charges. (a) All non-scheduled payments required hereunder (i.e., other than the Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which shall be due as hereinbefore provided) Tenant hereby acknowledges that late payment by Tenant to Landlord shall be paid within thirty (30) days after Landlord’s demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustments, of rent and Rent Adjustment Deposits) not paid when other sums due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received any installment of Rent due under this Lease on the date it is due, Tenant shall pay Landlord a late charge equal to five percent (5%) of the delinquent installment of Rent. The parties agree that (i) such delinquency hereunder will cause Landlord to incur costs and expenses not contemplated hereinby this Lease, the exact amount of which will be extremely difficult to calculateascertain. Such costs include, including the cost but are not limited to, processing and expense that will accounting charges. Accordingly, if any installment of rent or other sum due from Tenant shall not be incurred received by Landlord in processing each delinquent payment of rent by or Landlord's designee within 10 days after such amount shall be due, then, without any requirement for notice to Tenant, (b) the amount Tenant shall pay to Landlord a late charge equal to 5% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of such the costs and expenses and that Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall be paid in no event constitute a waiver of Tenant's Default with respect to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Leaseoverdue amount, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy available to Landlord upon Tenant’s failure to pay Rent when dueof the other rights and remedies granted hereunder. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LEASE, including the right to terminate this LeaseIF TENANT IS DELINQUENT IN THE PAYMENT OF RENT AND IS SUBJECT TO A LATE CHARGE OR INTEREST FEE, LANDLORD AGREES TO WAIVE THE LATE CHARGE OR INTEREST FEE IF (i) TENANT HAS NOT BEEN LATE IN ITS PAYMENT OF RENT DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE RENT DELINQUENCY IN QUESTION AND (ii) THE RENT DUE IS PAID WITHIN FIVE (5) DAYS OF LANDLORD'S WRITTEN NOTICE TO THE TENANT OF THE DELINQUENCY AMOUNT OWED.

Late Charges. (a) All non-scheduled payments required hereunder (i.e., other than the Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which shall be due as hereinbefore provided) If I fail to Landlord shall be paid within thirty (30) days after Landlord’s demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid make a payment when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received any installment of Rent due under this Lease on the date it is due, Tenant shall pay Landlord you may charge a late charge equal as set out in the Federal Truth in Lending Disclosure. Unless otherwise required by applicable law, for purposes of determining whether a late charge is due with regard to five percent (5%) a current installment due you will apply any payments you receive to the oldest maturing installment due in the manner provided above. Any late charge will be in addition~ to and not in place of accrued interest under this Promissory Note. EVENTS of DEFAULT. I will be in default under this Promissory Note if I fail to make any payment when due. regardless Of how such amount may have become due, or if I fail to payor perform 8Dy other obligation, liability or indebtedness to NationsBank, or if any covenant agreement or condition herein is not fully and timely performed, observed or kept; or if any bankruptcy or insolvency proceeding is instituted ~ or against me, or if any tax lien, levy or garnishment is levied against me; or if you in good faith believe that the prospect of repayment or performance under any agreement I may have with you is impaired; or if you reasonably deem yourself insecure for any reason; or if you determine that any representation made to you is. or was, materially untrue or misleading; or if any Borrower shall die, or. if any Borrower is a corporation. partnership, limited liability company, association or other duly organized business entity, if such Borrower shall be dissolved. liquidated, terminated or otherwise fail to maintain good standing in its state of organization; or if any event of default exists or occurs under any security agreement or other document evidencing a lien against any Collateral; or if any of the delinquent installment events described in this section with respect to any guarantor of Rentthis Promissory Note. The parties agree that If this Promissory Note is secured by improved real property and any part or all of the Collateral is sold transferred, conveyed or all Signed(including to a spouse, to a trust (iliving. revocable or otherwise). through probate or as a gift) such delinquency will cause Landlord to incur costs and expenses not contemplated hereinwithout your prior; written consent, the exact amount of which I will be difficult to calculate, including the cost and expense that in default of this Promissory Note. A default by me any of us (if this is a joint loan) will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (b) the amount of such late charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under all of us. You may collect from or bring legal action against any of us (if this Lease, nor shall is a joint loan) without giving up any of your rights against any other person. A court decree for divorce or separation o~ a non-court approved mutual agreement does not affect eliminate or reduce any Borrower's liability for the foregoing provisions of this Article Outstanding Balance since NationsBank is not a party to the decree or any such payments prevent Landlord from exercising any right or remedy available to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate this Leaseagreement.

Late Charges. (a) All nonIf you fail to pay any payment due to KVH promptly and when due, KVH may require you to pay, in addition to the payment, interest thereon at a rate equal to the lesser of 1-scheduled payments required hereunder (i.e.1/2% per month and the maximum rate of interest allowable under applicable law, other than from the Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which original due date until full payment has been made by you or on your behalf. LIMITED WARRANTY: KVH warrants that all Services provided under the Agreement shall be due as hereinbefore provided) to Landlord performed professionally, in a workmanlike manner and by employees with appropriate skills and expertise. If you are dissatisfied at any point with the performance of any KVH employee(s), you shall be paid promptly (and in any event within thirty (30) days after Landlord’s demand thereforfollowing the completion of the Service in question) notify KVH in writing. All Upon receipt of such amounts (including Monthly Base Rentnotice, Rent AdjustmentsKVH shall meet with you to discuss the problem and, if applicable, will arrange for the performance to be raised to the warranted level, and Rent Adjustment Depositsfor identifiable defects caused by prior substandard performance to be cured. This Section sets forth the sole and exclusive remedy if you believe the Services are inadequate or defective. NO IMPLIED WARRANTIES: THE WARRANTIES GIVEN IN THESE TERMS ARE THE ONLY WARRANTIES GIVEN BY KVH WITH RESPECT TO THE SERVICES AND ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOUR EXCLUSIVE REMEDIES, AND KVH’S SOLE LIABILITY, FOR ANY DEFICIENCY OR DELAY IN THE SERVICES SHALL BE THOSE EXPRESSED HEREIN. LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL KVH’S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR KVH’S PERFORMANCE OR ASSERTED FAILURE TO PERFORM HEREUNDER, IN CONTRACT, TORT (INCLUDING NEGLIGENCE) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received any installment of Rent due under this Lease on the date it is dueOR OTHERWISE, Tenant shall pay Landlord a late charge equal to five percent (5%) of the delinquent installment of RentINCLUDING LIABILITY FOR THE ACTION OR FAILURE TO ACT OF KVH’S EMPLOYEES OR AGENTS, EXCEED THE PURCHASE PRICE OF THE SERVICES TO WHICH SUCH LIABILITY RELATES. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated hereinIN NO EVENT SHALL KVH BE LIABLE FOR SPECIAL, the exact amount of which will be difficult to calculateINCIDENTAL, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by TenantEXEMPLARY, (b) the amount of such late charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by TenantCONSEQUENTIAL OR OTHER INDIRECT DAMAGES, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoingINCLUDING, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunderWITHOUT LIMITATION, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this LeaseDAMAGES RESULTING FROM LOSS OF USE, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy available to Landlord upon Tenant’s failure to pay Rent when duePROFITS, including the right to terminate this Lease.BUSINESS OR GOODWILL, WHETHER OR NOT KVH HAS BEEN

Late Charges. (a) All non-scheduled payments required Tenant hereby acknowledges that late payment by Tenant to Landlord of Base Monthly Rent and other sums due hereunder (i.e.will cause Landlord to incur costs not contemplated by this Lease, other than the Monthly Base Rentexact amount of which is extremely difficult to ascertain. Such costs include but are not limited to: administrative, Rent Adjustmentsprocessing, accounting, and late charges which may be imposed on Landlord by the terms of any contract, revolving credit, mortgage, or trust deed covering the Premises. Accordingly, if any installment of Base Monthly Rent Adjustment Deposits, which or other sum due from Tenant shall not be due as hereinbefore provided) to received by Landlord shall be paid or its designee within thirty five (305) days after Landlord’s demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received any installment of Rent due under this Lease on the date it rent is due, Tenant shall pay to Landlord a late charge equal to five percent (5%) percent of such overdue amount, which late charge shall be due and payable on the delinquent installment of Rentsame date that the overdue amount was due. The foregoing notwithstanding, Tenant shall be granted one exception per calendar year when Base Monthly Rent may be received by Landlord up to ten (10) days after notice to Tenant that such Base Monthly Rent is past due before Tenant incurs the 5% late charge. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (b) the amount of such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant, excluding interest and attorneys fees and costs. If any rent or other sum due from Tenant remains delinquent for a period in excess of thirty (30) days then, in addition to such costs late charge, Tenant shall pay to Landlord interest on any rent that is not paid when due at the Agreed Interest Rate specified in Section 19.J and expenses and that calculated from the date thirty (30) days following the date such amount became due until the date such rent is paid. Acceptance by Landlord of such late charge shall be paid not constitute a waiver of Tenant's default with respect to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Lease, overdue amount nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or remedy available not collected, for three (3) consecutive installments of Base Monthly Rent, then the Base Monthly Rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding any provision of this Lease to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate this Leasecontrary.

Late Charges. (a) All non-scheduled payments required hereunder (i.e., other than the Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which shall be due as hereinbefore provided) to Landlord shall be paid within thirty (30) days after Landlord’s demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) Any amount not paid when by Tenant after its due date, in accordance with the terms of this Lease, shall bear interest from the such due date due until the date paid in full at the Default Rate in effect on lesser of (a) the date such payment was due. highest rate permitted by applicable law or (b) In the event that Prime Rate (as reported in the Wall Street Journal) of interest (“Prime Rate”) plus ten percent (10%) per annum. It is expressly the intent of Landlord has not received and Tenant at all times to comply with applicable law governing the maximum rate or amount of any installment of Rent due interest payable on or in connection with this Lease. If applicable law is ever judicially interpreted so as to render usurious any interest called for under this Lease Lease, or contracted for, charged, taken, reserved, or received with respect to this Lease, then it is Landlord’s and Tenant’s express intent that all excess amounts theretofore collected by Landlord be credited on the date it is dueapplicable obligation (or, if the obligation has been or would thereby be paid in full, refunded to Tenant), and the provisions of this Lease immediately shall be deemed reformed and the amounts thereafter collectible hereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder. Landlord, in addition to all other rights and remedies available to it, may charge Tenant shall pay Landlord a late charge fee equal to five percent (5%) of the delinquent installment of Rent. The parties agree that (i) such delinquency will cause payment to reimburse Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the for its cost and expense inconvenience incurred as a consequence of Tenant’s delinquency. Notwithstanding anything contained in the foregoing to the contrary, Landlord hereby agrees that will be incurred by Landlord in processing each delinquent for the first occurrence of a late payment of rent Base Rent by TenantTenant hereunder within any consecutive twelve (12) month period, (b) the amount of such late charge represents a reasonable estimate of such costs and expenses and that such late charge Tenant shall not be paid to Landlord obligated for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and Default Interest or the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge described herein unless and until such amounts remain outstanding ten (10) days after Tenant’s receipt of written notice from Landlord that such amounts are or were due and payable. If the amounts due are not paid within ten (10) days after Tenant’s receipt of written notice, Default Interest shall be payable by Tenant begin accruing on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after date the date that it is otherwise due. Under no circumstances shall interest be payable on any late chargeamount was originally due and payable. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Lease, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy available to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate this Lease.

Late Charges. Any and all sums or charges set forth in this Section 8 are considered part of Additional Rent. Tenant acknowledges that late payment (athe sixth (6th) All non-scheduled payments required hereunder (i.e., other than the Monthly day of each month or any time thereafter) by Tenant to Landlord of Base Rent, Rent Adjustmentsor other sums due hereunder, and Rent Adjustment Deposits, which shall be due as hereinbefore provided) to Landlord shall be paid within thirty (30) days after Landlord’s demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received any installment of Rent due under this Lease on the date it is due, Tenant shall pay Landlord a late charge equal to five percent (5%) of the delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated hereinby this Lease, the exact amount of which will such costs being extremely difficult and impracticable to fix. Such costs include, without limitation, processing and accounting charges, and late charges that may be difficult imposed on Landlord by the terms of any note secured by any encumbrance against the Premises, and late charges and penalties due to calculatethe late payment of real property taxes on the Premises. Therefore, including the cost and expense that will be incurred if any installment of Base Rent or any other sum due from Tenant is not received by Landlord within five (5) calendar days of the date due, Tenant shall promptly pay to Landlord all of the following, as applicable: (a) an additional sum equal to seven percent (7%) of such delinquent amount plus interest on such delinquent amount at the rate equal to the prime rate plus three percent (3%) for the time period exceeding thirty (30) days that such payments are delinquent as a late charge for the first instance during any calendar year in processing each delinquent payment of rent by Tenantwhich Landlord does not receive Rent within said five (5) day period. If Tenant delivers to Landlord a check for which there are not sufficient funds, (b) Landlord may, at its sole option, require Tenant to replace such check with a cashier’s check for the amount of such late charge represents a reasonable estimate of such costs check and expenses and that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due other charges payable hereunder. The parties further agree that this late charge and the payment other charges referenced above represent a fair and reasonable estimate of the costs that Landlord will incur by reason of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment . Acceptance of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no any late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late or other charges shall not excuse or cure any constitute a waiver by Landlord of Tenant’s default by Tenant under this Leasewith respect to the delinquent amount, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy of the other rights and remedies available to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate for any other breach of Tenant under this Lease.

Late Charges. Time is of the essence for all payments and other obligations due under this Note. Borrower acknowledges that if any payment required under this Note is not received by Lender within ten (a10) All non-scheduled payments required hereunder calendar days after the same becomes due and payable, Lender will incur extra administrative expenses (i.e., other than in addition to expenses incident to receipt of timely payment) and the Monthly Base Rentloss of the use of funds in connection with the delinquency in payment. Because, Rent Adjustments, and Rent Adjustment Deposits, which shall be due as hereinbefore provided) to Landlord shall be paid within thirty (30) days after Landlord’s demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until nature of the date paid at case, the Default Rate in effect on actual damages suffered by Lender by reason of such administrative expenses and loss of the date such payment was due. (b) In the event use of funds would be impracticable or extremely difficult to ascertain, Borrower agrees that Landlord has not received any installment of Rent due under this Lease on the date it is due, Tenant shall pay Landlord a late charge equal to five percent (5%) of the delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will the delinquent payment, together with interest accruing on the entire principal balance of this Note at the Default Rate, as provided above, shall be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (b) the amount of damages which Lender is entitled to receive upon Borrower’s failure to make a payment of principal or interest when due, in compensation therefor. Therefore, Borrower shall, in such late charge represents a reasonable estimate of event, without further demand or notice, pay to Lender, as Lender’s monetary recovery for such costs and extra administrative expenses and that such late charge shall be paid to Landlord for each loss of use of funds, liquidated damages in the amount of five percent (5%) of the amount of the delinquent payment (in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Lease, nor shall the foregoing Rate). The provisions of this Article paragraph are intended to govern only the determination of damages in the event of a breach in the performance of Borrower to make timely payments hereunder. Nothing in this Note shall be construed as in any way giving Borrower the right, express or any implied, to fail to make timely payments hereunder, whether upon payment of such payments prevent Landlord from exercising any damages or otherwise. The right or remedy available of Lender to Landlord upon Tenant’s failure receive payment of such liquidated and actual damages, and receipt thereof, are without prejudice to pay Rent when due, including the right of Lender to terminate this Leasecollect such delinquent payments and any other amounts provided to be paid hereunder or under any of the Loan Documents, or to declare a default hereunder or under any of the Loan Documents.

Late Charges. (a) All non-scheduled payments required hereunder (i.e., other than the Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which shall be due as hereinbefore provided) to Landlord shall be paid within thirty ten (3010) business days after Landlord’s demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received Tenant is more than five (5) days late in paying any installment of Rent due under this Lease on the date it is dueLease, Tenant shall pay Landlord a late charge equal to five percent (5%) of the delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (bii) the amount of such late charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by TenantXxxxxx, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no Landlord will not assess a late charge shall be payable by Tenant on until Landlord has given written notice of such late payment for the first occasion late payment in any twelve-twelve (12) month period of a delay in and after Tenant has not cured such late payment within three (3) days from receipt of any payment hereunder, provided that Tenant delivers such payment notice. No other notices will be required during the following twelve (12) months for a late charge to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late chargeincurred. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Lease, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy available to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate this Lease.

Late Charges. Tenant acknowledges that the late payment of Rent will cause Landlord to incur damages, the exact amount of which would be impractical and extremely difficult to ascertain. Such damages may include, without limitation, processing, accounting, and other administrative costs, loss of use of the overdue funds, and late charges that may be imposed on Landlord by the terms of any encumbrance and note secured by any encumbrance covering the Premises. Landlord and Tenant agree that if Landlord does not receive a payment of Rent within ten (10) days after such payment becomes due, Tenant shall pay to Landlord a late charge in an amount equal to three percent (3%) of such overdue Rent. Notwithstanding the foregoing, such late charge shall not be assessed if all of the following conditions shall apply: (a) All nonthe late payment is made within ten (10) days after Landlord’s written notice of delinquent payment and (b) Landlord shall not, during the 365-scheduled day period immediately preceding the due date of such late payment, have delivered to Tenant written notice of more than one (1) then delinquent payment of Minimum Monthly Rent or more than two (2) other delinquent payments required hereunder of Rent (i.e., other than Minimum Monthly Rent). In addition to the Monthly Base Rentprovisions set forth in Section 23 of this Lease and in Section 50 of this Lease, Rent Adjustments, and Rent Adjustment Deposits, which except that Tenant shall be due as hereinbefore provided) have no obligation to pay to Landlord shall be paid interest on interest, if Landlord does not receive a payment of Rent within thirty (30) days after Landlord’s demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received any installment of Rent due under this Lease on the date it is becomes due, Tenant shall pay to Landlord a additional late charge equal to five charges computed at the interest rate of ten percent (510%) per annum or, if lower, the maximum interest rate allowed by law (the “Interest Rate”). Landlord agrees that any payments due from Landlord to Tenant that are not received by Tenant within thirty (30) days after such payment becomes due shall bear interest at the Interest Rate until paid. Such interest shall begin to accrue as of the delinquent installment of Rentsuch 30th day after such Rent payment became due. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (b) the amount of such late charge represents charges represent a fair and reasonable estimate of such costs and expenses and the cost that such Landlord will incur by reason of late payment by Tenant. Acceptance of any late charge shall be paid to by Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse cure or cure any waive Tenant’s default by Tenant under this Lease, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising exercising, before or after such acceptance, any right of the rights and remedies for a default provided by this Lease or remedy available to Landlord upon at law. Tenant shall be liable for late charges regardless of whether Tenant’s failure to pay the Rent when due, including the right to terminate due constitutes an Event of Default under this Lease.

Late Charges. (a) All non-scheduled payments required hereunder (i.e., other than the Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which shall be due as hereinbefore provided) to Landlord shall be paid within thirty ten (3010) business days after Landlord’s demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received Tenant is more than five (5) business days late in paying any installment of Rent due under this Lease on the date it is dueLease, Tenant shall pay Landlord a late charge equal to five percent (5%) of the delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (bii) the amount of such late charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by TenantXxxxxx, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Lease, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy available to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate this Lease.

Late Charges. Any and all sums or charges set forth in this Section 8 are considered part of Additional Rent. Tenant acknowledges that late payment (athe second day after Landlord's delivery of written notice that any sum has not been paid when due or any time thereafter) All non-scheduled payments required hereunder (i.e., other than the Monthly by Tenant to Landlord of Base Rent, Rent AdjustmentsTenant's Share of Operating Expenses, Tax Expenses, Common Area Utility Costs, and Rent Adjustment DepositsUtility Expenses or other sums due hereunder, which shall be due as hereinbefore provided) to Landlord shall be paid within thirty (30) days after Landlord’s demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received any installment of Rent due under this Lease on the date it is due, Tenant shall pay Landlord a late charge equal to five percent (5%) of the delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated hereinby this Lease, the exact amount of which will such costs being extremely difficult and impracticable to fix. Such costs include, without limitation, processing and accounting charges, and late charges that may be difficult imposed on Landlord by the terms of any note secured by any encumbrance against the Premises, and late charges and penalties due to calculatethe late payment of real property taxes on the Premises. Therefore, including the cost and expense that will be incurred if any installment of Rent or any other sum due from Tenant is not received by Landlord in processing each within two (2) days after Landlord's delivery of written notice that such sum is otherwise due, Tenant shall promptly pay to Landlord all of the following, as applicable: (a) an additional sum equal to seven percent (7%) of such delinquent payment of rent by Tenantamount as a late charge for every month or portion thereof that such sums remain unpaid, and (b) the amount of fifty dollars ($50) relating to checks for which there are not sufficient funds; provided, however, the foregoing late charges shall only be required to be paid by Tenant if Tenant has been late in making such late charge represents payments more than three (3) times during the Term of this Lease. If Tenant delivers to Landlord a reasonable estimate check for which there are not sufficient funds, Landlord may, at its sole option, require Tenant to replace such check with a cashier's check for the amount of such costs check and expenses and that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due other charges payable hereunder. The parties further agree that this late charge and the payment other charges referenced above represent a fair and reasonable estimate of the costs that Landlord will incur by reason of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment . Acceptance of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no any late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late or other charges shall not excuse or cure any constitute a waiver by Landlord of Tenant's default by Tenant under this Leasewith respect to the delinquent amount, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy of the other rights and remedies available to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate for any other breach of Tenant under this Lease. If a late charge or other charge becomes payable for any three (3) installments of Rent within any twelve (12) month period, then Landlord, at Landlord's sole option, can either require the Rent be paid quarterly in advance, or be paid monthly in advance by cashier's check or by electronic funds transfer.

