Common use of Late Charges Clause in Contracts

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges and late charges that may be imposed on Lessor by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s designee when due, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges by Lessor shall in no event constitute a waiver of Lessee’s default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 9 contracts

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

Late Charges. The Lessee hereby acknowledges that the late payment by the Lessee to the Lessor of Rent rent and other sums due hereunder will cause the Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges and late charges that which may be imposed on the Lessor by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent rent or any other sum due from the Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor the Lessor, or the Lessor’s designee when 's designee, within ten (10) days after the same is due, the Lessee shall pay to the Lessor a late charge equal to six five percent (65%) of such overdue amount, monthly, until such overdue amount is paid. The parties hereby agree Lessee acknowledges that such late charge represents a fair and reasonable estimate of the costs cost that the Lessor will incur by reason of a late payment by the Lessee. Acceptance of such late charges charge by the Lessor shall in no event constitute a waiver of the Lessee’s 's default with respect to such overdue amount, amounts nor prevent the Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 6 contracts

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

Late Charges. Lessee hereby acknowledges that a late payment made by Lessee to Lessor of Rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that charges, which may be imposed on Lessor by according to the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent base monthly rent or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall monthly estimate of CAC is not be received by Lessor or Lessor’s designee when duewithin five (5) days after such amount is due or if any other Rent or other sum payable to Lessor is not received by Lessor or Lessor’s designee within ten (10) days after Lessor delivers a written notice to Lessee, Lessee shall pay to Lessor a late charge equal to six five percent (65%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment payments made by Lessee. Acceptance of such late charges by Lessor shall in no event constitute a waiver of Lessee’s default with respect to such overdue amount, nor shall it prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 4 contracts

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

Late Charges. Lessee hereby acknowledges that a late payment made by Lessee to Lessor of Rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that charges, which may be imposed on Lessor by according to the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall is not be received by Lessor or Lessor’s 's designee when within five (5) days after such amount is due, Lessee shall pay to Lessor a late charge equal to six percent five (65%) percent of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment payments made by Lessee. Acceptance of such late charges by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor shall it prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 4 contracts

Sources: Lease Agreement (Intertrust Technologies Corp), Lease Agreement (Intertrust Technologies Corp), Lease Agreement (Intertrust Technologies Corp)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent rent or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s designee on or before the date when due, Lessee shall pay to Lessor a late charge equal to six ten percent (610%) of such overdue amountamount but not exceeding $250.00 if paid within 10 days of the original due date. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s default with respect to such overdue amount, amount nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 4 contracts

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

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent and rent or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on upon Lessor by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent rent or any other of a sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s 's designee when within ten (10) days after said amount is due, then Lessee shall pay to Lessor a late charge equal to six percent ten (610%) per cent of such overdue over due amount. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Lessor will incur by reason of the late payment by Lessee. Acceptance of such late charges by the Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 3 contracts

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

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent and Base Rent, Lessee's Share of Operating Expense Increase or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the PremisesOffice Building Project. Accordingly, if any installment of Rent Base Rent, Operating Expense Increase, or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s 's designee when within five (5) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 3 contracts

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

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent rent or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s designee when within the (10) days after such amount shall be due, Lessee shall pay to Lessor a late charge equal to six percent (6%) 18% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s default with respect to such overdue amount, nor to prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 3 contracts

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

Late Charges. Lessee hereby acknowledges that a late payment made by Lessee to Lessor of Rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that charges, which may be imposed on Lessor by according to the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall is not be received by Lessor or Lessor’s 's designee when within ten (10) days after such amount is due, Lessee shall pay to Lessor a late charge equal to six percent five (65%) percent of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment payments made by Lessee. Acceptance of such late charges by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor shall it prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 3 contracts

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

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent and Base Rent, Lessee’s Share of Operating Expense Increase or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the PremisesOffice Building Project. Accordingly, if any installment of Rent Base Rent, Operating Expense Increase, or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s designee when within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s default with respect to such overdue amount, . nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 2 contracts