Late Charges. (a) All non-scheduled payments required Tenant hereby acknowledges that late payment by Tenant to Landlord of Base Monthly Rent and other sums due hereunder (i.e.will cause Landlord to incur costs not contemplated by this Lease, other than the Monthly Base Rentexact amount of which is extremely difficult to ascertain. Such costs include but are not limited to: administrative, Rent Adjustmentsprocessing, accounting, and late charges which may be imposed on Landlord by the terms of any contract, revolving credit, mortgage, or trust deed covering the Premises. Accordingly, if any installment of Base Monthly Rent Adjustment Deposits, which or other sum due from Tenant shall not be due as hereinbefore provided) to received by Landlord shall be paid or its designee within thirty five (305) days after Landlord’s demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received any installment of Rent due under this Lease on the date it rent is due, Tenant shall pay to Landlord a late charge equal to five percent (5%) percent of such overdue amount, which late charge shall be due and payable on the delinquent installment same date that the overdue amount was due. Landlord agrees to provide Tenant a notice to pay rent or quit if the Base Monthly Rent is not received when due and further agrees to waive said late charge in the event all amounts set forth in such notice are paid in full by cashier's check within five (5) days after Landlord's service upon Tenant of Rentsuch notice. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (b) the amount of such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant, excluding interest and attorneys fees and costs. If any rent or other sum due from Tenant remains delinquent for a period in excess of thirty (30) days then, in addition to such costs and expenses and late charge, Tenant shall pay to Landlord interest on any rent that is not paid when due at the Agreed Interest Rate specified in Section 19.J following the date such amount became due until paid. Acceptance by Landlord of such late charge shall be paid not constitute a waiver of Tenant's default with respect to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Lease, overdue amount nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy available to Landlord upon Tenant’s failure to pay Rent when due, including of the right to terminate this Leaseother rights and remedies granted hereunder.

Late Charges. Any and all sums or charges set forth in this Section 8 are considered part of Additional Rent. Tenant acknowledges that late payment (athe second day of each month or any time thereafter) All non-scheduled payments required hereunder (i.e., other than the Monthly by Tenant to Landlord of Base Rent, Rent AdjustmentsTenant's Share of Increased Operating Expenses, Increased Tax Expenses, Common Area Utility Costs, and Rent Adjustment DepositsUtility Expenses, which shall be Administrative Expenses or other sums due as hereinbefore provided) to Landlord shall be paid within thirty (30) days after Landlord’s demand therefor. All such amounts (including Monthly Base Renthereunder, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received any installment of Rent due under this Lease on the date it is due, Tenant shall pay Landlord a late charge equal to five percent (5%) of the delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated hereinby this Lease, the exact amount of which will such costs being extremely difficult and impracticable to fix. Such costs include, without limitation, processing and accounting charges, and late charges that may be difficult imposed on Landlord by the terms of any note secured by any encumbrance against the Premises, and late charges and penalties due to calculatethe late payment of real property taxes on the Premises. Therefore, including the cost and expense that will be incurred if any installment of Rent or any other sum due from Tenant is not received by Landlord in processing each when due, Tenant shall promptly pay to Landlord all of the following, as applicable: (a) an additional sum equal to ten percent (10%) of such delinquent payment of rent by Tenantamount plus interest on such delinquent amount at the rate equal to the prime rate plus three percent (3%) for the time period such payments are delinquent as a late charge for every month or portion thereof that such sums remain unpaid, (b) the amount of seventy-five dollars ($75) for each three-day notice prepared for, or served on, Tenant, (c) the amount of fifty dollars ($50) relating to checks for which there are not sufficient funds. If Tenant delivers to Landlord a check for which there are not sufficient funds, Landlord may, at its sole option, require Tenant to replace such late charge represents check with a reasonable estimate cashier's check for the amount of such costs check and expenses and that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due other charges payable hereunder. The parties further agree that this late charge and the payment other charges referenced above represent a fair and reasonable estimate of the costs that Landlord will incur by reason of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment . Acceptance of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no any late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late or other charges shall not excuse or cure any constitute a waiver by Landlord of Tenant's default by Tenant under this Leasewith respect to the delinquent amount, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy of the other rights and remedies available to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate for any other breach of Tenant under this Lease. If a late charge or other charge becomes payable for any three (3) installments of Rent within any twelve (12) month period, then Landlord, at Landlord's sole option, can either require the Rent be paid quarterly in advance, or be paid monthly in advance by cashier's check or by electronic funds transfer.

Late Charges. (a) All non-scheduled payments required hereunder (i.e.If Tenant fails to pay, other than when the Monthly Base same is due and payable, any Rent, Additional Rent Adjustmentsor Other Charges, and Rent Adjustment Deposits, which shall be due as hereinbefore provided) to Landlord shall be paid within thirty (30) days after Landlord’s demand therefor. All such unpaid amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest at the rate of two percent (2%) per month from the date due until to the date paid of payment, unless such amount would violate any applicable usury law, in which event such unpaid amounts shall bear interest at the Default Rate in effect on highest rate then allowed by law. In addition to such interest, Tenant acknowledges that the date such late payment was due. (b) In the event that Landlord has not received by Tenant of any installment of Rent, Additional Rent due or Other Charges will cause Landlord to incur certain costs and expenses not contemplated under this Lease on Lease, the date it exact amount of such costs being extremely difficult or impractical to fix. Such costs and expenses will include, without limitation, administrative and collection costs, and processing and accounting expenses. Therefore, if any Rent, Additional Rent or Other Charge installment is not received by Landlord from Tenant by the fifth (5th) day after such installment is due, Tenant shall immediately pay Landlord to Landlord, in addition to the installment due, a late charge equal to five twelve percent (512%) of the delinquent installment of Rentsuch installment. The parties Landlord and Tenant agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (b) the amount of such this late charge represents a reasonable estimate of such costs and expenses and that is fair compensation to Landlord for its loss and expense suffered by such nonpayment by Tenant. Acceptance of this late charge shall be paid not constitute a waiver of Tenant’s default with respect to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable such nonpayment by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Lease, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy all other rights and remedies available to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate under this Lease. Landlord shall apply payments made by Tenant first to accrued charges, interest and rent in the following order: (a) Late Charges; (b) interest; (c) Rent; Other Charges and Additional Rent; and (d) any balance remaining to current Rent, Other Charges, and Additional Rent. Notwithstanding anything in this Section 7 to the contrary, provided Tenant pays all sums due hereunder by electronic funds transfer, Landlord shall waive the first (1st) late charge that may be incurred by Tenant during any twelve (12) month period during the Lease Term, provided the unpaid amount is in fact paid in full by Tenant on or before the fifteenth (15th) day of the month in which any such payment is due.

Late Charges. (a) All non-scheduled payments required hereunder (i.e., other than the Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which shall be due as hereinbefore provided) Tenant hereby acknowledges that late payment by Tenant to Landlord shall be paid within thirty (30) days after Landlord’s demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustments, of rent and Rent Adjustment Deposits) not paid when other sums due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received any installment of Rent due under this Lease on the date it is due, Tenant shall pay Landlord a late charge equal to five percent (5%) of the delinquent installment of Rent. The parties agree that (i) such delinquency hereunder will cause Landlord to incur costs and expenses not contemplated hereinby this Lease, the exact amount of which will be extremely difficult to calculateascertain. Such costs include, including but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by the cost and expense that will terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or other sum due from Tenant shall not be incurred received by Landlord or Landlord’s designee within five (5) days after such amount shall be due (that provided, however that Tenant shall be entitled to notice, prior to the commencement of such five (5) day period, on the first (1st) occasion in processing each delinquent payment of rent by any calendar year on which Tenant falls to timely pay an amount due hereunder), then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to ten percent (b10%) the amount of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of such the costs and expenses and that Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge be Landlord shall be paid in no event constitute a waiver of Tenant’s Default or Breach with respect to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Leaseoverdue amount, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or remedy available not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to Landlord upon Tenantthe contrary, Base Rent shall, at Landlord’s failure to pay option, become due and payable quarterly in advance; provided, however, that if Tenant subsequently pays such quarterly Base Rent when duein a timely fashion for four (4) consecutive calendar quarters, including the right to terminate this LeaseRent shall thereafter be payable on a monthly basis.

Late Charges. (a) All non-scheduled payments required hereunder (i.e., other than the Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which shall be due as hereinbefore provided) to Landlord shall be paid within thirty (30) days after Landlord’s demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received If any installment of rent or other sum due from Tenant shall not be received by Landlord or Landlord’s designee at the address stated in, and in accordance with, the Rent due under Payment Instructions attached as Exhibit H to this Lease on the date it is Lease, within five (5) business days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to five percent (5%) of such overdue amount. Any postdated checks, two party checks, third party checks or any check from a party other than the delinquent installment Tenant named in this Lease will not be accepted and will be deemed late unless a check from Tenant is received within such five (5) day period. Tenant acknowledges that late payment by Tenant to Landlord of Rent. The parties agree that (i) such delinquency rent and other sums due hereunder will cause Landlord to incur costs and expenses not contemplated hereinby this Lease, the exact amount of which will be extremely difficult to calculateascertain. Notwithstanding the foregoing, including Tenant shall not be obligated to pay such late charge for the cost and expense first such late payment in any twelve (12) month period, provided that will be incurred by such payment is made within three (3) business days after notice from Landlord in processing each delinquent payment of rent by Tenant, (b) the that such amount of was not paid when due. The Parties agree that such late charge represents a fair and reasonable estimate of such the costs and expenses and that Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall be paid in no event constitute a waiver of Tenant’s Default or Breach with respect to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Leaseoverdue amount, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right of the other rights and remedies granted hereunder. In addition to the late charge, in the event (i) any check is returned for insufficient funds, (ii) Landlord receives a check for an installment of rent at an address other than the address set forth in the Rent Payment Instructions attached as Exhibit H to this Lease, or remedy available (iii) Landlord receives a postdated check, a two party check, a third party check or any check for Rent from a party other than the Tenant named in this Lease, Tenant shall pay to Landlord, as additional rent, the sum of $50.00. In the event that more than one (1) check of Tenant is returned for insufficient funds in any twelve (12) month period, Landlord upon Tenant’s failure to pay Rent when due, including shall have the right to terminate this Leaserequire that any or all subsequent payments by Tenant to Landlord be in the form of cashier’s or certified check drawn on an institution acceptable to Landlord, notwithstanding any prior practice of accepting payments in any different form.

Late Charges. (a) All non-scheduled payments required hereunder (i.e.If Tenant fails to pay, other than when the Monthly Base same is due and payable, any Rent, Additional Rent Adjustmentsor Other Charges, and Rent Adjustment Deposits, which shall be due as hereinbefore provided) to Landlord shall be paid within thirty (30) days after Landlord’s demand therefor. All such unpaid amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest at the rate of two percent (2%) per month from the date due until to the date paid of payment, unless such amount would violate any applicable usury law, in which event such unpaid amounts shall bear interest at the Default Rate in effect on highest rate then allowed by law. In addition to such interest, Tenant acknowledges that the date such late payment was due. (b) In the event that Landlord has not received by Tenant of any installment of Rent, Additional Rent due or Other Charges will cause Landlord to incur certain costs and expenses not contemplated under this Lease on Lease, the date it exact amount of such costs being extremely difficult or impractical to fix. Such costs and expenses will include, without limitation, administrative and collection costs, and processing and accounting expenses. Therefore, if any Rent, Additional Rent or Other Charge installment is not received by Landlord from Tenant by the fifth (5th) day after such installment is due, Tenant shall immediately pay Landlord to Landlord, in addition to the installment due, a late charge equal to five twelve percent (512%) of the delinquent installment of Rentsuch installment. The parties Landlord and Tenant agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (b) the amount of such this late charge represents a reasonable estimate of such costs and expenses and that is fair compensation to Landlord for its loss and expense suffered by such nonpayment by Tenant. Acceptance of this late charge shall be paid not constitute a waiver of Tenant’s default with respect to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable such nonpayment by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Lease, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy all other rights and remedies available to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate under this Lease. Landlord shall apply payments made by Tenant fast to accrued charges, interest and rent in the following order: (a) Late Charges; (b) interest; (c) Rent; Other Charges and Additional Rent; and (d) any balance remaining to current Rent, Other Charges, and Additional Rent. Notwithstanding anything in this Section 7 to the contrary, provided Tenant pays all sums due hereunder by electronic funds transfer, Landlord shall waive the first (1st) late charge that may be incurred by Tenant during any twelve (12) month period during the Lease Term, provided the unpaid amount is in fact paid in full by Tenant on or before the fifteenth (15th) day of the month in which any such payment is due.

Late Charges. (a) All non-scheduled payments required Tenant hereby acknowledges that late payment by Tenant to Landlord of Base Monthly Rent and other sums due hereunder (i.e.will cause Landlord to incur costs not contemplated by this Lease, other than the Monthly Base Rentexact amount of which is extremely difficult to ascertain. Such costs include but are not limited to: administrative, Rent Adjustmentsprocessing, accounting, and Rent Adjustment Depositslate charges which may be imposed on Landlord by the terms of any contract, which shall be due as hereinbefore provided) to Landlord shall be paid within thirty (30) days after Landlord’s demand thereforrevolving credit, mortgage, or trust deed covering the Premises. All such amounts (including Monthly Base RentAccordingly, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received if any installment of Base Monthly Rent or other sum due under this Lease on from Tenant shall not be received by Landlord or its designee within five (5) business days after the date it the rent is due, Tenant shall pay to Landlord a late charge equal to five percent (5%) percent of such overdue amount, which late charge shall be due and payable on the delinquent installment of Rentsame date that the overdue amount was due. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (b) the amount of such late charge represents a fair and reasonable estimate of such the costs and expenses and that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment will incur by reason of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling excluding interest and processing delinquent paymentsattorneys fees and costs. Notwithstanding the foregoing, no upon the first failure of Tenant to make timely payment in any calendar year of the Term, Tenant shall not be liable for such late charge shall be payable by if Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers pays such payment overdue amount to Landlord within two three (23) business days after receipt of written notice that such amount was not received when due. If any rent or other sum due from Tenant remains delinquent for a period in excess of thirty (30) days then, in addition to such late charge, Tenant shall pay to Landlord interest on any rent that is not paid when due at the Agreed Interest Rate specified in Section 19.J following the date that it is otherwise duesuch amount became due until paid. Under no circumstances shall interest be payable on any Acceptance by Landlord of such late charge. (c) Payment of interest at the Default Rate and/or of late charges charge shall not excuse or cure any constitute a waiver of Tenant's default by Tenant under this Lease, with respect to such overdue amount nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or remedy available not collected, for three (3) consecutive installments of Base Monthly Rent, then the Base Monthly Rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding any provision of this Lease to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate this Leasecontrary.

Late Charges. (a) All non-scheduled payments required hereunder (i.e., other than the The Monthly Base Rent, Rent Adjustments, Adjustments and Rent Adjustment Deposits, which Deposits shall be due when and as hereinbefore provided) specifically provided above. Except for such payments and late charges described below, which late charge shall be due when provided below (without notice or demand), all other payments required hereunder to Landlord shall be paid within thirty twenty (3020) days after Landlord’s demand therefor. All such amounts (including Monthly Base RentRent and charges, Rent Adjustmentsexcept late charges, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received Tenant is more than five (5) days late in paying any installment of Rent due under this Lease on the date it is dueLease, Tenant shall pay Landlord a late charge equal to five percent (5%) of the delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, and (bii) the amount of such late charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no Landlord shall provide written notice to Tenant with respect to the first late payment in any twelve month period and there shall not be a late charge shall be payable by becoming due unless Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers fails to pay such payment to Landlord sums within two five (25) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late chargewritten notice thereof. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Lease, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy available to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate this Lease.

Late Charges. (a) All non-scheduled payments required Tenant hereby acknowledges that late payment by Tenant to Landlord of Base Monthly Rent and other sums due hereunder (i.e.will cause Landlord to incur costs not contemplated by this Lease, other than the Monthly Base Rentexact amount of which is extremely difficult to ascertain. Such costs include but are not limited to: administrative, Rent Adjustmentsprocessing, accounting, and late charges which may be imposed on Landlord by the terms of any contract, revolving credit, mortgage, or trust deed covering the Premises. Accordingly, if any installment of Base Monthly Rent Adjustment Deposits, which or other sum due from Tenant shall not be due as hereinbefore provided) to received by Landlord shall be paid or its designee within thirty five (305) days after Landlord’s demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event written notice that Landlord has not received any installment of Rent due under this Lease on the date it rent is due, Tenant shall pay to Landlord a late charge equal to five percent (5%) percent of such overdue amount, which late charge shall be due and payable on the delinquent installment of Rentsame date that the overdue amount was due. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (b) the amount of such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant, excluding interest and attorneys fees and costs. If any rent or other sum due from Tenant remains delinquent for a period in excess of thirty (30) days then, in addition to such costs and expenses and late charge, Tenant shall pay to Landlord interest on any rent that is not paid when due at the Agreed Interest Rate specified in Section 19.J following the date such amount became due until paid. Acceptance by Landlord of such late charge shall be paid not constitute a waiver of Tenant’s default with respect to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Lease, overdue amount nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or remedy available not collected, for three (3) consecutive installments of Base Monthly Rent, then the Base Monthly Rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding any provision of this Lease to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate this Leasecontrary.

Late Charges. (a) All non-scheduled payments required hereunder (i.e., other than the Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which shall be due as hereinbefore provided) Tenant hereby acknowledges that late payment by Tenant to Landlord shall be paid within thirty (30) days after Landlord’s demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustments, of rent and Rent Adjustment Deposits) not paid when other sums due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received any installment of Rent due under this Lease on the date it is due, Tenant shall pay Landlord a late charge equal to five percent (5%) of the delinquent installment of Rent. The parties agree that (i) such delinquency hereunder will cause Landlord to incur costs and expenses not contemplated hereinby this Lease, the exact amount of which will be extremely difficult to calculateascertain. Such costs include, including but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by the cost and expense that will terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or other sum due from Tenant shall not be incurred received by Landlord or Landlord’s designee within five (5) days after such amount shall be due (that provided, however that Tenant shall be entitled to notice, prior to the commencement of such five (5) day period, on the first (1st) occasion in processing each delinquent payment of rent by any calendar year on which Tenant fails to timely pay an amount due hereunder), then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to ten percent (b10%) the amount of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of such the costs and expenses and that Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge be Landlord shall be paid in no event constitute a waiver of Tenant’s Default or Breach with respect to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Leaseoverdue amount, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or remedy available not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to Landlord upon Tenantthe contrary, Base Rent shall, at Landlord’s failure to pay option, become due and payable quarterly in advance; provided, however, that if Tenant subsequently pays such quarterly Base Rent when duein a timely fashion for four (4) consecutive calendar quarters, including the right to terminate this LeaseRent shall thereafter be payable on a monthly basis.

Late Charges. (a) All non-scheduled payments required Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent and other sums due hereunder (i.e.will cause Landlord to incur costs not contemplated by this Lease, other than the Monthly Base Rentexact amount of which will be extremely difficult to ascertain. Such costs include, Rent Adjustmentsbut are not limited to, processing and accounting charges, and Rent Adjustment Depositslate charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Premises. Accordingly, which shall be due as hereinbefore provided) to Landlord shall be paid within thirty (30) days after Landlord’s demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received if any installment of Rent or any other sum due under this Lease on the date it from Tenant shall not be received by Landlord or Landlord’s designated agent within five (5) days after such amount is duedue and owing, Tenant shall pay to Landlord a late charge equal to five percent (5%) of such overdue amount each time a late charge is payable during the delinquent installment Lease Term. Notwithstanding the above, on three occasions during the Lease Term (as it may be extended) but not more than once every twelve (12) months during the Lease Term, Tenant shall be entitled to written notice of Rentnon-receipt of Rent from Landlord, and Tenant shall not be liable for any late charge, interest or other late fee hereunder if such Rent is received by Landlord within three (3) business days after Tenant’s receipt of such written notice from Landlord. The parties hereby agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (b) the amount of such late charge represents a fair and reasonable estimate of such the costs and expenses and that Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall be paid in no event constitute a waiver of Tenant’s default with respect to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Leaseoverdue amount, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or remedy available not collected, for three (3) consecutive installments of Rent, then Rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Section 4.01 or any other provision of this Lease to Landlord upon Tenant’s failure to pay the contrary. The late charge shall be deemed Additional Rent when due, including and the right to terminate this Leaserequire it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner.

Late Charges. 7. Tenant agrees that all Minimum Base Rent not received by Landlord within five (a5) All non-scheduled payments required hereunder (i.e., other than calendar days of the Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which due date shall be due as hereinbefore providedconsidered delinquent and agrees to pay a late charge equal to ten percent (10%) to Landlord of the delinquent payment within five (5) business days after receipt of written notice of non receipt of payment. Rent mailed and bearing a U. S. Postal Service postmark of the third (3rd) of a month shall not be considered delinquent no matter when received. Additionally, any delinquent payments not paid within thirty (30) days after Landlord’s demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when of the original due date shall bear interest from the date due until the date paid at the Default Rate lower of the maximum rate then allowed by law or two points over the reference rate (prime rate) charged by the San Francisco Main Branch of the Bank of America. SECURITY DEPOSIT (a) Tenant shall deposit with Landlord the total sum of Twenty Five Thousand and 00/100 Dollars ($25,000.00) on execution of this Lease. Said security deposit shall be increased each year such that it equals one (1) month of the then current Base Rent. Said sum shall be held by Landlord as security for the faithful performance by Tenant of all of the terms, covenants, and conditions of this Lease. If Tenant defaults with respect to any provision of this Lease, including, but not limited to, the provisions relating to the payment of rent, Landlord may (but shall not be required to) use, apply or retain all or any part of this security deposit for the payment of any rent or any other sum in effect default, or for the payment of any reasonable amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of tenant's default. If any portion of said deposit is so used or applied, Tenant shall, within five (5) days after written demand therefor, deposit cash with Landlord in an amount sufficient to restore the security deposit to its original amount and Tenant's failure to do so shall be a material breach of this Lease. Landlord shall not be required to keep this security deposit separate from its general funds, and Tenant shall not be entitled to any interest on the date such payment was duesaid deposit. (b) In the event that Landlord has not received any installment of Rent due under If Landlord's interest in this Lease on is terminated, Landlord shall transfer said deposit to Landlord's successor in interest and Landlord's successor agrees to be bound by the date it is due, Tenant shall pay Landlord a late charge equal to five percent (5%) terms of the delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (b) the amount of such late charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Lease, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy available to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate this Lease.

Late Charges. (a) All non-scheduled payments required hereunder (i.e., other than Any rent payment not made by the Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which fifth day of the month shall be due as hereinbefore provided) considered overdue and in addition to Landlord shall be paid within thirty (30) days after Landlord’s demand therefor. All such amounts (including Monthly Base RentSublessor's other remedies, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received any installment of Rent due under this Lease on the date it is due, Tenant shall pay Landlord Sublessor may levy a late payment charge equal to five percent (5%) per month on any overdue amount. Rent Payments and Security Deposit Prior to taking possession of the delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated hereinPremises, Sublessee shall pay first month's rent, the exact amount of which will be difficult to calculatelast two months' rent, including the cost and expense that will be incurred by Landlord a two month security deposit in processing each delinquent payment of rent by Tenant, (b) the amount of such late charge represents a reasonable estimate $125,000.00 (One Hundred and Twenty Five Thousand Dollars) for the full and faithful performance by the Sublessee of such costs all the terms of this Commercial Sublease. The security deposit will be refunded to Sublessee after the expiration of this sublease, provided the Sublessee has fully and expenses and that such late charge faithfully carried out all of its obligations under this Agreement. The Master Lease's rent shall be paid directly to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment difference between the Sublease and the Master Lease will be paid directly to Sublessor. Sublessor agrees to notify Sublessee in writing on any notices received by Sublessor from landlord, including but not limited to a breach of interest Master Lease. Sublessor agrees that Sublessee has the right to cure said breach, and offset the cost of said cure from payments due Sublessor. Utilities Sublessee shall pay directly for all utilities, services and charges provided for in subparagraph (a) above are distinct to the premises, including any and separate from one another in that the payment all deposits required. Parking Space Sublessee is assigned parking as follows: all on Property Use. If consistent with City of interest is to compensate Landlord for its inability to Denver zoning requirements, Sublessee shall use the money improperly withheld by Tenantpremises for licensed medical/retail marijuana growing, while the payment of late charges is to compensate Landlord medical/retail processing (MIPS) and medical/retail center purposes only, and for its additional administrative expenses in handling and processing delinquent paymentsno other purpose without Sublessor's prior written consent. Notwithstanding the foregoingforgoing, no late charge Sublessee shall be payable not use the Premises for the purposes of storing, manufacturing or selling any explosives, flammables or other inherently dangerous substance, chemical, thing or device. Quiet Enjoyment Sublessor covenants and warrants that upon performance by Tenant on the first occasion in any twelve-month period Sublessee of a delay in receipt of any payment its obligations hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after Sublessor will keep and maintain Lessee in exclusive, quiet, peaceable and undisturbed and uninterrupted possession of the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at Premises during the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Lease, nor shall the foregoing provisions term of this Article sublease. Repairs Sublessee shall at its own expenses make all necessary repairs to the Premises. Such repairs shall include routine repairs of floors, walls, ceilings, and other parts of the Premises damaged or any such payments prevent Landlord worn through normal occupancy, except for major mechanical systems or the roof, subject to the obligations of the parties otherwise set forth in this Sublease. Termination Upon the expiration or earlier termination of this Agreement, Sublessee shall return the Premises to Sublessor in good repair, condition and working order, ordinary wear and tear resulting from exercising any right or remedy available to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate this Leaseproper use thereof alone excepted.

Late Charges. (a) All non-scheduled payments required Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and other sums due hereunder (i.e.will cause Landlord to incur costs not contemplated by this Lease, other than the Monthly exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges and late charges which may be imposed on Landlord by the provisions of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Base Rent, Additional Rent Adjustments, and Rent Adjustment Deposits, which or any other sum due from Tenant shall not be due as hereinbefore provided) to received by Landlord shall be paid or Landlord's designee within thirty ten (3010) days after Landlord’s demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received any installment of Rent due under this Lease on the date it amount is due, then Tenant shall pay to Landlord a late charge equal to five percent (5%) of such overdue amount or the delinquent installment sum of RentTwo Hundred Fifty Dollars ($250.00), whichever is greater. The parties hereby agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (b) the amount of such late charge represents a fair and reasonable estimate of such costs the cost Landlord will incur by reason of late payment by Tenant and expenses and that is in addition to interest due under Section 25.4. Acceptance of such late charge by Landlord shall be paid in no event constitute a waiver of Tenant's default with respect to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenantsuch overdue amount, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Lease, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy available of the other rights and remedies granted hereunder. As to Landlord upon Tenant’s failure the first two (2) failures by Tenant in any period of twelve (12) consecutive calendar months to make any payment within ten (10) days after written notice that such payment is due, Tenant shall not be obligated to pay Rent when a late charge with respect thereto if Landlord actually receives the entire payment from Tenant within fifteen (15) days after written notice that such payment became due; provided, however, that notwithstanding the foregoing, Tenant shall pay Landlord a late charge, as provided herein, with respect to (i) each subsequent failure by Tenant in such period of twelve (12) consecutive calendar months to make a payment within ten (10) days after such payment became due; and (ii) as to each of the first two (2) failures by Tenant in any period of twelve (12) consecutive calendar months to make any payment within ten (10) days after written notice that such payment became due, including the right if Tenant fails to terminate this Leasemake such payment within fifteen (15) days after written notice that such payment became due. Landlord shall not be required to give written notice of Tenant's fails to make such payment more than two (2) times in any period of twelve (12) consecutive calendar months before such late charge shall apply.

Late Charges. (a) All non-scheduled payments required hereunder (i.e., other than the Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which shall be due as hereinbefore provided) to Landlord shall be paid within thirty (30) days after LandlordXxxxxxxx’s demand thereforwritten invoice therefor together with reasonable back-up information substantiating the invoiced payments. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received Tenant is more than five (5) days late in paying any installment of Rent due under this Lease on the date it is dueLease, Tenant shall pay Landlord a late charge equal to five percent (5%) of the delinquent installment of Rent; provided, however, that with respect to the first failure to pay any installment of rent or other sum hereunder in each calendar year during the Term, such late charge shall not be payable if the late payment is received within five (5) days after written notice from Landlord. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (bii) the amount of such late charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by TenantXxxxxx, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Lease, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy available to Landlord upon TenantXxxxxx’s failure to pay Rent when due, including the right to terminate this Lease.

Late Charges. (a) All non-scheduled payments required hereunder (i.e., other than the Monthly Base Any and all sums or charges set forth in this Section 8 are considered part of Additional Rent, Rent Adjustments, and Rent Adjustment Deposits. Tenant acknowledges that late payment, which shall be due as hereinbefore providedthe tenth (10th) business day of each month or any time thereafter by Tenant to Landlord shall be paid within thirty of Base Rent or Additional Rent for Real Estate Tax Expenses and/or Utility Expenses and the tenth (3010th) days business day after Landlord’s written demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that by Landlord has not received any installment of Rent due under this Lease on the date it is for all other sums due, Tenant shall pay Landlord a late charge equal to five percent (5%) of the delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated hereinby this Lease, the exact amount of which will be such costs being extremely difficult and impracticable to calculatefix. Therefore, including the cost and expense that will be incurred if any installment of Rent or any other sum due from Tenant is not received by Landlord in processing each when due as aforesaid, then Tenant shall promptly pay to Landlord all of the following, as applicable: (a) interest on such delinquent payment of rent amount at the rate equal to the prime lending rate announced by Tenantthe Wall Street Journal from time to time plus three percent (3%) for the time period such payments are delinquent as a late charge for every month or portion thereof that such sums remain unpaid, and (b) the amount of fifty dollars ($50) relating to checks for which there are not sufficient funds. If Tenant delivers to Landlord a check for which there are not sufficient funds, Landlord may, at its sole option, require Tenant to replace such late charge represents check with a reasonable estimate cashier’s check for the amount of such costs check and expenses and that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due other charges payable hereunder. The parties further agree that this late charge and the payment other charges referenced above represent a fair and reasonable estimate of the costs that Landlord will incur by reason of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment . Acceptance of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no any late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late or other charges shall not excuse or cure any default constitute a waiver by Tenant under this LeaseLandlord of Tenant’s Default with respect to the delinquent amount, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy of the other rights and remedies available to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate for any other breach of Tenant under this Lease.

Late Charges. (a) All non-scheduled payments required hereunder (i.e., other than the Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which shall be due as hereinbefore provided) Subtenant hereby acknowledges that late payment by Subtenant to Landlord shall be paid within thirty (30) days after Landlord’s demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustments, of rent and Rent Adjustment Deposits) not paid when other sums due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received any installment of Rent due under this Lease on the date it is due, Tenant shall pay Landlord a late charge equal to five percent (5%) of the delinquent installment of Rent. The parties agree that (i) such delinquency hereunder will cause Landlord Sublandlord to incur costs and expenses not contemplated hereinby this Sublease, the exact amount of which will be extremely difficult to calculateascertain. Such costs include, including but are not limited to, processing and accounting charges, and late charges which may be imposed upon Sublandlord by the cost and expense that will be incurred by Landlord in processing each delinquent payment terms of its lease with Landlord. Accordingly, if any installment of rent or other sum due from Subtenant shall not be received by TenantSublandlord or Sublandord’s designee within five (5) days after such amount shall be due, then, without any requirement for notice to Subtenant, Subtenant shall pay to Sublandlord a late charge equal to ten percent (b10%) the amount of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Sublandlord will incur by reason of late payment by Subtenant. Notwithstanding of the foregoing, Sublandlord will not assess a late charge until Sublandlord has given written notice of such costs late payment for the first late payment in any twelve (12) month period and expenses and that after Subtenant has not cured such late payment within three (3) days from receipt of such notice. No other notices will be required during the following twelve (12) months for a late charge to be incurred. Acceptance of such late charge be Sublandlord shall be paid in no event constitute a waiver of Tenant’s Default or Breach with respect to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Leaseoverdue amount, nor shall the foregoing provisions of this Article or any such payments prevent Landlord Sublandlord from exercising any right of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or remedy available not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of the Original Lease to Landlord upon Tenantthe contrary, Base Rent shall, at Sublandlord’s failure to pay Rent when dueoption, including the right to terminate this Leasebecome due and payable quarterly in advance.

Late Charges. Any and all sums or charges set forth in this Section 8 are ------------ considered part of Additional Rent. Tenant acknowledges that late payment (athe fifth (5) All non-scheduled payments required hereunder (i.e., other than the Monthly day of each month or any time thereafter) by Tenant to Landlord of Base Rent, Rent AdjustmentsTenant's Share of Operating Expenses, Tax Expenses, Common Area Utility Costs, and Rent Adjustment DepositsUtility Expenses, which shall be Administrative Expenses or other sums due as hereinbefore provided) hereunder, will cause Landlord to Landlord shall be paid within thirty (30) days after Landlord’s demand thereforincur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impracticable to fix. All such amounts (including Monthly Base RentSuch costs include, Rent Adjustmentswithout limitation, processing and accounting charges, and Rent Adjustment Deposits) not paid when late charges that may be imposed on Landlord by the terms of any note secured by any encumbrance against the Premises, and late charges and penalties due shall bear interest from to the date due until the date paid at the Default Rate in effect late payment of real property taxes on the date such payment was due. (b) In the event that Landlord has not received Premises. Therefore, if any installment of Rent or any other sum due under this Lease on the date it from Tenant is not received by Landlord when due, for a period of more than five (5) days, Tenant shall promptly pay to Landlord a late charge all of the following, as applicable: (a) an additional sum equal to five percent (5%) of such delinquent amount plus interest on such delinquent amount at the rate equal to the prime rate plus three percent (3%) for the time period such payments are delinquent installment of Rent. The parties agree as a late charge for every month or portion thereof that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenantsums remain unpaid, (b) the amount of seventy-five dollars ($75) for each three-day notice prepared for, or served on, Tenant, (c) the amount of fifty dollars ($50) relating to checks for which there are not sufficient funds. If Tenant delivers to Landlord a check for which there are not sufficient funds, Landlord may, at its sole option, require Tenant to replace such late charge represents check with a reasonable estimate cashier's check for the amount of such costs check and expenses and that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due other charges payable hereunder. The parties further agree that this late charge and the payment other charges referenced above represent a fair and reasonable estimate of the costs that Landlord will incur by reason of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment . Acceptance of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no any late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late or other charges shall not excuse or cure any constitute a waiver by Landlord of Tenant's default by Tenant under this Leasewith respect to the delinquent amount, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy of the other rights and remedies available to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate for any other breach of Tenant under this Lease. If a late charge or other charge becomes payable for any three (3) installments of Rent within any twelve (12) month period, then Landlord, at Landlord's sole option, can either require the Rent be paid quarterly in advance, or be paid monthly in advance by cashier's check or by electronic funds transfer.

Late Charges. (a) All non-scheduled payments required hereunder (i.e., other than the Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which shall be due as hereinbefore provided) Tenant’s failure to Landlord shall be paid within thirty (30) days after Landlord’s demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received any installment of Rent promptly pay sums due under this Lease may cause Landlord to incur unanticipated costs. The exact amount of those costs is impractical or extremely difficult to ascertain. The costs may include, but are not limited to, processing and accounting charges and late charges which may be imposed on Landlord by any ground lease or deed of trust encumbering the Demised Premises. Payments due to Landlord under this Lease are not an extension of credit. Therefore, if any payment under the Lease is not actually received on or before the due date it (and not merely deposited in the mail), Landlord may, at Landlord’s option and to the extent allowed by applicable law, impose a Late Charge of $50.00 plus on any late payments in an amount equal to 0.5% of the amount of the past due payment (the “Late Charge”) per day for each day after the due date, until the past due amount in Good Funds is duereceived by Landlord, up to a maximum of seventeen percent (17%) of the past due amount. A Late Charge may be imposed only once on each past due payment. Any Late Charge will be in addition to Landlord’s other remedies for nonpayment of rent. If any check tendered to Landlord by Tenant under this Lease is dishonored for any reason, Tenant shall pay Landlord to the party receiving payments under this Lease a late charge equal to five percent fee of one hundred dollars (5%$100.00), plus (at Landlord’s option) of the delinquent installment of Renta Late Charge as provided above until good funds are received by Landlord. The parties agree that (i) such delinquency will cause Landlord to incur costs any Late Charge and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost dishonored check fee represent a fair and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (b) the amount of such late charge represents a reasonable estimate of such the costs and expenses and that such Landlord will incur by reason of the late charge payment or dishonored check. Payments received from Tenant shall be paid applied first to Landlord for each delinquent payment in addition any Late Charges, second to all Rent otherwise Base Rent, and last to other unpaid charges or reimbursements due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent paymentsLandlord. Notwithstanding the foregoing, no late charge shall be payable by Tenant on Landlord will not impose a Late Charge as to the first occasion late payment in any twelve-month period of a delay in receipt of any payment hereundercalendar year, provided that unless Tenant delivers such fails to pay the late payment to Landlord within two three (23) business days after the date that it is otherwise duedelivery of a written notice from Landlord to Tenant demanding the late payment be paid. Under no circumstances shall interest be payable However, Landlord may impose a Late Charge without advance notice to Tenant on any subsequent late chargepayment in the same calendar year. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Lease, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy available to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate this Lease.

Late Charges. (a) All non-scheduled payments required hereunder (i.e., other than the Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which shall be due as hereinbefore provided) to Landlord shall be paid within thirty (30) days after Landlord’s demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received If any installment of Rent or any other sum due under this Lease on the date it from Tenant shall not be received by Landlord or Landlord’s designee (i) within five (5) days after said amount is due, or (ii) upon the date said amount is due if any installment of Rent or other sum due from Tenant has not been received by Landlord or Landlord’s designee within five (5) days after the date due on two (2) or more occasions during any given Lease Year, then Tenant shall pay to Landlord a late charge equal to five percent (5%) of the delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact overdue amount of which will be difficult to calculate, including the cost and expense that will be plus any attorneys’ fees incurred by Landlord in processing each delinquent payment by reason of rent by Tenant, (b) the amount of such late charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Lease, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy available to Landlord upon Tenant’s failure to pay Rent and/or other charges when due, including due hereunder. The late charge shall be deemed Additional Rent and the right to terminate this Leaserequire it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid (i) within five (5) days after the date they are due, or (ii) upon the date they are due if any Rent or other amounts owing hereunder have not been received by Landlord or Landlord’s designee within five (5) days after the date due on two (2) or more occasions during any given Lease Year, shall bear interest from the date when due until paid at a rate per annum equal to the lesser of (i) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release Publication G.13(415), published on the first Tuesday of each calendar month (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (ii) the highest rate permitted by applicable law; provided that interest shall not be charged upon any late charge applied by Landlord.

Late Charges. (a) All non-scheduled payments required hereunder (i.e.Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent will cause Landlord to incur costs not contemplated by this Lease, other than the Monthly Base Rentexact amount of which will be extremely difficult to ascertain. Such costs include, Rent Adjustmentsbut are not limited to, processing and accounting charges, and Rent Adjustment Deposits, late charges which shall may be due as hereinbefore provided) to imposed on Landlord shall be paid within thirty (30) days after Landlord’s demand thereforby the terms of any mortgage or deed of trust covering the Premises. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received any installment of Rent due under this Lease on the date it is dueAccordingly, Tenant shall pay Landlord to Landlord, as Additional Rent (as defined in Paragraph 4.3 below), without the necessity of further notice or demand, a late charge equal to five percent (5%) of the delinquent any installment of RentRent which is not received by Landlord within five (5) days after the due date for such installment. Notwithstanding the above, once but only once in any twelve (12) month period during the Lease Term, Tenant shall be entitled to written notice of non-receipt of Rental from Landlord, and Tenant shall not be liable for any late charge, interest or other late charge hereunder if such Rental is received by Landlord within five (5) days after Tenant’s receipt of such notice from Landlord. The parties hereby agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (b) the amount of such late charge represents a fair and reasonable estimate of such the costs and expenses and that such Landlord will incur by reason of late payment by Tenant. In no event shall this provision for a late charge shall be paid deemed to Landlord for each delinquent payment in addition grant to all Tenant a grace period or extension of time within which to pay any installment of Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Lease, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy available to Landlord upon Tenant’s failure to pay such installment of Rent when due, including without limitation the right to terminate this Lease. In the event any installment of Rent is not received by Landlord by the due date for such installment, such installment shall bear interest at the annual rate set forth in Paragraph 34 below, commencing on the due date for such installment and continuing until such installment is paid in full.