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

Late Charges. Lessee hereby acknowledges that If Borrower is late in making any payment of principal or interest or Final Payment under this Agreement by Lessee more than five (5) days, Borrower agrees to Lessor of Rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges and late charges that may be imposed on Lessor by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s designee when due, Lessee shall pay to Lessor a late charge equal to six of five percent (65%) of the installment due, but not less than fifty dollars ($50.00) for any one such overdue amountdelinquent payment; provided, however, that Borrower shall not pay such late charge if the failure to make any such payment when due (taking into account applicable grace periods) arises solely from either (i) Lender’s failure to effect timely automatic debits of the appropriate funds from Borrower’s Primary Operating Account as provided in Section 2.2 hereunder or (ii) a technical malfunction of an ACH transfer (and not for any other reason, including, without limitation, insufficient funds or an act, or failure to act, by Borrower, which adversely affects the ACH transfer). The parties hereby agree This late charge may be charged by Lender for the purpose of defraying the expenses incidental to the handling of such delinquent amounts. Borrower acknowledges that such late charge represents a reasonable sum considering all of the circumstances existing on the date of this Agreement and represents a fair and reasonable estimate of the costs Lessor that will incur be sustained by reason Lender due to the failure of Borrower to make timely payments. Borrower further agrees that proof of actual damages would be costly and inconvenient. Such late payment by Lessee. Acceptance charge shall be paid without prejudice to the right of such late charges by Lessor shall in no event constitute Lender to collect any other amounts provided to be paid or to declare a waiver of Lessee’s default with respect to such overdue amount, nor prevent Lessor from exercising under this Agreement or any of the other Loan Documents or from exercising any other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4of Lender.

Appears in 2 contracts

Sources: Loan and Security Agreement (Nanosphere Inc), Loan and Security Agreement (Nanosphere Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent and Base Rent, Lessee's Share of Operating Expense increase or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the PremisesOffice Building Project. Accordingly, if any installment of Rent Base Rent, Operating Expense increase, or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s 's designee when within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 2 contracts

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

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent and Base Rent, Lessee’s Share of Operating Expense Increase or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the PremisesProject. Accordingly, if it any installment of Rent Base Rent, Operating Expense Increase, or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s designee when such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) 10% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the the, costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 2 contracts

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

Late Charges. Lessee hereby acknowledges that If Borrower is late in making any scheduled payment in respect of the Obligations by Lessee more than five (5) days, then Borrower agrees to Lessor of Rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges and late charges that may be imposed on Lessor by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s designee when due, Lessee shall pay to Lessor a late charge equal to six of five percent (65%) of the payment due, but not less than fifty dollars ($50.00) for any one such overdue amountdelinquent payment; provided, that Lender shall endeavor to provide Borrower written notice of such late charge; provided further however, that (i) any failure of Lender to provide notice shall not relieve Borrower of the obligation to pay the same; and (ii) Borrower shall only be entitled to such notice from Lender one (1) time per year. The parties hereby agree This late charge may be charged by Lender for the purpose of defraying the expenses incidental to the handling of such delinquent amounts. Borrower acknowledges that such late charge represents a reasonable sum considering all of the circumstances existing on the date of this Agreement and represents a fair and reasonable estimate of the costs Lessor that will incur be sustained by reason Lender due to the failure of Borrower to make timely payments. Borrower further agrees that proof of actual damages would be costly and inconvenient. Such late payment by Lessee. Acceptance charge shall be paid without prejudice to the right of such late charges by Lessor shall in no event constitute Lender to collect any other amounts provided to be paid or to declare a waiver of Lessee’s default with respect to such overdue amount, nor prevent Lessor from exercising under this Agreement or any of the other Loan Documents or from exercising any other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4of Lender.

Appears in 2 contracts

Sources: Loan and Security Agreement (Impel Neuropharma Inc), Loan and Security Agreement (Impel Neuropharma Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent rent or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s designee when due's designated agent within five (5) days after such amount is due and owing, Lessee shall pay to Lessor a late charge equal to six (i) 3% of such overdue amount the first time a late charge is payable, and (ii) five percent (65%) of such overdue amountamount every other time a late charge is payable during the Lease Term. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. SpecificallyIn the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of rent, then rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Section 4.01 or any other provision of this Lease to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4contrary.