Late Charges. (a) All non-scheduled payments required hereunder (i.e.If Tenant fails to pay, other than when the Monthly Base same is due and payable, any Rent, Additional Rent Adjustmentsor Other Charges, and Rent Adjustment Deposits, which shall be due as hereinbefore provided) to Landlord shall be paid within thirty (30) days after Landlord’s demand therefor. All such unpaid amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest at the rate of two percent (2%) per month from the date due until to the date paid of payment, unless such amount would violate any applicable usury law, in which event such unpaid amounts shall bear• interest at the Default Rate in effect on highest rate then allowed by law. In addition to such interest, Tenant acknowledges that the date such late payment was due. (b) In the event that Landlord has not received by Tenant of any installment of Rent, Additional Rent due or Other Charges will cause Landlord to incur certain costs and expenses not contemplated under this Lease on Lease, the date it exact amount of such costs being extremely difficult or impractical to fix. Such costs and expenses will include, without limitation, administrative and collection costs, and processing and accounting expenses. Therefore, if any Rent, Additional Rent or Other Charge installment is not received by Landlord from' Tenant by the fifth (5th) day after such installment is due, Tenant shall immediately pay Landlord to Landlord, in addition to the installment due, a late charge equal to five twelve percent (512%) of the delinquent installment of Rentsuch installment. The parties Landlord and Tenant agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (b) the amount of such this late charge represents a reasonable estimate of such costs and expenses and that is fair compensation to Landlord for its loss and expense suffered by such nonpayment by Tenant. Acceptance of this late charge shall be paid not constitute a waiver of Tenant's default with respect to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable such nonpayment by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Lease, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy all other rights and remedies available to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate under this Lease. Landlord shall apply payments made by Tenant first to accrued charges, interest and rent in the following order: (a) Late Charges; (b) interest; (c) Rent; Other Charges and Additional Rent; and (d) any balance remaining to current Rent, Other Charges, and Additional Rent. Notwithstanding anything in this Section 7 to the contrary, provided Tenant pays all sums due hereunder by electronic funds transfer, Landlord shall waive the first (1st) late charge that may be incurred by Tenant during any twelve (12) month period during the Lease Term, provided the unpaid amount is in fact paid in full by Tenant on or before the fifteenth (15th) day of the month in which any such payment is due.

Late Charges. (a) All non-scheduled payments required hereunder (i.e., other than the Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which shall be due as hereinbefore provided) Tenant's failure to Landlord shall be paid within thirty (30) days after Landlord’s demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received any installment of Rent promptly pay sums due under this Lease may cause Landlord to incur unanticipated costs. The exact amount of those costs is impractical or extremely difficult to ascertain. The costs may include, but are not limited to, processing and accounting charges and late charges which may be imposed on Landlord by any ground lease or deed of trust encumbering the Demised Premises. Payments due to Landlord under this Lease are not an extension of credit. Therefore, if any payment under the Lease is not actually received on or before the due date it (and not merely deposited in the mail), Landlord may, at Landlord's option and to the extent allowed by applicable law, impose a Late Charge on any late payments (the "Late Charge") per day for each day after the due date, until the past due amount in Good Funds is duereceived by Landlord. A Late Charge may be imposed only once on each past due payment. Any Late Charge will be in addition to Landlord's other remedies for nonpayment of rent. If any check tendered to Landlord by Tenant under this Lease is dishonored for any reason, Tenant shall pay Landlord to the party receiving payments under this Lease a late charge equal to fee of twenty-five percent dollars (5%$25.00), plus (at Landlord's option) of the delinquent installment of Renta Late Charge as provided above until good funds are received by Landlord. The parties agree that (i) such delinquency will cause Landlord to incur costs any Late Charge and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost dishonored check fee represent a fair and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (b) the amount of such late charge represents a reasonable estimate of such the costs and expenses and that such Landlord will incur by reason of the late charge payment or dishonored check. Payments received from Tenant shall be paid applied first to any Late Charges, second to Base Rent, and last to other unpaid charges or reimbursements due to Landlord. However, Landlord for each delinquent may impose a Late Charge without advance notice to Tenant on any subsequent late payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late chargesame calendar year. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Lease, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy available to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate this Lease.

Late Charges. (a) All non-scheduled payments required TENANT hereby acknowledges that late payment by TENANT to LANDLORD of rent and other sums due hereunder (i.e., other than the Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which shall be due as hereinbefore provided) to Landlord shall be paid within thirty (30) days after Landlord’s demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received any installment of Rent due under this Lease on the date it is due, Tenant shall pay Landlord a late charge equal to five percent (5%) of the delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord LANDLORD to incur costs and expenses not contemplated hereinby this Lease, the exact amount of which will be impractical or extremely difficult to calculateascertain. Such costs include, including but are not limited to, processing and accounting charges and late charges which may be imposed on LANDLORD by the cost and expense that will be incurred by Landlord in processing each delinquent payment terms of the trust deed encumbering the Premises. Accordingly, if any installment of rent or any other sum due from TENANT shall not be received by TenantLANDLORD within five (5) days after such amount shall be due, (b) the amount TENANT shall pay to LANDLORD a late charge equal to 10% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of such the costs LANDLORD will incur by reason of late payment. TENANT acknowledges that the aforesaid amount of 10% is not a penalty, but is an amount that is acknowledged by the parties as the amount representing the liquidated damages that LANDLORD will suffer as a result of the late payment, taking into consideration all facts and expenses circumstances known to the parties at this time and that such represents a fair and reasonable estimate of the costs the LANDLORD will incur by reason of the late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due hereunderpayment. The parties further agree that the payment proof of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent paymentsactual damage would be costly or inconvenient. Notwithstanding the foregoing, no The late charge shall be payable considered Additional Rent as defined in Paragraph 4 of this Lease, and shall be in addition to all of LANDLORD’s other rights and remedies hereunder or at law. In addition to the late charge described herein, any Monthly Basic Rent, or other amounts owed by Tenant TENANT to LANDLORD which are not paid on or before the first occasion date they are due, shall thereafter bear interest until paid in any twelve-month period of full at a delay in receipt of any payment hereunderrate equal to twelve percent (12%) per annum, provided that Tenant delivers in no event shall such payment rate exceed the highest rate permitted by applicable law. The Late Charge and interest payable hereunder shall be considered Rent. If TENANT’s check is returned by the bank, in addition to Landlord within two (2) business days after the date that it is otherwise duelate charge of 10% as specified above, TENANT shall also pay to LANDLORD the charge made by the bank for the returned check and LANDLORD’s return check charge of $15.00 per check returned. Under no circumstances Notwithstanding anything to the contrary in this Xxxxxxxxx 0, XXXXXXXX shall not impose interest be payable on any or late charge. (c) Payment of interest at the Default Rate and/or charges unless 3 days’ prior written notice has been given to TENANT of late charges rent; provided further, that such notice shall not excuse or cure any default by Tenant under this Lease, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy available to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate this Leaseonly be required once in every 12 month period.

Late Charges. Any and all sums or charges set forth in this Section 8 are considered part of Additional Rent. Tenant acknowledges that late payment (athe second day of each month or any time thereafter) All non-scheduled payments required hereunder (i.e.by Tenant to Landlord of Rent and all other sums due hereunder, other than the Monthly Base Rentwill cause Landlord to incur costs not contemplated by this Lease. Such costs may include, Rent Adjustmentswithout limitation, processing and accounting charges, and Rent Adjustment Deposits, which shall late charges that may be due as hereinbefore provided) to imposed on Landlord shall be paid within thirty (30) days after Landlord’s demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustmentsby the terms of any note secured by any encumbrance against the Premises, and Rent Adjustment Deposits) not paid when late charges and penalties due shall bear interest from to the date due until the date paid at the Default Rate in effect late payment of real property taxes on the date such payment was due. (b) In the event that Landlord has not received Premises. Therefore, if any installment of Rent or any other sum payable by Tenant is not received by Landlord within five (5) business days of the due under this Lease on the date it is duedate, Tenant shall promptly pay to Landlord a late charge charge, as liquidated damages, in an amount equal to five percent (5%) of such delinquent amount for the first instance during any calendar year, seven percent (7%) for the second (2nd) instance during any calendar year and ten percent (10%) for the third (3rd) instance in any calendar year in which Landlord does not receive Rent within such five-business-day period plus interest on such delinquent installment amount at the rate equal to the prime rate plus three percent (3%) for every month or portion thereof after the first thirty (30) days that such sums remain unpaid. Notwithstanding the foregoing, Landlord waives the late charge for the first (1st) instance during the Term of this Lease in which Tenant fails to timely pay Rent. If Tenant delivers to Landlord a check for which there are not sufficient funds, Landlord may require Tenant to replace such check with a cashier's check for the amount of such check and all other charges payable hereunder. The parties agree that (i) this late charge and the other charges referenced above represent a fair and reasonable estimate of the costs that Landlord will incur by reason of such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent late payment of rent by Tenant, (b) the amount excluding attorneys' fees and costs. Acceptance of such any late charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late or other charges shall not excuse or cure any constitute a waiver by Landlord of Tenant's default by Tenant under this Leasewith respect to the delinquent amount, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy of the other rights and remedies available to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate for any other breach of Tenant under this Lease. If a late charge becomes payable for three (3) installments of Rent, then Landlord, at Landlord's sole option, can either require the Rent be paid quarterly in advance or be paid monthly in advance by cashier's check or by electronic funds transfer.

Late Charges. The Tenant acknowledges that late payment of Rent will cause the Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impracticable to fix. Such costs include, without limitation, processing and accounting charges and late charges that may be imposed on the Landlord by the terms of any encumbrance and note secured by any encumbrance covering the Premises. Therefore, if any Rent due from the Tenant is not received by the Landlord within five (5) days after the same becomes due, the Tenant shall pay to the Landlord on demand the Landlord's out of pocket expenses incurred in obtaining or attempting to obtain payment of the amount in arrears and in addition the Tenant agrees to pay to the Landlord as a late charge with respect to each amount of Rent in arrears after expiry of the five (5) day grace period either: (a) All non-scheduled payments required hereunder (i.e., other than the Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which shall be due as hereinbefore provided) to Landlord shall be paid within thirty (30) days after Landlord’s demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received any installment of Rent due under this Lease on the date it is due, Tenant shall pay Landlord a late charge equal to five percent (5%) of the delinquent installment amount in arrears at the end of Rentthe five (5) day grace period; or (b) Twenty-Five Dollars ($25) whichever is the greater, and such amount shall become payable immediately on expiry of the five (5) day grace period with respect to the amount becoming in arrears and shall thereafter be calculated and become payable on the sixth (6th) day of each and every month with respect to the aggregate amount in arrears so long as any Rent remains in arrears. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (b) the amount of such this late charge represents a fair and reasonable estimate of such the costs and expenses and that the Landlord will incur by reason of such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due hereunderby the Tenant. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt Acceptance of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse constitute a waiver of the Tenant's default with respect to the overdue amount, or cure any default by Tenant under this Lease, nor shall prevent the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy of the other rights and remedies available to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate this LeaseLandlord.

Late Charges. (a) All non-scheduled payments required Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent or other sums due hereunder (i.e.will cause Landlord to incur costs not contemplated by this Lease, other than the Monthly Base Rentexact amount of which is extremely difficult to ascertain. Such costs include, Rent Adjustmentsbut are not limited to, processing and accounting charges, and Rent Adjustment Depositslate charges which may be imposed upon Landlord by the terms of any mortgage, which shall be due as hereinbefore provided) to Landlord shall be paid within thirty (30) days after Landlord’s demand therefordeed of trust, or ground or underlying lease covering the Premises. All such amounts (including Monthly Base RentAccordingly, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received if any installment of Rent or any other sum due under this Lease on the date it is duefrom Tenant shall not be received by Landlord or Landlord’s designee within five (5) business days after notice of Tenant’s failure to pay such amount, then Tenant shall pay to Landlord a late charge equal to five two percent (52%) of the delinquent installment of Rentamount; provided, however, that the first (1st) late charge in any consecutive twelve (12) month period shall not exceed $10,000.00, and no late charge may be assessed unless a notice of, and invoice for, such assessment is sent to Tenant within sixty (60) days after such failure to pay occurs. The parties hereby agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (b) the amount of such late charge represents a fair and reasonable estimate of such the costs and expenses and that Landlord will incur by reason of the late payment of Rent by Tenant. Acceptance of such late charge by Landlord shall be paid in no event constitute a waiver of Tenant’s default with respect to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Leaseoverdue amount, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any of the other rights and remedies granted hereunder. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or remedy available at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition to Landlord upon Tenant’s the late charge described above, any Rent or other amounts owing hereunder which are not paid within ten (10) days after notice of such failure to pay Rent when due, including such amounts shall thereafter bear interest until paid at the right to terminate this LeaseInterest Rate.

Late Charges. If any Monthly Debt Service Payment due hereunder is not received by Lender within ten (a10) All non-scheduled payments required hereunder days after the applicable Payment Date, or any amount payable under this Loan Agreement (i.e., other than the Monthly Base Rentpayment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days after the date such amount is due, Rent Adjustmentsinclusive of the date on which such amount is due, Borrower shall pay to Lender, immediately without demand by Lender, the Late Charge. The Late Charge is payable in addition to, and Rent Adjustment Depositsnot in lieu of, which shall any interest payable at the Default Rate pursuant to Section 2.2(g). Borrower acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; Lender is entitled to be due as hereinbefore provided) to Landlord compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any such late payment. Default Rate. Default interest shall be paid within as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days after Landlord’s demand therefor. All or more, interest on such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Depositsunpaid amount(s) not paid when due shall bear interest accrue from the date payment is due until the date paid at the Default Rate and shall be payable upon demand by Lender. If any Indebtedness due is not paid in effect full on the date Maturity Date, then interest shall accrue at the Default Rate on all such payment was due. (b) In unpaid amounts from the event that Landlord has not received any installment of Rent due under this Lease on the date it is due, Tenant shall pay Landlord a late charge equal to five percent (5%) of the delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs Maturity Date until fully paid and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (b) the amount of such late charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due hereunderpayable upon demand by Lender. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld Absent a demand by TenantLender, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge any such amounts shall be payable by Tenant on Borrower in the first occasion in any twelve-month period same manner as provided for the payment of a delay in receipt of any payment hereunderMonthly Debt Service Payments. To the extent permitted by applicable law, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances interest shall interest be payable on any late charge. (c) Payment of interest also accrue at the Default Rate and/or of late charges shall not excuse on any judgment obtained by Lender against Borrower or cure any default by Tenant under this Lease, nor shall IDOT Guarantor in connection with the foregoing provisions of this Article Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such payments prevent Landlord from exercising any right or remedy available to Landlord upon Tenanttime as the Mortgaged Property has been redeemed. Each Obligor acknowledges and agrees that: Borrower’s failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay Rent when all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; Lender is entitled to be compensated for such additional risks, including costs, and expenses; and the right increase from the Interest Rate to terminate this Leasethe Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of Borrower’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date).

Late Charges. Any and all sums or charges set forth in this Section 8 are considered part of Additional Rent. Tenant acknowledges that late payment (athe second day of each month or any time thereafter) All non-scheduled payments required hereunder (i.e.by Tenant to Landlord of Rent and all other sums due hereunder, other than the Monthly Base Rentwill cause Landlord to incur costs not contemplated by this Lease. Such costs may include, Rent Adjustmentswithout limitation, processing and accounting charges, and Rent Adjustment Deposits, which shall late charges that may be due as hereinbefore provided) to imposed on Landlord shall be paid within thirty (30) days after Landlord’s demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustmentsby the terms of any note secured by any encumbrance against the Premises, and Rent Adjustment Deposits) not paid when late charges and penalties due shall bear interest from to the date due until the date paid at the Default Rate in effect late payment of real property taxes on the date such payment was due. (b) In the event that Landlord has not received Premises. Therefore, if any installment of Rent or any other sum payable by Tenant is not received by Landlord within five (5) business days of the due under this Lease on the date it is duedate, Tenant shall promptly pay to Landlord a late charge charge, as liquidated damages, in an amount equal to five percent (5%) of such delinquent amount for the first instance during any calendar year, seven percent (7%) for the second (2nd) instance during any calendar year and ten percent (10%) for the third (3rd) instance in any calendar year in which Landlord does not receive Rent within such five-business-day period plus interest on such delinquent installment amount at the rate equal to the prime rate plus three percent (3%) for every month or portion thereof after the first thirty (30) days that such sums remain unpaid. Notwithstanding the foregoing, Landlord waives the late charge for the first (1st) instance during the Term of this Lease in which Tenant fails to timely pay Rent. If Tenant delivers to Landlord a check for which there are not sufficient funds, Landlord may require Tenant to replace such check with a cashier's check for the amount of such check and all other charges payable hereunder. The parties agree that (i) this late charge and the other charges referenced above represent a fair and reasonable estimate of the costs that Landlord will incur by reason of such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent late payment of rent by Tenant, (b) the amount excluding attorneys' fees and costs. Acceptance of such any late charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late or other charges shall not excuse or cure any constitute a waiver by Landlord of Tenant's default by Tenant under this Leasewith respect to the delinquent amount, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy of the other rights and remedies available to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate for any other breach of Tenant under this Lease.. If a late charge becomes payable for three (3) installments of Rent, then Landlord, at Landlord's sole option, can either require the Rent be paid quarterly in advance or be paid monthly in

Late Charges. If any payment of any amount owing under any Retained Refinanced Refinancing Note Advance Portion is not made when and as due (any such amount being then an "Overdue Amount"), the amount payable shall be such Overdue Amount plus interest thereon (such interest being the "Late Charge") computed in accordance Part IID (Retained Refinanced Refinancing Note Advance Portions) with this paragraph 8. The Late Charge shall accrue from the scheduled date of payment for the Overdue Amount (taking into account paragraph 7 of this Part IID) to the actual date on which payment is made. The Late Charge shall be computed on the basis of (a) All non-actual days elapsed from (but not including) the scheduled payments required hereunder date of payment for such Overdue Amount (i.e., other than taking into account paragraph 7 of this Part IID) to (and including) the Monthly Base Rent, Rent Adjustmentsdate on which payment is made, and Rent Adjustment Deposits, which shall be due as hereinbefore provided) to Landlord shall be paid within thirty (30) days after Landlord’s demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In a year of 365 days (except in calendar years including February 29, when the event that Landlord has not received any installment basis shall be a 366-day year). The Late Charge shall accrue at a rate (the "Late Charge Rate") equal to one and one-half times the rate to be determined by the Secretary of Rent due under this Lease the Treasury taking into consideration the prevailing market yield on the date it is due, Tenant shall pay Landlord a late charge equal to five percent (5%) remaining maturity of the delinquent installment of Rentmost recently auctioned 13-week United States Treasury bills. The parties agree that (i) such delinquency will cause Landlord to incur costs initial Late Charge Rate shall be in effect until either the actual date of payment or the next succeeding Payment Date, whichever occurs first. If the Overdue Amount and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (b) the amount of such late charge represents a reasonable estimate accrued Late Charge are not paid on or before the next succeeding Payment Date, then an amount equal to the amount of such costs and expenses and that such late charge accrued Late Charge shall be paid added to Landlord for the Overdue Amount, and the amount then payable shall be the sum of the Overdue Amount and the amount of accrued Late Charge, plus a Late Charge on such sum accruing at a new Late Charge Rate to be then determined in accordance with the principles of the second preceding sentence. For so long as any Overdue Amount remains unpaid, the Late Charge Rate shall be redetermined in accordance with the principles of the third preceding sentence on each delinquent payment succeeding Payment Date and shall be applied to the Overdue Amount and all amounts of accrued Late Charge to the actual date of payment. Nothing in addition to all Rent otherwise due hereunder. The parties further agree this paragraph shall be construed as permitting or implying that the payment Borrower may, without the written consent of late charges FFB, modify, extend, alter or affect in any manner whatsoever (except as explicitly provided herein) the right of FFB to receive any and the payment all payments on account of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant Retained Refinanced Refinancing Note Advance Portions on the first occasion dates specified in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late chargethis Part IID. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Lease, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy available to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate this Lease.