Appears in 2 contracts

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

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Leaselease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) rent shall not be received by Lessor or Lessor’s 's designee when within fifteen (15) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) 3% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 2 contracts

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

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent and Base Rent, Lessee's Share of Operating Expanses or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Premisesoffice building Project. Accordingly, if any installment of Rent Base Rent, Operating Expenses, or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s 's designee when within ten (10) days after such amount shall be due, then without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 2 contracts

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

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent and Base Rent, ▇▇▇▇▇▇'s Share of Operating Expense Increase or other sums due hereunder will cause Lessor to incur Incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs includeInclude, but are not limited to, processing and accounting charges and charges, end late charges that which may be imposed Imposed on Lessor by the terms of any mortgage or trust deed covering the PremisesOffice Building Project. Accordingly, . if any installment of Rent Base Rent, Operating Expense Increase, or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s 's designee when within ten (10) days after such amount shall be due. then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee▇▇▇▇▇▇. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s ▇▇▇▇▇▇'s default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.414.

Appears in 2 contracts

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

Late Charges. Notwithstanding anything contained in this Lease to the contrary, Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges and late charges that charges, which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent rent or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s 's designee when within ten (10) days after such amount shall be due, Lessee shall pay to Lessor a late charge equal to six ten percent (610%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s default 's default, with respect to such overdue amount, amount nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 2 contracts

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

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on upon Lessor by the terms of any mortgage or trust deed covering the PremisesLender. Accordingly, if any installment of Rent or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s designee when within five (5) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a one-time late charge equal to six five percent (65%) of each such overdue amount, it being understood that Lessor shall not charge Lessee a late charge on the first late payment in any calendar year during the Lease Term if Lessee pays the delinquent amount within five (5) days after its receipt of notice of such. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of such late payment by Lesseepayment. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s default 's Default or Breach with respect to such overdue amount, nor prevent Lessor from exercising the exercise of any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.In the

Appears in 2 contracts

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

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent and Base Rent, Lessee's Share of Operating Expenses or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the PremisesBuilding Project. Accordingly, if any installment of Rent Base Rent, Operating Expenses, or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s 's designee when within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent ten (610%) percent of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 2 contracts

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

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent and Base Rent, Lessee's Share of Operating Expense Increase or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed Imposed on Lessor by the terms of any mortgage or trust deed covering the PremisesOffice Building Project. Accordingly, if any installment of Rent Base Rent, Operating Expense Increase, or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s 's designee when within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Standard Office Lease (American River Holdings)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) rent shall not be received by Lessor or Lessor’s 's designee when within fifteen (15) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) 3% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

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

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent and rent or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on upon Lessor by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent rent or any other of a sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s 's designee when within ten (10) days after said amount is due, then Lessee shall pay to Lessor a late charge equal to six ten percent (610%) of such overdue over due amount. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Lessor will incur by reason of the late payment by Lessee. Acceptance of such late charges by the Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Lease Agreement (Organic Inc)

Late Charges. Lessee hereby acknowledges that that, in addition to interest costs, the late payment payments by Lessee to Lessor of any Base Monthly Rent and or other sums due hereunder under this Lease will cause to Lessor to incur costs not contemplated by this Lease, the exact amount of which will be such costs being extremely difficult and impractical to ascertainfix. Such other costs include, but are not limited towithout limitation processing, processing administrative and accounting charges and late charges that may be imposed on Lessor by the terms of any mortgage mortgage, deed of trust or trust deed covering related loan documents encumbering the Premises. Accordingly, if any monthly installment of Base Monthly Rent or any other sum due from amount payable by Lessee (including without limitation any taxes, insurance or repairs) shall hereunder is not be received by Lessor or Lessor’s designee when dueby the due date thereof, Lessee shall pay to Lessor a late charge equal to six an additional sum of ten percent (610%) of such the overdue amountamount as a late charge, but in no event more than the maximum late charge allowed by law. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Lessor will incur by reason of any late payment as hereinabove referred to by Lessee, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Lessor for the use of Lessors’ money by Lessee, while the payment of late charges is to compensate Lessor for Lessor’s processing, administrative and other costs incurred by Lessor as result of Lessee’s delinquent payments. Acceptance of such a late charges by Lessor charge or interest shall in no event not constitute a waiver of Lessee’s default with respect to such the overdue amount, nor amount or prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, available to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth Lessor under this Lease or at law or in Section 14.4equity now or hereafter in effect.