Late Charges. (a) All non-scheduled payments required hereunder (i.e., other than the Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which shall be due as hereinbefore provided) to Landlord shall be paid within thirty (30) days after Landlord’s written demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received Tenant is more than five (5) days late in paying any installment of Rent due under this Lease on the date it is dueLease, Tenant shall pay Landlord a late charge equal to five percent (5%) of the delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (bii) the amount of such late charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default Default by Tenant under this Lease, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy available to Landlord under this Lease upon a Default due to Tenant’s failure to pay Rent when due, including the right to terminate this Lease.

Late Charges. Any and all sums or charges set forth in this Section 7 will be paid as Additional Rent. Tenant acknowledges that late payment (athe fifth (5th) All non-scheduled payments required hereunder (i.e., other than the Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which shall be due as hereinbefore providedday of each month or any time thereafter) by Tenant to Landlord shall be paid within thirty (30) days after Landlord’s demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received any installment of Rent and all other sums due under this Lease on the date it is duehereunder, Tenant shall pay Landlord a late charge equal to five percent (5%) of the delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated hereinby this Lease. Such costs may include, without limitation, processing and accounting charges, and late charges that may be imposed on Landlord by the exact amount terms of which will be difficult any note secured by any encumbrance against the Premises, and late charges and penalties due to calculatethe late payment of real property taxes on the Premises. Therefore, including the cost and expense that will be incurred if any installment of Rent or any other sum payable by Tenant is not received by Landlord in processing within five (5) days from the date due (provided, however, that with respect to Tenant’s first failure during each delinquent payment Lease year to pay any installment of rent Rent or any other sum payable by Tenant, Landlord shall provide written notice to Tenant of such failure and Tenant shall have five (b5) days following the date of such notice to pay such past due amount), Tenant shall promptly pay to Landlord a late charge, as liquidated damages, in an amount equal to ten percent (10%) of such delinquent amount plus interest on such delinquent amount at the maximum legal rate. In addition to the late charge described above, any Rent or other amounts owing hereunder that are not paid within ten (10) days the date that they are due (provided, however, that with respect to Tenant’s first failure during each Lease year to pay any installment of Rent or any amounts owing hereunder, Landlord shall provide written notice to Tenant of such failure and Tenant shall have five (5) days following the date of such notice to pay such past due amount) will bear interest from the date when due until paid at a rate that is the higher of (i) ten percent (10%) per annum or (ii) the amount highest rate permitted by applicable law. The parties agree that this late charge and the other charges referenced above represent a fair and reasonable estimate of the costs that Landlord will incur by reason of such late charge represents a reasonable estimate payment by Xxxxxx, excluding attorneys’ fees and costs. Acceptance of such costs and expenses and that such any late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late or other charges shall not excuse or cure any constitute a waiver by Landlord of Tenant’s default by Tenant under this Leasewith respect to the delinquent amount, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy of the other rights and remedies available to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate for any other breach of Tenant under this Lease. If a late charge becomes payable for three (3) installments of Rent, then Landlord, at Landlord’s sole option, can either require the Rent be paid quarterly in advance or be paid monthly in advance by cashier’s check or by electronic funds transfer.

Late Charges. (a) All non-scheduled payments required hereunder (i.e., other than the Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which shall be due as hereinbefore provided) to Landlord shall be paid within thirty ten (3010) business days after Landlord’s demand thereforwritten invoice therefor together with reasonable back-up information substantiating the invoiced payments. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received Tenant is more than five (5) days late in paying any installment of Rent due under this Lease on the date it is dueLease, Tenant shall pay Landlord a late charge equal to five percent (5%) of the delinquent installment of Rent, provided, however, that Landlord agrees to waive the first such late charge in each calendar year during the Term. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (bii) the amount of such late charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Lease, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy available to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate this Lease.

Late Charges. (a) All non-scheduled payments required hereunder (i.e., other than the Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which shall be due as hereinbefore provided) Tenant hereby acknowledges that late payment by Tenant to Landlord shall be paid within thirty (30) days after Landlord’s demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when of rent or other sums due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received any installment of Rent due under this Lease on the date it is due, Tenant shall pay Landlord a late charge equal to five percent (5%) of the delinquent installment of Rent. The parties agree that (i) such delinquency hereunder will cause Landlord to incur costs and expenses not contemplated hereinby this Lease, the exact amount of which will be difficult extremely difficult, if not impossible, to calculateascertain. Such costs include, including but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by the cost and expense that will terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of rent or any sum due from Tenant shall not be incurred received by Landlord in processing each delinquent payment of rent by Tenantor Landlord’s designee within five (5) days after said amount is past due, (b) the amount of such late charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid to Landlord for each delinquent payment then, in addition to all Rent otherwise other remedies provided herein, Tenant shall pay to Landlord a late charge equal to the greater of (i) ten percent (10%) of such overdue amount (but in no event greater than the maximum amount permitted by law), or (ii) a service charge equal to the sum of Fifty Dollars ($50.00) plus Ten Dollars ($10.00) per day for each day after the due date for which Tenant’s failure to pay continues, plus, in either event, all attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay rent and/or other charges when due hereunder. The parties further hereby agree that the payment of such late charges represent a fair and reasonable estimate of the cost that Landlord will incur by reason of the late payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment and that it does not constitute a forfeiture or penalty. Acceptance of such late charges is by Landlord shall in no event constitute a waiver of Tenant’s default with respect to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Leaseoverdue amount, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy available of the other rights and remedies granted hereunder. Landlord may, at its option, include all late charges accrued during any calendar year in the estimated charges to Landlord upon Tenant’s failure to pay Rent when duebe paid by Tenant for the ensuing year, including and may deduct all late charges from the right to terminate this Leasesecurity deposit, if any, being maintained in accordance with Paragraph 1.15 and Section 6, hereof.

Late Charges. If any installment payable hereunder shall not be received by Lender within ten (a10) All non-scheduled payments required hereunder (i.e., other than the Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which shall be due as hereinbefore provided) to Landlord shall be paid within thirty (30) calendar days after Landlord’s demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on of the date such payment was due. (b) In the event that Landlord has not received any installment of Rent due under this Lease on the date it is due, Tenant irrespective of whether such failure constitutes an Event of Default under Section 13.1, below, then Lender shall pay Landlord have the option, subject to the provisions of Section 17.7, below, to charge Borrower a late payment charge equal to ("Late Charge") of five percent (5%) of the delinquent amount of each installment of Rentoverdue. The parties agree hereby recognize that (i) such delinquency will cause Landlord to incur the Late Charge is a reasonable approximation of the additional administrative costs, collection costs and expenses other direct and indirect costs which may be sustained by Lender as a result of the failure of Borrower timely to pay amounts due hereunder. This Section 6.5 and the amount for which it provides, shall not contemplated hereinlimit Lender's right under this Agreement, the exact amount Note, the Deed of which will be difficult Trust or otherwise, to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent compel prompt performance thereunder. Borrower's failure to collect such Late Charge shall not constitute a waiver of Lender's right to require payment of rent by Tenant, (b) the amount of such late charge represents a reasonable estimate of such costs and expenses and that such late charge Late Charge for past or future defaults. The Late Charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that other rights and remedies available to Lender upon the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period occurrence of a delay in receipt of any payment hereunderdefault under the Loan Documents. BORROWER ACKNOWLEDGES AND AGREES THAT IT WOULD BE EXTREMELY DIFFICULT OR IMPRACTICABLE TO FIX THE ACTUAL DAMAGES RESULTING FROM BORROWER'S FAILURE TO PAY AMOUNTS WHEN DUE AND THEREFORE, provided that Tenant delivers such payment to Landlord within two SUBJECT TO THE PROVISIONS OF SECTION 17.7, HEREOF, SHALL PAY SUCH LATE CHARGE NOT AS A PENALTY, BUT FOR THE PURPOSE OF DEFRAYING THE EXPENSES INCIDENT TO SERVICING THE LOAN AND HANDLING AMOUNTS PAST DUE. FURTHER, BORROWER AGREES THAT A CHARGE OF FIVE PERCENT (25%) business days after the date that it is otherwise dueOF EACH DELINQUENT PAYMENT HEREUNDER IS A REASONABLE ESTIMATE OF THE DAMAGES TO LENDER. Under no circumstances shall interest be payable on any late chargeTHE LATE CHARGES SHALL BE PAYABLE BY BORROWER WITHOUT PREJUDICE TO THE RIGHTS OF LENDER TO COLLECT ANY OTHER AMOUNTS TO BE PAID UNDER THIS NOTE OR THE DEED OF TRUST (INCLUDING, WITHOUT LIMITATION, LENDER'S RIGHT TO COLLECT DEFAULT INTEREST). (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Lease, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy available to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate this Lease.

Late Charges. Any and all sums or charges set forth in this Section 8 are considered part of Additional Rent. Tenant acknowledges that late payment (athe tenth day of each month or anytime thereafter, with notice given to Tenant if payment is not received by the fifth of the month) All non-scheduled payments required hereunder (i.e., other than the Monthly by Tenant to Landlord of Base Rent, Rent AdjustmentsTenant's share of Operating Expenses, and Rent Adjustment DepositsTax Expenses, which shall be Common Area Utility Costs, Utility Expenses, Administrative Expenses, Management Fee or other sums due as hereinbefore provided) to Landlord shall be paid within thirty (30) days after Landlord’s demand therefor. All such amounts (including Monthly Base Renthereunder, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received any installment of Rent due under this Lease on the date it is due, Tenant shall pay Landlord a late charge equal to five percent (5%) of the delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated hereinby this Lease, the exact amount of which will such costs being extremely difficult and impracticable to fix. Such costs include, without limitation, processing and accounting charges, and late charges that may be difficult imposed on Landlord by the terms of any note secured by any encumbrance against the Premises, and late charges and penalties due to calculatethe late payment of real property taxes on the Premises. Therefore, including the cost and expense that will be incurred if any installment of Rent or any other sum due from Tenant is not received by Landlord in processing each when due, Tenant shall promptly pay to Landlord all of the following, as applicable: (a) an additional sum equal to ten percent (10%) of such delinquent payment of rent by Tenant, amount (b) the amount of seventy-five dollars ($75) for each three-day notice prepared for, or served on, Tenant, (c) the amount of fifty dollars ($50) relating to checks for which there are not sufficient funds. If Tenant delivers to Landlord a check for which there are not sufficient funds, Landlord may, at its sole option, require Tenant to replace such late charge represents check with a reasonable estimate cashier's check for the amount of such costs check and expenses and that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due other charges payable hereunder. The parties further agree that this late charge and the payment other charges referenced above represent a fair and reasonable estimate of the costs that Landlord will incur by reason of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt Acceptance of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late !ate charge or other charges shall not excuse or cure any constitute a waiver by Landlord of Tenant's default by Tenant under this Leasewith respect to the delinquent amount, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy of the other rights and remedies available to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate for any other breach of Tenant under this Lease. If a late charge or other charge becomes payable for any three (3) installments of Rent within any twelve (12) month period, then Landlord, at Landlord's sole option, can either require the Rent be paid quarterly in advance, or be paid monthly in advance by cashier's check or by electronic funds transfer.

Late Charges. Any and all sums of charges set forth in this Section 8 are considered part of Additional Rent. Tenant acknowledges that late payment (athe fifteenth day of each month or any time thereafter) All non-scheduled payments required hereunder (i.e., other than the Monthly by Tenant to Landlord of Base Rent, Rent AdjustmentsTenant's Share of Operating Expenses, Tax Expenses, Common Area Utility Costs, and Rent Adjustment DepositsUtility Expenses, which shall be Administrative Expenses, or the other sums due as hereinbefore provided) hereunder, will cause Landlord to Landlord shall be paid within thirty (30) days after Landlord’s demand thereforincur cost not contemplated by this Lease, the exact amount of such costs being extremely difficult and impracticable to fix. All such amounts (including Monthly Base RentSuch cost include, Rent Adjustmentswithout limitation, processing and accounting charges, and Rent Adjustment Deposits) not paid when late charges that may be imposed on Landlord by the terms of any note secured by any encumbrance against the Premises, and late charges and penalties due shall bear interest from the date due until the date paid at the Default Rate in effect to late payment of real property taxes on the date such payment was due. (b) In the event that Landlord has not received Premises. Therefore, if any installment of Rent or any other sum due under this Lease on the date it from Tenant is not received by Landlord when due, Tenant shall promptly pay to Landlord a late charge all of the following, as applicable: (a) an additional sum equal to five percent (5%) of such delinquent amount plus interest on such delinquent amount at the rate equal to the prime rate plus three percent (3%) for the time period such payments are delinquent installment of Rent. The parties agree as a late charge for every month or portion thereof that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenantsums remain unpaid, (b) the amount of seventy five dollars ($75) for each three-day notice prepared for or served on, Tenant, (c) the amount of fifty dollars ($50) relating to checks for which there are not sufficient funds. If Tenants delivers to Landlord a check for which there are not sufficient funds, Landlord may, at its sole option, require Tenant to replace such late charge represents check with a reasonable estimate cashier' s check for the amount of such costs check and expenses and that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due other charges payable hereunder. The parties further agree that this late charge and the payment other charges referenced above represent a fair and reasonable estimate of the costs that Landlord will incur by reason of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment . Acceptance of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no any late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late or other charges shall not excuse or cure any constitute a waiver by Landlord of Tenant's default by Tenant under this Leasewith respect to the delinquent amount, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy of the other rights and remedies available to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate for any other breach of Tenant under this Lease. If a late charge or other charge becomes payable for any three (3) installments of Rent within any twelve (12) month period, then Landlord, at Landlord's sole option, can either require the Rent be paid quarterly in advance, or be paid monthly in advance by cashier's check or by electronic funds transfer.

Late Charges. (a) All non-scheduled payments required hereunder (i.e., other than the Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which shall be due as hereinbefore provided) Tenant hereby acknowledges that late payment by Tenant to Landlord shall be paid within thirty (30) days after Landlord’s demand therefor. All such amounts (including of Base Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when other sums due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received any installment of Rent due under this Lease on the date it is due, Tenant shall pay Landlord a late charge equal to five percent (5%) of the delinquent installment of Rent. The parties agree that (i) such delinquency hereunder will cause Landlord to incur costs and expenses not contemplated hereinby this Lease, the exact amount of which will be extremely difficult to calculateascertain. Such costs include, including but are not limited to, administrative, processing, accounting charges, and late charges, which may be imposed on Landlord by the cost and expense that will terms of any contract, revolving credit, mortgage or trust deed covering the Premises. Accordingly, if any installment of Base Monthly Rent or any other sum due from Tenant shall not be incurred received by Landlord or Landlord's designee when due, Tenant shall pay to Landlord a late charge equal to five (5%) percent of such overdue amount which shall be due and payable with the payment then delinquent. Landlord agrees to waive said late charge in processing each delinquent payment the event the Base Monthly Rent or other sum due is received within ten (10) days after receipt by Tenant of rent by Tenant, (b) the amount of Landlord's notice to quit or pay rent. The parties hereby agree that such late charge represents a fair and reasonable estimate of such the costs and expenses and that Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall be paid in no event constitute a waiver of Tenant's default with respect to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Leaseoverdue amount, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or remedy available not collected, for three (3) consecutive installments of Base Monthly Rent, then Landlord shall notify Tenant in writing that for the balance of the Lease Term, rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding any provision of this Lease to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate this Leasecontrary.

Late Charges. (a) All non-scheduled payments required hereunder (i.e., other than the Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which shall be due as hereinbefore provided) Tenant hereby acknowledges that late payment by Tenant to Landlord shall of Rent or Additional Rent due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be paid within thirty (30) days after Landlord’s demand thereforextremely difficult to ascertain. All such amounts (including Monthly Base RentSuch costs include, Rent Adjustmentsbut are not limited to, processing, administration and Rent Adjustment Deposits) not paid when due shall bear interest from accounting charges and late charges which may be imposed on Landlord by the date due until terms of any encumbrance covering the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received Premises. Accordingly, if any installment of Rent or any other sum due under this Lease on the date it from Tenant shall not be received by Landlord or Landlord’s designee within ten (10) business days after receipt of a Notice from Landlord that such amount was not paid when said amount is due, then Tenant shall pay to Landlord a late charge equal to the greater of (i) five percent (5%) of the delinquent installment of Rent. The parties agree that overdue amount, or (iii) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be Two Hundred Fifty Dollars ($250.00) plus any attorneys’ fees incurred by Landlord in processing each delinquent payment by reason of rent by Tenant, (b) the amount of such late charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Lease, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy available to Landlord upon Tenant’s failure to pay Rent and/or other charges when due, including due hereunder. The late charge shall be deemed Additional Rent and the right to terminate this Leaserequire it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid within ten (10) days after the date they are due shall bear interest from the date when due until paid at a rate per annum equal to the lesser of (i) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release Publication G.13(415), published on the first Tuesday of each calendar month (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus two (2) percentage points, and (ii) the highest rate permitted by applicable law.

Late Charges. (a) All non-scheduled payments required TENANT hereby acknowledges that late payment by TENANT to LANDLORD of rent and other sums due hereunder (i.e., other than the Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which shall be due as hereinbefore provided) to Landlord shall be paid within thirty (30) days after Landlord’s demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received any installment of Rent due under this Lease on the date it is due, Tenant shall pay Landlord a late charge equal to five percent (5%) of the delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord LANDLORD to incur costs and expenses not contemplated hereinby this Lease, the exact amount of which will be impractical or extremely difficult to calculateascertain. Such costs include, including but are not limited to, processing and accounting charges and late charges which may be imposed on LANDLORD by the cost and expense that will be incurred by Landlord in processing each delinquent payment terms of the trust deed encumbering the Premises. Accordingly, if any installment of rent or any other sum due from TENANT shall not be received by TenantLANDLORD within ten (10) days after such amount shall be due, (b) the amount TENANT shall pay to LANDLORD a late charge equal to 10% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of such the costs LANDLORD will incur by reason of late payment. TENANT acknowledges that the aforesaid amount of 10% is not a penalty, but is an amount that is acknowledged by the parties as the amount representing the liquidated damages that LANDLORD will suffer as a result of the late payment, taking into consideration all facts and expenses circumstances known to the parties at this time and that such represents a fair and reasonable estimate of the costs the LANDLORD will incur by reason of the late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due hereunderpayment. The parties further agree that the payment proof of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent paymentsactual damage would be costly or inconvenient. Notwithstanding the foregoing, no The late charge shall be payable considered Additional Rent as defined in Paragraph 4 of this Lease, and shall be in addition to all of LANDLORD's other rights and remedies hereunder or at law. In addition to the late charge described herein, any Monthly Basic Rent, or other amounts owed by Tenant TENANT to LANDLORD which are not paid on or before the first occasion date they are due, shall thereafter bear interest until paid in any twelve-month period of full at a delay in receipt of any payment hereunderrate equal to twelve percent (12%) per annum, provided that Tenant delivers in no event shall such payment rate exceed the highest rate permitted by applicable law. The Late Charge and interest payable hereunder shall be considered Rent. If TENANT's check is returned by the bank, in addition to Landlord within two (2) business days after the date that it is otherwise duelate charge of 10% as specified above, TENANT shall also pay to LANDLORD the charge made by the bank for the returned check and LANDLORD's return check charge of $15.00 per check returned. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Lease, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy available to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate this Lease.LANDLORD: /S/ RE TENANT: /S/ MY ------ ------

Late Charges. (a) All non-scheduled payments required Tenant hereby acknowledges that late payment by Tenant to Landlord of Base Monthly Rent and other sums due hereunder (i.e.will cause Landlord to incur costs not contemplated by this Lease, other than the Monthly Base Rentexact amount of which is extremely difficult to ascertain. Such costs include but are not limited to: administrative, Rent Adjustmentsprocessing, accounting, and late charges which may be imposed on Landlord by the terms of any contract, revolving credit, mortgage, or trust deed covering the Premises. Accordingly, if any installment of Base Monthly Rent Adjustment Deposits, which or other sum due from Tenant shall not be due as hereinbefore provided) to received by Landlord shall be paid or its designee within thirty ten (3010) days after Landlord’s demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received any installment of Rent due under this Lease on the date it rent is due, Tenant shall pay to Landlord a late charge equal to five percent (5%) percent of such overdue amount, which late charge shall be due and payable on the delinquent installment of Rentsame date that the overdue amount was due. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (b) the amount of such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant excluding interest and attorneys fees and costs. If any rent or other sum due from Tenant remains delinquent for a period in excess of thirty (30) days then, in addition to such costs and expenses and late charge, Tenant shall pay to Landlord interest on any rent that is not paid when due at the Agreed Interest Rate specified in Section 21.J following the date such amount became due until paid. Acceptance by Landlord of such late charge shall be paid not constitute a waiver of Tenant’s default with respect to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Lease, overdue amount nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or remedy available not collected, for three (3) consecutive installments of Base Monthly Rent, then the Base Monthly Rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding any provision of this Lease to Landlord upon Tenant’s failure to pay Rent when duethe contrary. After four (4) quarterly installments have been paid on time, including the right to terminate this Leaserent shall again be payable monthly.

Late Charges. (a) All non-scheduled payments required hereunder (i.e., other than the Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which shall be due as hereinbefore provided) Tenant hereby acknowledges that late payment by Tenant to Landlord shall of Rent or Additional Rent due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be paid within thirty (30) days after Landlord’s demand thereforextremely difficult to ascertain. All such amounts (including Monthly Base RentSuch costs include, Rent Adjustmentsbut are not limited to, processing, administration and Rent Adjustment Deposits) not paid when due shall bear interest from accounting charges and late charges which may be imposed on Landlord by the date due until terms of any encumbrance covering the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received Premises. Accordingly, if any installment of Rent or any other sum due under this Lease on the date it from Tenant shall not be received by Landlord or Landlord’s designee within five (5) business days following Tenant’s receipt of notice that said amount is past due, then Tenant shall pay to Landlord a late charge equal to the greater of (i) five percent (5%) of the delinquent installment of Rent. The parties agree that overdue amount (iii) such delinquency will cause Landlord to incur costs two Hundred Fifty Dollars ($250.00), plus any actual and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be reasonable attorneys’ fees incurred by Landlord in processing each delinquent payment by reason of rent by Tenant, (b) the amount of such late charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Lease, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy available to Landlord upon Tenant’s failure to pay Rent and/or other charges when due, including due hereunder. The late charge shall be deemed Additional Rent and the right to terminate this Leaserequire it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid within ten (10) days following Tenant’s receipt of notice that said amount are past due shall bear interest from the date when due until paid at a rate per annum equal to the lesser of (i) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release Publication H.15(519), published on the first Tuesday of each calendar month (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (ii) the highest rate permitted by applicable law.

Late Charges. If any Monthly Debt Service Payment due hereunder is not received by Lender within ten (a10) All non-scheduled payments required hereunder days (i.e.or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the Monthly Base Rentpayment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is due, Rent Adjustmentsinclusive of the date on which such amount is due, Borrower shall pay to Lender, immediately without demand by Lender, the Late Charge. The Late Charge is payable in addition to, and Rent Adjustment Depositsnot in lieu of, which shall any interest payable at the Default Rate pursuant to Section 2.02(d). Borrower acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; Lender is entitled to be due as hereinbefore provided) to Landlord compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any such late payment. Default Rate. Default interest shall be paid within as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days after Landlord’s demand therefor. All or more, interest on such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Depositsunpaid amount(s) not paid when due shall bear interest accrue from the date payment is due until the date paid at the Default Rate and shall be payable upon demand by Lender. If any Indebtedness due is not paid in effect full on the date Maturity Date, then interest shall accrue at the Default Rate on all such payment was due. (b) In unpaid amounts from the event that Landlord has not received any installment of Rent due under this Lease on the date it is due, Tenant shall pay Landlord a late charge equal to five percent (5%) of the delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs Maturity Date until fully paid and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (b) the amount of such late charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due hereunderpayable upon demand by Lender. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld Absent a demand by TenantLender, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge any such amounts shall be payable by Tenant on Borrower in the first occasion in any twelve-month period same manner as provided for the payment of a delay in receipt of any payment hereunderMonthly Debt Service Payments. To the extent permitted by applicable law, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances interest shall interest be payable on any late charge. (c) Payment of interest also accrue at the Default Rate and/or of late charges shall not excuse or cure on any default judgment obtained by Tenant under this Lease, nor shall Lender against Borrower in connection with the foregoing provisions of this Article Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such payments prevent Landlord from exercising any right or remedy available to Landlord upon Tenant’s time as the Mortgaged Property has been redeemed. Borrower acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay Rent when all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; Lender is entitled to be compensated for such additional risks, including costs, and expenses; and the right increase from the Interest Rate to terminate this Leasethe Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of Borrower’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date).

Late Charges. If any installment of Rent or any other sum due from Tenant shall not be received by Landlord or Landlord's designee (ai) All non-scheduled payments required hereunder within five (i.e., other than the Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which shall be due as hereinbefore provided) to Landlord shall be paid within thirty (305) days after Landlord’s demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) written notice from Landlord that said amount was not paid when due, or (ii) upon the date said amount is due, if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, then Tenant shall pay to Landlord a late charge equal to six percent (6%) of the overdue amount plus any attorneys' fees incurred by Landlord by reason of Tenant's failure to pay Rent and/or other charges when due hereunder. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord's other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord's remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid (A) within five (5) days after written notice from Landlord that said amount was not paid when due, or (B) upon the date said amount is due, if Tenant has previously received one (I) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, shall bear interest from the date when due until the date paid at a rate per annum equal to the Default Rate lesser of (x) the annual "Bank Prime Loan" rate cited in effect on the date Federal Reserve Statistical Release publication H.l5(519), published weekly (or such payment was due. (b) In the event that other comparable index as Landlord has not received any installment of Rent due under this Lease on the date it is due, and Tenant shall pay Landlord a late charge equal reasonably agree upon if such rate ceases to five percent be published) plus four (5%4) of the delinquent installment of Rent. The parties agree that percentage points, and (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (by) the amount of such late charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld highest rate permitted by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late chargeapplicable law. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Lease, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy available to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate this Lease.

Late Charges. (a) All non-scheduled payments required Tenant hereby acknowledges that late payment by Tenant to Landlord of rent or other sums due hereunder (i.e.will cause Landlord to incur costs not contemplated by this Lease, other than the Monthly Base Rentexact amount of which is extremely difficult to ascertain. Such costs include, Rent Adjustmentsbut are not limited to, processing and accounting charges, and Rent Adjustment Depositslate charges which may be imposed upon Landlord by the terms of any mortgage or deed of trust covering the Premises. Accordingly, which shall be due as hereinbefore provided) to Landlord shall be paid within thirty (30) days after Landlord’s demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received if any installment of Rent rent or any other sum due under this Lease on the date it is from Tenant shall not be received by Landlord or Landlord's designee when due, then Tenant shall pay to Landlord a late charge equal to five One Hundred and 00/100 Dollars ($100.00) or two percent (52%) of the delinquent installment amount due, whichever is higher, and provided that such amount will not exceed the maximum rate permitted by law, plus any attorneys' fees incurred by Landlord by reason of RentTenant's failure to pay rent and/or other charges when due hereunder. The parties hereby agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (b) the amount of such late charge represents a fair and reasonable estimate of such the administrative costs and expenses and that Landlord will incur by reason of the late payment by Tenant. Acceptance of such late charge by Landlord shall be paid in no event constitute a waiver of Tenant's default with respect to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Leaseoverdue amount, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy available of the other rights and remedies granted hereunder. Tenant hereby agrees that, if Tenant is subject to Landlord a late charge for three (3) consecutive months, Minimum Annual Rent for the following twelve (12) months shall automatically be adjusted to be payable quarterly, in advance, commencing upon Tenant’s failure to pay Rent when due, including the right to terminate this Leasefirst day of the month following such consecutive late month and continuing for the next twelve (12) months on a quarterly basis in advance.

Late Charges. (a) All non-scheduled payments required hereunder (i.e., other than the Monthly Tenant hereby acknowledges that late payment by Tenant to Landlord of Base Rent, Rent AdjustmentsTxxxxx's Share of Operating Expense or Real Property Tax increases, after hours HVAC charges, or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and Rent Adjustment Depositsaccounting charges and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed encumbering the Project. Accordingly, which shall be due as hereinbefore provided) to Landlord shall be paid within thirty (30) days after Landlord’s demand therefor. All such amounts (including Monthly if any installment of Base Rent, Rent AdjustmentsTxxxxx's Share of Operating Expense or Real Property Tax increases, and Rent Adjustment Deposits) , after hours HVAC charges or any other sum due from Tenant shall not paid be received by Landlord when due such amount shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was be due. (b) In the event that Landlord has not received , then, without any installment of Rent due under this Lease on the date it is duerequirement for notice or demand to Tenant, Tenant shall immediately pay to Landlord a late charge equal to five percent (5%) of such overdue amount. The foregoing late charge shall not apply to the delinquent installment first late payment in each consecutive 12 month period of Rentthe Term so long as Tenant cures the default within 3 business days following the date of Landlord’s written notice, it being agreed that in no event shall Landlord be required to deliver Tenant written notice of any delinquency more than one time in each consecutive 12 month period of the Term. The parties hereby agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (b) the amount of such late charge represents a fair and reasonable estimate of such the costs and expenses and that Landlord will incur by reason of late payment by Txxxxx. Acceptance of such late charge by Landlord shall be paid in no event constitute a waiver of Tenant's default with respect to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Leaseoverdue amount, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy available to Landlord upon Tenant’s failure to pay Rent when due, of the other rights and remedies granted hereunder including the right to terminate this Leaseassessment of interest under Section 13.5.

Late Charges. (a) All non-scheduled payments required hereunder (i.e., other than the Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which shall be due as hereinbefore provided) to Landlord shall be paid within thirty ten (3010) days after Landlord’s demand therefortherefor if not otherwise set forth in this Lease. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received Tenant is more than five (5) days late in paying any installment of Rent due under this Lease on the date it is dueLease, Tenant shall pay Landlord a late charge equal to five percent (5%) of the delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (b) the amount of such late charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge.68 (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Lease, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy available to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate this Lease.

Late Charges. (a) All non-scheduled payments required hereunder (i.e., other than the Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which shall be due as hereinbefore provided) Tenant hereby acknowledges that late payment by Tenant to Landlord shall be paid within thirty (30) days after Landlord’s demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when of rent or other sums due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received any installment of Rent due under this Lease on the date it is due, Tenant shall pay Landlord a late charge equal to five percent (5%) of the delinquent installment of Rent. The parties agree that (i) such delinquency hereunder will cause Landlord to incur costs and expenses not contemplated hereinby this Lease, the exact amount of which will be extremely difficult to calculateascertain. Such costs include, including but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of rent or of sum due from Tenant shall not be received by Landlord or Landlord's designee within five (5) days after said amount is due, then Tenant shall pay to Landlord a late charge equal to three percent (3%) of such overdue amount for the first late payment during any twelve (12) month period and six percent (6%) of such overdue amount for any other late payment during such twelve (12) month period. In addition, any amount not paid when due shall bear interest at the rate of ten percent (10%) per year from the due date until paid. The parties hereby agree that such late charges and interest represent a fair and reasonable estimate of the cost and expense that Landlord will be incurred incur by Landlord in processing each delinquent reason of the late payment of rent by Tenant, (b) the amount . Acceptance of such late charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and interest by the payment Landlord shall in no event constitute a waiver of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is Tenant's default with respect to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Leaseoverdue amount, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right of the other rights and remedies granted hereunder regardless of any indication to the contrary on the check cashed. In the event that any check or remedy available other payment device for rent, or any other charge hereunder, is returned due to insufficient funds or any other reason, the foregoing late payment and interest charges shall apply and Landlord upon Tenant’s failure may require all further payments to pay Rent when duebe made by money order, including the right to terminate this Leasecashier's check or in cash.

Late Charges. (a) All non-scheduled payments required hereunder (i.e., other than the Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which shall INSUFFICIENT FUNDS FEES Late fees will be due as hereinbefore provided) to Landlord shall be paid within thirty (30) days after Landlord’s demand thereforassessed in conformity with all applicable law. All such amounts (including Monthly Base RentRent is payable, in advance, without notice, demand, abatement, offset or deduction, via any payment method designated by Landlord, or before the first day of each month. Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has is considered late if not received any installment after the first day of each month. Your obligation to pay Rent is an independent covenant. The late payment of Rent and other sums due under this Hidden Lake Mobile Home Park Rental Lease on the date it is due, Tenant shall pay Landlord a late charge equal to five percent (5%) of the delinquent installment of Rent. The parties agree that (i) such delinquency 2021 BMG from you will cause Landlord us to incur costs and expenses not contemplated hereinby this Lease, the exact amount of which will be extremely difficult to calculateascertain. These costs include, but are not limited to, processing and accounting charges and late charges which may be imposed on us by the terms of any mortgage or trust deed covering the Premises. Rent, including additional Rent, must be received and fully paid before the cost and expense that will be incurred by Landlord in processing each delinquent payment close of rent by Tenant, (b) the amount of such late charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant business on the first occasion day of the month. A late charge equal to $50.00 or five (5) percent of your past due rent, whichever is greater, including additional Rent, will be assessed on the eleventh day of the month if a balance remains unpaid. If late payments continue on subsequent months, late fees will be charged once per month for the maximum allowed by applicable law. Tenant must also pay owner a N.S.F. Charge of $35 for each check returned due to insufficient funds in Tenant’s account or for any twelve-month period of other reason the bank gives for returning a delay check. Nothing in receipt of any payment hereunder, provided that Tenant delivers such payment this paragraph obligates us to Landlord within two (2) business days accept Rent after the date that it is otherwise due. Under no circumstances shall interest first (1st) day of the month as allowable by law, nor do we waive any legal rights which may be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any available upon your default by Tenant inclusion of the late fee provision in this Lease. You agree to pay all legal expenses, including attorney fees, incurred by us in the eviction process and in the collection of Rent and other charges even if the matter settles before trial as allowable by law and pursuant to Section 9 of this lease. Your failure to receive a Rent notice/invoice from us does not postpone, delay or discharge your obligation to timely and fully pay all amounts due under this Lease. If you do not receive an invoice or xxxx, nor shall it is your responsibility to determine the foregoing provisions of this Article amounts due including, without limitation, by visiting or any such payments prevent Landlord from exercising any right or remedy available to Landlord upon Tenant’s failure to pay Rent when due, including calling the right to terminate this LeaseManagement Office.

Late Charges. Any and all sums or charges set forth in this Section 8 are considered part of Additional Rent. Tenant acknowledges that late payment (athe fifth day of each month or any time thereafter) All non-scheduled payments required hereunder (i.e., other than the Monthly by Tenant to Landlord of Base Rent, Rent AdjustmentsOperating Expenses, Tax Expenses and Rent Adjustment DepositsUtility Expenses or other sums due hereunder, which shall be due as hereinbefore provided) to Landlord shall be paid within thirty (30) days after Landlord’s demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received any installment of Rent due under this Lease on the date it is due, Tenant shall pay Landlord a late charge equal to five percent (5%) of the delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated hereinby this Lease, the exact amount of which will such costs being extremely difficult and impracticable to fix. Such costs include, without limitation, processing and accounting charges, and late charges that may be difficult imposed on Landlord by the terms of any note secured by any encumbrance against the Premises, and late charges and penalties due to calculatethe late payment of real property taxes on the Premises. Therefore, including the cost and expense that will be incurred if any installment of Rent or any other sum due from Tenant is not received by Landlord in processing each within four (4) days of when due, Tenant shall promptly pay to Landlord all of the following, as applicable: (a) an additional sum equal to ten percent (10%) of such delinquent payment of rent by Tenantamount, (b) the amount of seventy-five dollars ($75) for each three-day notice prepared for, or served on, Tenant, (c) the amount of fifty dollars ($50) relating to checks for which there are not sufficient funds. If Tenant delivers to Landlord a check for which there are not sufficient funds, Landlord may, at its sole option, require Tenant to replace such late charge represents check with a reasonable estimate cashier's check for the amount of such costs check and expenses and that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due other charges payable hereunder. The parties further agree that this late charge and the payment other charges referenced above represent a fair and reasonable estimate of the costs that Landlord will incur by reason of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment . Acceptance of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no any late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late or other charges shall not excuse or cure any constitute a waiver by Landlord of Tenant's default by Tenant under this Leasewith respect to the delinquent amount, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy of the other rights and remedies available to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate for any other breach of Tenant under this Lease. If a late charge or other charge becomes payable for any three (3) installments of Rent within any twelve (12) month period, then Landlord, at Landlord's sole option, can either require the Rent be paid quarterly in advance, or be paid monthly in advance by cashier's check or by electronic funds transfer.

Late Charges. Time is of the essence for all payments and other obligations due under this Note. Borrower acknowledges that if any payment required under this Note is not received by Lender in full within seven (a7) All non-scheduled payments required hereunder business days after the same becomes due and payable, Lender will incur extra administrative expenses (i.e., other than in addition to expenses incident to receipt of timely payment) and the Monthly Base Rentloss of the use of funds in connection with the delinquency in payment. Because, Rent Adjustments, and Rent Adjustment Deposits, which shall be due as hereinbefore provided) to Landlord shall be paid within thirty (30) days after Landlord’s demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until nature of the date paid at case, the Default Rate in effect on actual damages suffered by Lender by reason of such administrative expenses and loss of the date such payment was due. (b) In the event use of funds would be impracticable or extremely difficult to ascertain, Borrower agrees that Landlord has not received any installment of Rent due under this Lease on the date it is due, Tenant shall pay Landlord a late charge sum equal to five percent (5%) of the delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment (or portion thereof), together with Interest accruing on the entire Principal balance of rent by Tenantthis Note at the Default Rate, as provided above (b) in either case, a "Late Charge"), shall be the amount of damages which Lender is entitled to receive upon Borrower's failure to make a payment of Principal or Interest (or portion thereof) when due, in compensation therefor. Therefore, Borrower shall, in such late charge represents a reasonable estimate of event, without further demand or notice, pay to Lender, as Lender's monetary recovery for such costs and extra administrative expenses and that such late charge shall be paid to Landlord for each delinquent payment loss of use of funds, liquidated damages in the amount of the Late Charge (in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest Interest at the Default Rate and/or of late charges shall not excuse or cure any default Rate), unless waived by Tenant under this Lease, nor shall the foregoing Lender in writing. The provisions of this Article paragraph are intended to govern only the determination of damages in the event of a breach in the performance of Borrower to make timely payments hereunder. Nothing in this Note shall be construed as in any way giving Borrower the right, express or any implied, to fail to make timely payments hereunder, whether upon payment of such payments prevent Landlord from exercising any damages or otherwise. The right or remedy available of Lender to Landlord upon Tenant’s failure receive payment of such Late Charge, and receipt thereof, are without prejudice to pay Rent when due, including the right of Lender to terminate this Leasecollect such delinquent payments and any other amounts provided to be paid hereunder or under any of the other Loan Documents, or to declare a default hereunder or under any of the Loan Documents.

Late Charges. (a) All non-scheduled payments required Tenant hereby acknowledges that late payment by Tenant to Landlord of Base Monthly Rent and other sums due hereunder (i.e.will cause Landlord to incur costs not contemplated by this Lease, other than the Monthly Base Rentexact amount of which is extremely difficult to ascertain. Such costs include but are not limited to: administrative, Rent Adjustmentsprocessing, accounting, and late charges which may be imposed on Landlord by the terms of any contract, revolving credit, mortgage, or trust deed covering the Premises. Accordingly, if any installment of Base Monthly Rent Adjustment Deposits, which or other sum due from Tenant shall not be due as hereinbefore provided) to received by Landlord shall be paid or its designee within thirty five (305) days after Landlord’s demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date notice that such payment was due. is past due (b) In the event that provided however no such notice is required if Landlord has not received given such notice more than twice in any installment of Rent due under this Lease on the date it is due, given calendar year). Tenant shall pay to Landlord a late charge equal to five percent (5%) percent of such overdue amount, which late charge shall be due and payable on the delinquent installment of Rentsame date that the overdue amount was due. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (b) the amount of such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant, excluding interest and attorneys fees and costs. If any rent or other sum due from Tenant remains delinquent for a period in excess of thirty (30) days then, in addition to such costs and expenses and late charge, Tenant shall pay to Landlord interest on any rent that is not paid when due at the Agreed Interest Rate specified in Section 19.J following the date such amount became due until paid. Acceptance by Landlord of such late charge shall be paid not constitute a waiver of Tenant’s default with respect to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Lease, overdue amount nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or remedy available not collected, for three (3) consecutive installments of Base Monthly Rent, then the Base Monthly Rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding any provision of this Lease to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate this Leasecontrary.

Late Charges. (a) All non-scheduled payments required hereunder (i.e., other than the Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which shall be due as hereinbefore provided) to Landlord shall be paid within thirty ten (3010) days after Landlord’s demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received Tenant is more than five (5) days late in paying any installment of Rent due under this Lease on the date it is dueLease, Tenant shall pay Landlord a late charge equal to five percent (5%) of the delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (bii) the amount of such late charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Lease, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy available to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate this Lease.

Late Charges. (a) All non-scheduled payments required hereunder (i.e.If Tenant fails to pay, other than when the Monthly Base same is due and payable, any Rent, Additional Rent Adjustmentsor Other Charges, and Rent Adjustment Deposits, which shall be due as hereinbefore provided) to Landlord shall be paid within thirty (30) days after Landlord’s demand therefor. All such unpaid amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest at the rate of two percent (2%) per month from the date due until to the date paid of payment, unless such amount would violate any applicable usury law, in which event such unpaid amounts shall bear interest at the Default Rate in effect on highest rate then allowed by law. In addition to such interest, Tenant acknowledges that the date such late payment was due. (b) In the event that Landlord has not received by Tenant of any installment of Rent, Additional Rent due or Other Charges will cause Landlord to incur certain costs and expenses not contemplated under this Lease on Lease, the date it exact amount of such costs being extremely difficult or impractical to fix. Such costs and expenses will include, without limitation, administrative and collection costs, and processing and accounting expenses. Therefore, if any Rent, Additional Rent or Other Charge installment is not received by Landlord from Tenant by the fifth (5th) day after such installment is due, Tenant shall immediately pay Landlord to Landlord, in addition to the installment due, a late charge equal to five twelve percent (512%) of the delinquent installment of Rentsuch installment. The parties Landlord and Tenant agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (b) the amount of such this late charge represents a reasonable estimate of such costs and expenses and that is fair compensation to Landlord for its loss and expense suffered by such nonpayment by Tenant. Acceptance of this late charge shall be paid not constitute a waiver of Tenant’s default with respect to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable such nonpayment by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Lease, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy all other rights and remedies available to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate under this Lease. Landlord shall apply payments made by Tenant first to accrued charges, interest and rent in the following order: (a) Late Charges; (b) interest; (c) Rent; Other Charges and Additional Rent; and (d) any balance remaining to current Rent, Other Charges, and Additional Rent. Notwithstanding anything in this Section 7 to the contrary, provided Tenant pays all sums due hereunder by electronic funds transfer, Landlord shall waive the first (Pt) late charge that may be incurred by Tenant during any twelve (12) month period during the Lease Term, provided the unpaid amount is in fact paid in full by Tenant on or before the fifteenth (15th) day of the month in which any such payment is due.

Late Charges. Any and all sums or charges set forth in this Section 8 are considered part of Additional Rent. Tenant acknowledges that late payment (athe fifth day of each month or any time thereafter) All non-scheduled payments required hereunder (i.e., other than the Monthly by Tenant to Landlord of Base Rent, Rent AdjustmentsTenant's Share of Operating Expenses, Tax Expenses, Common Area Utility Costs, and Rent Adjustment DepositsUtility Expenses or other sums due hereunder, which shall be due as hereinbefore provided) to Landlord shall be paid within thirty (30) days after Landlord’s demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received any installment of Rent due under this Lease on the date it is due, Tenant shall pay Landlord a late charge equal to five percent (5%) of the delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated hereinby this Lease, the exact amount of which will such costs being extremely difficult and impracticable to fix. Such costs include, without limitation, processing and accounting charges, and late charges that may be difficult imposed on Landlord by the terms of any note secured by any encumbrance against the Premises, and late charges and penalties due to calculatethe late payment of real property taxes on the Premises. Therefore, including the cost and expense that will be incurred if any installment of Rent or any other sum due from Tenant is not received by Landlord in processing each within four (4) days of the date when due, Tenant shall promptly pay to Landlord all of the following, as applicable: (a) an additional sum equal to seven and one half percent (7.5%) of such delinquent payment of rent by Tenantamount. If Tenant delivers to Landlord a check for which there are not sufficient funds, (b) Landlord may, at its sole option, require Tenant to replace such check with a cashier's check for the amount of such late charge represents a reasonable estimate of such costs check and expenses and that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due other charges payable hereunder. The parties further agree that this late charge and the payment other charges referenced above represent a fair and reasonable estimate of the costs that Landlord will incur by reason of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment . Acceptance of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no any late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late or other charges shall not excuse or cure any constitute a waiver by Landlord of Tenant's default by Tenant under this Leasewith respect to the delinquent amount, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy of the other rights and remedies available to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate for any other breach of Tenant under this Lease. If a late charge or other charge becomes payable for any three (3) installments of Rent within any twelve (12) month period, then Landlord, at Landlord's sole option, can either require the Rent be paid uarterly in advance, or be paid monthly in advance by cashier's check or by electronic funds transfer.

Late Charges. (a) All non-scheduled payments required hereunder (i.e.If Tenant fails to pay, other than when the Monthly Base same is due and payable, any Rent, Additional Rent Adjustmentsor Other Charges, and Rent Adjustment Deposits, which shall be due as hereinbefore provided) to Landlord shall be paid within thirty (30) days after Landlord’s demand therefor. All such unpaid amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest at the rate of two percent (2%) per month from the date due until to the date paid of payment, unless such amount would violate any applicable usury law, in which event such unpaid amounts shall bear interest at the Default Rate in effect on highest rate then allowed by law. In addition to such interest, Tenant acknowledges that the date such late payment was due. (b) In the event that Landlord has not received by Tenant of any installment of Rent, Additional Rent due or Other Charges will cause Landlord to incur certain costs and expenses not contemplated under this Lease on Lease, the date it exact amount of such costs being extremely difficult or impractical to fix. Such costs and expenses will include, without limitation, administrative and collection costs, and processing and accounting expenses. Therefore, if any Rent, Additional Rent or Other Charge installment is not received by Landlord from Tenant by the fifth (5th) day after such installment is due, Tenant shall immediately pay Landlord to Landlord, in addition to the installment due, a late charge equal to five twelve percent (512%) of the delinquent installment of Rentsuch installment. The parties Landlord and Tenant agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (b) the amount of such this late charge represents a reasonable estimate of such costs and expenses and that is fair compensation to Landlord for its loss and expense suffered by such nonpayment by Tenant. Acceptance of this late charge shall be paid not constitute a waiver of Tenant’s default with respect to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable such nonpayment by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Lease, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy all other rights and remedies available to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate under this Lease. Landlord shall apply payments made by Tenant first to accrued charges, interest and rent in the following order: (a) Late Charges; (b) interest; (c) Rent; Other Charges and Additional Rent; and (d) any balance remaining to current Rent, Other Charges, and Additional Rent. Notwithstanding anything in this Section 7 to the contrary, provided Tenant pays all sums due hereunder by electronic funds transfer, Landlord shall waive the first (1st late charge that may be incurred by Tenant during any twelve (12) month period during the Lease Term, provided the unpaid amount is in fact paid in full by Tenant on or before the fifteenth (15th) day of the month in which any such payment is due.

Late Charges. (a) All non-scheduled payments required hereunder (i.e.rents and charges are due on the first of each month without notice. On the eleventh day, other than the Monthly Base Rent, Rent Adjustments, any rents due and Rent Adjustment Deposits, which unpaid shall be due as hereinbefore provided) to Landlord shall considered late and there will be paid within thirty (30) days after Landlord’s demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received any installment of Rent due under this Lease on the date it is due, Tenant shall pay Landlord a late charge equal assessed for late payment of rents, said charge to be twenty five ($25.00) per month or five percent (5%) of the delinquent installment of Rentmonthly rent, which ever is greater. The parties agree that (i) such delinquency late charges assessed will cause Landlord be due and payable at the time the regular rent is remitted. In the event all rent due, including late charges, remains unpaid for a period of 31 consecutive days, Lessor shall have the option of extending the delinquent period or giving notice to incur costs the Lessee to vacate premises. In the event the Lessor shall decide to extend said delinquent period said extension shall be in writing and expenses delivered to Lessee. Failure to receive said extension notice shall be deemed automatic notice of Lessor’s intent to have Lessee vacate premises occupied under this Lease and no additional notice shall be deemed necessary. In the event Lessee shall have, in the opinion of Lessor, vacated the leased premises without paying all rents and charges due, including but not contemplated hereinlimited to any and all charged due until expiration of said Lease the Lessor may then enter the premises after the said period of 31 days and either change the existing lock or remove the former Lessee’s belongings and hold them for value against unpaid rent and charges due under this Lease. In addition, the exact amount of which Lessor shall have the duty to notify the former occupant in writing at the Lessee’s last known address, that such belongings are being held and will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (b) the amount of such late charge represents a reasonable estimate of such costs and expenses offered for sale after 30 days and that such late charge any proceeds therefrom shall be paid used to Landlord reduce any rents and charges due. In the event that after such sale and after deducting for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative related expenses in handling and processing delinquent payments. Notwithstanding connection with said sale, there exist, excess funds over the foregoingamounts due regarding said lease, no late charge any excess funds shall be payable by Tenant on held for Lessee in escrow and said Lessee notified that such funds are available. In the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment event proceeds are insufficient to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant cover amounts due under this Lease, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy available to Landlord upon Tenant’s failure to pay Rent when due, including Lessor reserves the right to terminate this Leaseproceed under law, to collect any additional amounts due including any and all expense in connection with such procedures under law.

Late Charges. (a) All non-scheduled payments required Tenant hereby acknowledges that late payment by Tenant to Landlord of Base Monthly Rent and other sums due hereunder (i.e.will cause Landlord to incur costs not contemplated by this Lease, other than the Monthly Base Rentexact amount of which is extremely difficult to ascertain. Such costs include but are not limited to: administrative, Rent Adjustmentsprocessing, accounting, and late charges which may be imposed on Landlord by the terms of any contract, revolving credit, mortgage, or trust deed covering the Premises. Accordingly, if any installment of Base Monthly Rent Adjustment Deposits, which or other sum due from Tenant shall not be due as hereinbefore provided) to received by Landlord shall be paid or its designee within thirty five (305) days after Landlord’s demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received any installment of Rent due under this Lease on the date it rent is due, Tenant shall pay to Landlord a late charge equal to five percent (5%) percent of such overdue amount, which late charge shall be due and payable within five (5) days after written demand ("Demand"). The foregoing notwithstanding, if Landlord issues more than three (3) Demands during any 24-month period of the delinquent installment of RentLease, then Landlord shall no longer be obligated to issue Demands and a late charge shall be thereafter due and payable on the same date that the overdue amount was due. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (b) the amount of such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant, excluding interest and attorneys fees and costs. If any rent or other sum due from Tenant remains delinquent for a period in excess of thirty (30) days then, in addition to such costs and expenses and late charge, Tenant shall pay to Landlord interest on any rent that is not paid when due at the Agreed Interest Rate specified in Section 19.J following the date such amount became due until paid. Acceptance by Landlord of such late charge shall be paid not constitute a waiver of Tenant's default with respect to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Lease, overdue amount nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or remedy available not collected, for three (3) consecutive installments of Base Monthly Rent, then the Base Monthly Rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding any provision of this Lease to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate this Leasecontrary.

Late Charges. Any and all sums or charges set forth in this Section 8 are considered part of Additional Rent. Tenant acknowledges that late payment (athe tenth day of each month or anytime thereafter) All non-scheduled payments required hereunder (i.e., other than the Monthly by Tenant to Landlord of Base Rent, Rent AdjustmentsTenant's share of Operating Expenses, Tax Expenses, Common Area Utility Costs, and Rent Adjustment DepositsUtility Expenses, which shall be Administrative Expenses or other sums due as hereinbefore provided) to Landlord shall be paid within thirty (30) days after Landlord’s demand therefor. All such amounts (including Monthly Base Renthereunder, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received any installment of Rent due under this Lease on the date it is due, Tenant shall pay Landlord a late charge equal to five percent (5%) of the delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord landlord to incur costs and expenses not contemplated hereinby this Lease, the exact amount of which will such costs being extremely difficult and impracticable to fix. Such costs include, without limitation, processing and accounting charges, and late charges that may be difficult imposed on Landlord by the terms of any note secured by any encumbrance against the Premises, and late charges and penalties due to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent late payment of rent by Tenantreal property taxes on the Premises. Therefore, if any installment of Rent or any other some due from [xxxxxxxxxxxxxxxxxxxxxxxx] of the following, as: (a) An additional sum equal to ten percent (10%) of such delinquent amount plus interest on such delinquent amount at the rate equal to the prime rate plus three percent (3%) for the time period such payments are delinquent as a late charge for every month or portion thereof that such sums remain unpaid, (b) the amount of seventy-five dollars ($75) for each three-day notice prepared for, or served on, Tenant, (c) the amount of fifty dollars ($50) relating to checks for which there are not sufficient funds. If Tenant delivers to Landlord a check for which there are not sufficient funds, Landlord may, at its sole option, require Tenant to replace such late charge represents check with a reasonable estimate cashier's check for the amount of such costs check and expenses and that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due other charges payable hereunder. The parties further agree that this late charge and the payment other charges referenced above represent a fair and reasonable estimate of the costs that Landlord will incur by reason of late charges and the payment by Tenaxx. Xxceptance of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no any late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late or other charges shall not excuse or cure any constitute a waiver by Landlord of Tenant's default by Tenant under this Leasewith respect to the delinquent amount, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy of the other rights and remedies available to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate for any other breach of Tenant under this Lease. If a late charge or other charge becomes payable for any three (3) installments of Rent within any twelve (12) month period, then Landlord, at Landlord's sole option, can either require the Rent be paid quarterly in advance, or be paid monthly in advance by cashxxx'x xheck or by electronic funds transfer.

Late Charges. (a) All non-scheduled payments required hereunder (i.e.If any payment of principal of or interest on the Loans is not paid within 10 days of the due date of such payment, other the Borrower agrees to pay to the Bank, a fee equal to 5% of the amount of any payment of principal and/or interest not received when due but in any event not less than $25 with respect to each such overdue payment for the Monthly Base Rent, Rent Adjustments, and Rent Adjustment Depositspurpose of defraying the Bank's expenses incident to the handling of such delinquent payment, which shall be payable on the eleventh day after the due as hereinbefore provided) to Landlord date of such payment. Such fee shall be paid within thirty in addition to, and not in lieu of, any other remedy that the Bank may have. PERIODIC STATEMENT; CHARGING ACCOUNTS The Bank will send to the Borrower a monthly statement (30the "Periodic Statement") days after Landlord’s demand thereforwhich Statement will set forth in principal amount of each Loan made during the period covered by such statement (the "Statement Period"), the payments received during such Statement Period and the amount payable on the next payment date specified in the Periodic Statement. All payments shall be made in U.S. Dollars and in available funds. If a payment is not made in available funds, the Bank may apply the payment immediately but is not required to restore credit availability until such funds are available. If the Borrower maintains a Designated Business Account, the Bank shall charge the Designated Business Account for the principal of and interest on the Loans, any fees and other amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from owing to the date due until the date paid at the Default Rate in effect Bank under this Agreement on the date such payment was amounts become due. (b) In . The failure of the event that Landlord has Bank to charge the Designated Business Account, shall not received any installment affect the Borrower's obligation to make such payments when due. The Borrower shall promptly examine the Periodic Statement. If the Periodic Statement contains an error or a discrepancy with respect to Business CreditLink activity, the Borrower agrees to give the Bank written notice thereof within 30 days after receipt of Rent the statement. If the Borrower fails to give such notice, the Bank shall be released of all liability to the Borrower. APPLICATION OF PAYMENTS The Bank shall choose the order in which payments are applied to the amounts due under this Lease Agreement, except as otherwise required by law. Any payment in excess of the total outstanding obligations of the Borrower under this Agreement may be credited by the Bank to the Designated business Account as a deposit provided the Borrower maintains a Designated Business Account or returned to the Borrower in accordance with the Bank's practices. RIGHT OF SET-OFF The Bank shall have a lien on the date it is due, Tenant shall pay Landlord a late charge equal to five percent (5%) balances of the delinquent installment Borrower now or hereafter on deposit with or held as custodian by the Bank and the Bank shall have full authority to set-off such balances against the obligations of Rentthe borrower under this Agreement or any other obligation of the borrower to the Bank, and may at any time, without notice to the extent permitted by law, apply the same to such obligations, whether or not due. The parties agree that (i) ACCOUNTS; ATM, ARU AND PC SERVICES Any checking or savings accounts which the borrower maintains at the Bank, and ATM, ARU and PC services, are governed by the terms and conditions of other agreements between the Bank and the Borrower and such delinquency will cause Landlord rules and regulations as the Bank may establish from time to incur costs time. ATM transactions conducted at a participating network ATM may be subject to additional applicable rules and expenses not contemplated hereinregulations of the owner or operator of such ATM. Pursuant to such other agreements, rules and regulations, the exact amount of which Bank may impose charges in connection with, and place limitations on the use of, such accounts, or ATM, ARU or PC services. Any such charges and limitations will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (b) the amount of such late charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and limitations imposed under this Agreement. In the payment of interest provided for event any term or condition in subparagraph (a) above are distinct and separate from one another in that this Agreement with respect to the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in Loan account conflicts with any twelve-month period of a delay in receipt term or condition of any payment hereunderagreement governing such other accounts, provided that Tenant delivers such payment to Landlord within two (2) business days after or ATM, ARU or PC services, the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Lease, nor shall the foregoing provisions terms and conditions of this Article or any such payments prevent Landlord from exercising any right or remedy available Agreement will be controlling with respect to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate this LeaseLoan Account.

Late Charges. (a) All non-scheduled Tenant acknowledges that, in addition to interest costs, the late payments required hereunder (i.e., other than the Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which shall be due as hereinbefore provided) by Tenant to Landlord shall be paid within thirty (30) days after Landlord’s demand therefor. All such amounts (including of any Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received any installment of Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the date it terms of any mortgage, deed of trust or related loan documents encumbering the Premises. Accordingly, if any monthly installment of Rent or any other amount payable by Tenant hereunder is not received by Landlord within ten (10) days following written notice that such amount is due, Tenant shall pay to Landlord a late charge equal to an additional sum of five percent (5%) of the delinquent installment overdue amount as a late charge for the first late charge due and payable by Tenant pursuant to this Section 22.7 in any calendar year, or ten percent (10%) of Rentthe overdue amount as a late charge for the second (2nd) and any subsequent late charge due and payable by Tenant pursuant to this Section 22.7 in any calendar year. However, in no event shall any late charge be more than the maximum late charge allowed by law. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (b) the amount of such late charge represents a fair and reasonable estimate of such the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and expenses and that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to the use the of Landlord's money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional Landlord's processing, administrative expenses in handling and processing other costs incurred by Landlord as a result of Tenant's delinquent payments. Notwithstanding the foregoing, no Acceptance of a late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall or interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse constitute a waiver of Tenant's default with respect to the overdue amount or cure any default by Tenant under this Lease, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy of the other rights and remedies available to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate under this LeaseLease or at law or in equity now or hereafter in effect.

Late Charges. (a) All non-scheduled payments required hereunder (i.e.Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent will cause Landlord to incur costs not contemplated by this Lease, other than the Monthly Base Rentexact amount of which will be extremely difficult to ascertain. Such costs include, Rent Adjustmentsbut are not limited to, processing and accounting charges, and Rent Adjustment Deposits, late charges which shall may be due as hereinbefore provided) to imposed on Landlord shall be paid within thirty (30) days after Landlord’s demand thereforby the terms of any mortgage or deed of trust covering the Premises. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received any installment of Rent due under this Lease on the date it is dueAccordingly, Tenant shall pay Landlord to Landlord, as Additional Rent (as defined in Paragraph 4.3 below), without the necessity of prior notice or demand, a late charge equal to five percent (5%) of the delinquent any installment of RentRent which is not received by Landlord within five (5) days after the due date for such installment. The parties hereby agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (b) the amount of such late charge represents a fair and reasonable estimate of such the costs and expenses and that such Landlord will incur by reason of late payment by Tenant. In no event shall this provision for a late charge shall be paid deemed to Landlord for each delinquent payment in addition grant to all Tenant a grace period or extension of time within which to pay any installment of Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Lease, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy available to Landlord upon Tenant’s failure to pay such installment of Rent when due, including without limitation the right to terminate this Lease. In the event any installment of Rent is not received by Landlord by the thirtieth (30th) day after the due date for such installment, such installment shall bear interest at the annual rate set forth in Paragraph 34 below, commencing on the thirty-first (31st) day after the due date for such installment and continuing until such installment is paid in full. Landlord and Tenant acknowledge and agree that the terms of this Section 4.2 shall not be applicable unless, in the twelve (12) months preceding any late payment of Rent, Tenant failed to timely deliver any installment of Rent, provided, however, that the terms of this Section 4.2 shall apply upon the occurrence of any Default by Tenant described in Section 14.1(a).

Late Charges. (a) All non-scheduled payments required hereunder (i.e., other than the Monthly Tenant recognizes that late payment of any Base Rent, Additional Charges or Additional Rent Adjustments(defined below) will result in administrative expenses to Landlord, the extent of which additional expense is extremely difficult and economically impractical to ascertain. Tenant therefore agrees that if any Base Rent, Additional Charges, or Additional Rent Adjustment Deposits, which shall be due as hereinbefore provided) to Landlord shall be paid within thirty remains unpaid three (303) days after the date of written notice from Landlord’s demand therefor. All , the amount of such amounts (including Monthly unpaid Base Rent, Additional Charges or Additional Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received any installment of Rent due under this Lease on the date it is due, Tenant shall pay Landlord be increased by a late charge to be paid to Landlord by Tenant, as an Additional Charge, in an amount equal to five percent (5%) (or such greater amount not to exceed six percent (6%) as may be charged by the Mortgagee for a late payment of a monthly Mortgage payment) of the amount of the delinquent installment of Base Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (b) the amount of such late charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent paymentsAdditional Charges or Additional Rent. Notwithstanding the foregoing, no late charge Landlord shall not be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers required to provide such payment to Landlord within notice more than two (2) business times during any two (2) year period during the Term, the late charge accruing with respect to the third such non-payment from the date which is three (3) days after the due date of such amount without the requirement of notice from Landlord. Tenant agrees that it such amount is otherwise duea reasonable estimate of the loss and expense to be suffered by Landlord as a result of such late payment by Tenant and may be charged by Landlord to defray such loss and expense. Under no circumstances shall interest be payable on In addition, any late charge. (c) Payment of interest at the Default Rate and/or of outstanding Base Rent, Additional Charges, Additional Rent and late charges shall not excuse accrue interest at an annualized rate of the greater of (i) ten percent (10%) or cure any default (ii) the Prime Rate as published on the last day of whichever of said three (3) day periods is applicable plus four percent (4%), but in no event greater than the maximum rate allowed by Tenant under this Leaselaw (the “Default Rate”), nor shall the foregoing until paid to Landlord. The provisions of this Article or any such payments prevent Landlord from exercising any right or remedy available to Landlord upon Tenant’s failure Section 3(e) shall not relieve Tenant of the obligation to pay Base Rent, Additional Charges or Additional Rent when on or before the date on which they are due, including the right or in any way affect Landlord’s remedies pursuant to terminate this LeaseSection 21(b) if any Base Rent, Additional Charges or Additional Rent are unpaid after they are due.

Late Charges. (a) All non-scheduled payments required Tenant hereby acknowledges that late payment by Tenant to Landlord of Base Monthly Rent and other sums due hereunder (i.e.will cause Landlord to incur costs not contemplated by this Lease, other than the Monthly Base Rentexact amount of which is extremely difficult to ascertain. Such costs include but are not limited to: administrative, Rent Adjustmentsprocessing, accounting, and late charges which may be imposed on Landlord by the terms of any contract, revolving credit, mortgage, or trust deed covering the Premises. Accordingly, if any installment of Base Monthly Rent Adjustment Deposits, which or other sum due from Tenant shall not be due as hereinbefore providedreceived by Landlord or its designee within five (5) to Landlord shall be paid within thirty (30) business days after Landlord’s demand therefor. All Tenant receives written notice that such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) amount was not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect received by Landlord on the date such payment rent was due. (b) In the event that Landlord has not received any installment of Rent due under this Lease on the date it is due, Tenant shall pay to Landlord a late charge equal to five percent (5%) of the delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (b) the amount percent of such late charge represents a reasonable estimate of such costs and expenses and that such overdue amount, which late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree and payable on the same date that the payment of late charges overdue amount was due; provided, however, that Tenant shall only receive one such written notice in any 12-month period, and thereafter, the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two accrue five (25) business days after the date payment of rent was due without the requirement of such written notice. The parties agree that it is otherwise such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant, excluding interest and attorneys' fees and costs. Notwithstanding the foregoing, upon the first failure of Tenant to make timely payment in any calendar year of the Term, Tenant shall not be liable for such late charge if Tenant pays such overdue amount to Landlord within three (3) business days after receipt of written notice that such amount was not received when due. Under no circumstances If any rent or other sum due from Tenant remains delinquent for a period in excess of thirty (30) days then, in addition to such late charge, Tenant shall pay to Landlord interest be payable on any late charge. (c) Payment of interest rent that is not paid when due at the Default Agreed Interest Rate and/or specified in Section 19.J following the date such amount became due until paid. Acceptance by Landlord of such late charges charge shall not excuse or cure any constitute a waiver of Tenant's default by Tenant under this Lease, with respect to such overdue amount nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or remedy available not collected, for three (3) consecutive installments of Base Monthly Rent, then the Base Monthly Rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding any provision of this Lease to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate this Leasecontrary.

Late Charges. Any and all sums or charges set forth in this Section 8 are considered part of Additional Rent. Tenant acknowledges that late payment (amore than five (5) All non-scheduled payments required hereunder (i.e., other than the Monthly days after such amounts are delinquent) by Tenant to Landlord of Base Rent, Rent AdjustmentsTenant’s Share of Operating Expenses, Tax Expenses, Common Area Utility Costs, and Rent Adjustment DepositsUtility Expenses or other sums due hereunder, which shall be due as hereinbefore provided) to Landlord shall be paid within thirty (30) days after Landlord’s demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received any installment of Rent due under this Lease on the date it is due, Tenant shall pay Landlord a late charge equal to five percent (5%) of the delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated hereinby this Lease, the exact amount of which will such costs being extremely difficult and impracticable to fix. Such costs include, without limitation, processing and accounting charges, and late charges that may be difficult imposed on Landlord by the terms of any note secured by any encumbrance against the Premises, and late charges and penalties due to calculatethe late payment of real property taxes on the Premises. No late charges shall be imposed until after Tenant has, including the cost on three (3) occasions, timely failed to pay Rent or other sums due hereunder and expense that will be incurred thereafter, if any installment of Rent or any other sum due from Tenant is not received by Landlord in processing each when due, Tenant shall promptly pay to Landlord all of the following, as applicable: (a) an additional sum equal to seven and one-half percent (7.5%) of such delinquent payment of rent by Tenantamount. If Tenant delivers to Landlord a check for which there are not sufficient funds, (b) Landlord may, at its sole option, require Tenant to replace such check with a cashier’s check for the amount of such check. The parties agree that this late charge represents and the other charges referenced above represent a fair and reasonable estimate of such the costs and expenses and that such Landlord will incur by reason of late payment by Tenant. Acceptance of any late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late or other charges shall not excuse or cure any constitute a waiver by Landlord of Tenant’s default by Tenant under this Leasewith respect to the delinquent amount, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy of the other rights and remedies available to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate for any other breach of Tenant under this Lease. If a late charge or other charge becomes payable for any three (3) installments of Rent within any twelve (12) month period, then Landlord, at Landlord’s sole option, can either require the Rent be paid quarterly in advance, or be paid monthly in advance by cashier’s check or by electronic funds transfer.

Late Charges. (a) All non-scheduled payments required Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent or other sums due hereunder (i.e.will cause Landlord to incur costs not contemplated by this Lease, other than the Monthly Base Rentexact amount of which is extremely difficult to ascertain. Such costs include, Rent Adjustmentsbut are not limited to, processing and accounting charges, and Rent Adjustment Depositslate charges which may be imposed upon Landlord by the terms of any mortgage, which shall be due as hereinbefore provided) to Landlord shall be paid within thirty (30) days after Landlord’s demand therefordeed of trust, or ground or underlying lease covering the Premises. All such amounts (including Monthly Base RentAccordingly, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received if any installment of Rent or any other sum due under this Lease on the date it is duefrom Tenant shall not be received by Landlord or Landlord's designee within five (5) business days after notice of Tenant's failure to pay such amount, then Tenant shall pay to Landlord a late charge equal to five two percent (52.0%) of the delinquent installment of Rentamount; provided, however, that the first (1st) late charge in any consecutive twelve (12) month period shall not exceed $10,000.00, and no late charge may be assessed unless a notice of, and invoice for, such assessment is sent to Tenant within sixty (60) days after such failure to pay occurs. The parties hereby agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (b) the amount of such late charge represents a fair and reasonable estimate of such the costs and expenses and that Landlord will incur by reason of the late payment of Rent by Tenant. Acceptance of such late charge by Landlord shall be paid in no event constitute a waiver of Tenant's default with respect to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Leaseoverdue amount, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any of the other rights and remedies granted hereunder. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord's other rights and remedies hereunder or remedy available at law and shall not be construed as liquidated damages or as limiting Landlord's remedies in any manner. In addition to Landlord upon Tenant’s the late charge described above, any Rent or other amounts owing hereunder which are not paid within five (5) business days after notice of such failure to pay Rent when due, including the right such amounts shall thereafter bear interest until paid at a rate per annum equal to terminate this Interest Rate. 804296.08/LAH4321-047/10-7-08/nng/law -00- XXXXX XXXX XXXXX[Xxxxx Xxxx Lease.]

Late Charges. (a) All non-scheduled payments required hereunder (i.e., other than the Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which shall be due as hereinbefore provided) Tenant’s failure to Landlord shall be paid within thirty (30) days after Landlord’s demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received any installment of Rent promptly pay sums due under this Lease may cause Landlord to incur unanticipated costs. The exact amount of those costs is impractical or extremely difficult to ascertain. The costs may include, but are not limited to, processing and accounting charges and late charges that may be imposed on Landlord by any ground lease or deed of trust encumbering the Premises. Payments due to Landlord under this Lease are not an extension of credit. Therefore, if any payment under this Lease is not actually received on or before the due date it is due(and not merely deposited in the mail), Tenant shall pay Landlord may, at Landlord’s option and to the extent allowed by applicable law, impose a Late Charge on any late charge payments in an amount equal to five percent (5%) of the delinquent installment amount of the past due payment (the “Late Charge”) after the payment is more than five days past due. A Late Charge may be imposed only once on each past due payment. Any Late Charge will be in addition to Landlord’s other remedies for nonpayment of Rent. If any check tendered by Tenant under this Lease is dishonored for any reason, Tenant shall pay to Landlord a dishonored check fee of thirty dollars ($30.00), plus (at Landlord’s option) a Late Charge as provided above until Good Funds (defined below) are received by Landlord. The parties agree that (i) such delinquency will cause Landlord to incur costs any Late Charge and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost dishonored check fee represent a fair and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (b) the amount of such late charge represents a reasonable estimate of such the costs Landlord will incur by reason of the late payment or dishonored check. If there are any Late Charges, dishonored check fees, installments of Base Rent, and expenses and that such late charge shall be paid any other unpaid charges or reimbursements due to Landlord, then Landlord for each delinquent payment may apply any payments received from Tenant to any amounts due in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate any order Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent paymentsmay choose. Notwithstanding the foregoing, no late charge shall be payable by Tenant on Landlord will not impose a Late Charge as to the first occasion late payment in any twelve-month period of a delay in receipt of any payment hereundercalendar year, provided that unless Tenant delivers such fails to pay the late payment to Landlord within two three (23) business days after the date that it is otherwise duedelivery of a written notice from Landlord to Tenant demanding the late payment be paid. Under no circumstances shall interest be payable However, Landlord may impose a Late Charge without advance notice to Tenant on any subsequent late chargepayment in the same calendar year. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Lease, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy available to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate this Lease.

Late Charges. If any installment of Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee within five (a5) All non-scheduled payments required hereunder (i.e., other than the Monthly business days following written notice that Base Rent, Rent AdjustmentsTenant’s Electricity Cost and/or monthly payments of Tenant’s Share of any Estimated Excess was not paid when due (provided, and Rent Adjustment Depositshowever, which shall be due as hereinbefore provided) to that Landlord shall not be paid required to give Tenant written notice more than three (3) times in any twelve (12) month period), or within thirty (30) business days after Landlord’s demand therefor. All following written notice that such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) amount was not paid when due for any other item of Additional Rent and other sums which may become due under this Lease, then Tenant shall pay to Landlord a late charge equal to three percent (3%) of the overdue amount. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid within five (5) business days following the due date for Base Rent, Tenant’s Electricity Cost and/or monthly payments of Tenant’s Share of any Estimated Excess, or within thirty (30) business days following written notice that such amount was not paid when due for any other item of Additional Rent and other sums which may become due under this Lease shall bear interest from the date when due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received any installment of Rent due under this Lease on the date it is due, Tenant shall pay Landlord a late charge an annual interest rate equal to five the Prime Rate (as stated under the column “Money Rates” in The Wall Street Journal) plus four percent (54%) of ); provided, however, in no event shall such annual interest rate exceed the delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred highest annual interest rate permitted by Landlord in processing each delinquent payment of rent by Tenant, (b) the amount of such late charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late chargeApplicable Law. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Lease, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy available to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate this Lease.

Late Charges. Subtenant acknowledges that late payment by Subtenant ------------ to Sublandlord of any amount due under this Sublease or the delivery of a check by Subtenant which is dishonored or returned by the bank upon which said check is drawn will cause Sublandlord to incur costs not contemplated by this Sublease, the exact amount of such costs being extremely difficult and impracticable to fix. Such costs include, without limitation, processing and accounting charges, and late charges that may be imposed on Sublandlord by the terms of any encumbrance and note secured by any encumbrance covering the Demised Premises. Therefore, if (a) All non-scheduled payments required hereunder any amount payable by Subtenant is not received by Sublandlord within five (i.e., other than the Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which shall be due as hereinbefore provided) to Landlord shall be paid within thirty (305) days after Landlord’s demand therefor. All such amounts (including Monthly Base Rentthe due date thereof, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. or (b) In Subtenant delivers a check to Sublandlord which is dishonored or returned by the bank upon which said check is drawn (with each event that Landlord has not received any installment of Rent due under this Lease on the date it is dueset forth in clauses (a) and (b) being referred to herein as a "late payment"), Tenant Subtenant shall pay Landlord a late charge equal to five Sublandlord an additional sum of three percent (53%) of the delinquent installment overdue amount or the amount of Rentsuch dishonored or returned check, as the case may be (the "late charge"). The parties agree that (i) such delinquency this charge represents a fair and reasonable estimate of the costs that Sublandlord will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (b) the amount reason of such late charge represents a reasonable estimate payment or delivery of such costs and expenses and that check by Subtenant. Acceptance of any such late charge shall be paid not constitute a waiver of Subtenant's default with respect to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenantoverdue or unpaid amount, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Lease, nor shall the foregoing provisions of this Article or any such payments prevent Landlord Sublandlord from exercising any right or remedy of the other rights and remedies available to Landlord upon Tenant’s failure to pay Rent when due, including the right Sublandlord. If Sublandlord prepares and serves any notice on Subtenant to terminate this LeaseSublease or to declare a forfeiture thereof, Subtenant also shall pay to Sublandlord security for performance on demand the reasonable cost of preparing and serving such notice.

Late Charges. 8.1. In the event any payment of Rent or any other sum required hereby shall not be paid within (a5) All non-scheduled payments required hereunder (i.e., other than days after the Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which same shall be due and payable, a late charge by way of damages shall be immediately due and payable in addition to the interest provided above. However, as hereinbefore provided) an accommodation to Tenant, only upon the first occurrence, in any calendar year, of Tenant's failure to pay rent when due, Landlord shall give Tenant written notice of Tenant's failure to make such payment. If Landlord does not receive such payment within five days after sending Tenant notice, the late charge shall be due and payable. Tenant recognizes and acknowledges that default in making, when due, payments of Rent required hereby will result in Landlord incurring additional costs and expenses. Such costs and expenses include, but are not limited to, processing and accounting charges, legal costs, late charges that may be imposed on Landlord by the terms of any encumbrance and note secured by any encumbrance covering the Premises, loss to Landlord shall be paid within thirty (30) days after Landlord’s demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustmentsof the use of the money due, and late charges that may be imposed on Landlord by the terms of any mortgage or trust deed covering the Premises. Tenant hereby agrees that, in the event of any such late payment, Landlord will be damaged and will be entitled to compensation for these damages, but such damages are, and will continue to be extremely difficult and impractical to ascertain for the following reasons: (i) the damages to which Landlord will be entitled in a court of law will be based on the difference between the actual value of Rent Adjustment Depositson the Premises at the time such payment is due and the Rent for the Premises as set forth in this Lease which difference must be based on opinions of rental value of the Premises which can vary in significant amounts; and (ii) not paid when due shall bear interest from it is impossible to predict as of the date due until on which this Lease is entered into whether the rental value of the Premises will increase or decrease as of the date paid at of any future payments, and Tenant desires to limit the Default Rate in effect on the date such amount of damages for which Tenant might be liable should Tenant fail to make any payment was due. (b) In the event that Landlord has not received any installment of Rent due under this Lease on the date it is due, required hereby. Tenant shall pay Landlord therefore agrees (i) that a late charge equal to five percent (5%) of the delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (b) the amount of such late charge represents Rent that becomes delinquent is a reasonable estimate of such costs and expenses and that such late charge shall be paid said damages to Landlord for each delinquent payment in addition and (ii) to all Rent otherwise due hereunderpay said sum on demand. 8.2. The parties further agree that the payment Acceptance of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges , or any part thereof, shall not excuse constitute a waiver of Tenant's default with respect to the overdue amount, or cure any default by Tenant under this Lease, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy of the other rights and remedies available to Landlord. Any late charge shall be deemed additional rent and collection thereof shall be in addition to all of Landlord's other rights and remedies hereunder or at law or in equity and shall be construed as liquidated damages or as limiting Landlord's remedies in any manner. If Rent is not received by the due date, Landlord upon Tenant’s failure shall notify Tenant and Tenant shall, on demand of Landlord, immediately cure the default by presentment of Rent and late charge to pay Rent when due, including the right Landlord. 8.3. Any payments of any kind returned for insufficient funds will be subject to terminate this Leasean additional handling charge of twenty-five dollars ($25.00).

Late Charges. (a) All non-scheduled payments required hereunder (i.e., other than the Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which shall be due as hereinbefore provided) Tenant hereby acknowledges that late payment by Tenant to Landlord shall be paid within thirty (30) days after Landlord’s demand therefor. All such amounts (including of Base Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when other sums due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received any installment of Rent due under this Lease on the date it is due, Tenant shall pay Landlord a late charge equal to five percent (5%) of the delinquent installment of Rent. The parties agree that (i) such delinquency hereunder will cause Landlord to incur costs and expenses not contemplated hereinby this Lease, the exact amount of which will be extremely difficult to calculateascertain. Such costs include, including but are not limited to, administrative, processing, accounting charges, and late charges, which may be imposed on Landlord by the cost and expense that will terms of any contract, revolving credit, mortgage or trust deed covering the Premises. Accordingly, if any installment of Base Monthly Rent or any other sum due from Tenant shall not be incurred received by Landlord or Landlord's designee when due, Tenant shall pay to Landlord a late charge equal to five (5%) percent of such overdue amount which late charge shall be due and payable on the same date that the overdue amount in processing each delinquent question was due. Landlord agrees to waive said late charge in the event all amounts set forth in any notice served upon Tenant by Landlord to pay rent or quit in connection with the overdue amount are paid in full by cashier's check within five (5) days after Landlord's written notice to Tenant of non-payment or within five (5) days after Landlord's service upon Tenant of rent by Tenant, (b) the amount of such notice to quit or pay rent. The parties hereby agree that such late charge represents a fair and reasonable estimate of such the costs and expenses and that Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall be paid in no event constitute a waiver of Tenant's default with respect to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelve-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Leaseoverdue amount, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or remedy available not collected, for three (3) consecutive installments of Base Monthly Rent, then rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding any provision of this Lease to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate this Leasecontrary.

Late Charges. (a) All non-scheduled payments required hereunder (i.e., other than the The Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which Deposits and Parking charges shall be due as hereinbefore provided) when specifically provided above. Except for such payments and late charges described below, which late charge shall be due when provided below (without notice or demand), all other payments required hereunder to Landlord shall be paid within thirty ten (3010) days after Landlord’s demand therefor. All such amounts (including Monthly Base RentRent and charges, Rent Adjustmentsexcept late charges, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received Tenant is more than three (3) days late more than once in any twelve (12) month period in paying any installment of Rent due under this Lease on the date it is dueLease, Tenant shall pay Landlord a late charge equal to five percent (5%) of the delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (bii) the amount of such late charge represents a reasonable estimate of such costs and expenses and (iii) that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable by Tenant on the first occasion in any twelvejka v14-month period of a delay in receipt of any payment hereunder, provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest be payable on any late charge.Continental_Grand-Learning_Tree-Lease (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Lease, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy available to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate this Lease.