Appears in 1 contract

Sources: Lease Agreement

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Leaselease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on the Lessor by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent rent or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s 's designee when within ten (10) days after such amount shall be due, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Industrial Lease (Antennas America Inc)

Late Charges. Lessee hereby acknowledges that late Late payment by Lessee to Lessor of Rent and Base Rent, Lessee's Share of Operating Expense Increase or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the PremisesOffice Building Project. Accordingly, if any installment of Rent Base Rent, Operating Expense Increase, or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s 's designee when within ten (10 days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Standard Office Lease (Sonic Foundry Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent rent or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s 's designee when within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a LATE CHARGE equal to the late charge equal to six percent (6imposed by any lender of Lessor in connection with the Premises, or 5%) , whichever is less, of such overdue amount. The parties hereby agree that such late charge LATE CHARGE represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Lease (Schein Pharmaceutical Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent and base rent, Lessee's Share of Operating Expenses or other sums due hereunder will cause Lessor to incur costs Costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the PremisesOffice Building Project. Accordingly, if any installment of Rent base rent, Operating Expenses, or any other sum rum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s 's designee when within five (5) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, amount nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Lease Agreement (Coast Bancorp)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent and Base Rent, Lessee's Share of Operating Expense Increase or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs Costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the PremisesOffice Building Project. Accordingly, if any installment of Rent Base Rent, Operating Expense increase, or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s 's designee when within ten (10) business days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Standard Office Lease (Talarian Corp)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent and Base Rent, Lessee's Share of Operating Expense Increase or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the PremisesOffice Building Project. Accordingly, if any installment of Rent Base Rent, Operating Expense Increase, or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s 's designee when within ten (10) days after such amount shall be due, then, without any requirements for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Standard Office Lease (Nettaxi Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent rent or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s 's designee when within ten (10) days after such amount shall be due, Lessee shall pay to Lessor a late charge equal to six percent (6%) 10% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Lease Agreement (Authentic Specialty Foods Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent and Base Rent, Lessee's Share of Operating Expense Increase or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the PremisesOffice Building Project. Accordingly, if any installment of Rent Base Rent, Operating Expense Increase, or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s 's designee when within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. The parties hereby agree that such late fate charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.414.

Appears in 1 contract

Sources: Standard Office Lease (Northern Empire Bancshares)

Late Charges. Lessee hereby acknowledges that a late payment made by Lessee to Lessor of Rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that charges, which may be imposed on Lessor by according to the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall is not be received by Lessor or Lessor’s designee when within five (5) days after such amount is due, . Lessee shall pay to Lessor a late charge equal to six percent five (65%) percent of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment payments made by Lessee. Acceptance of such late charges by Lessor shall in no event constitute a waiver of Lessee’s default with respect to such overdue amount, nor shall it prevent Lessor from exercising any of the other rights and remedies granted hereunder. SpecificallyLessor agrees to waive late charge on up to two (2) late payments in any twelve (12) month period as a result of accounting errors, to the extent any overdue amount remains unpaid thirty if payment is made within five (305) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4of telephone notice followed by fax notice to Lessee from Lessor.

Appears in 1 contract

Sources: Sublease Agreement (Nextest Systems Corp)

Late Charges. Lessee hereby acknowledges that the late payment by Lessee to Lessor of Rent rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent rent or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s 's designee when within ten (10) days of the date due, then Lessee shall pay to Lessor a late charge equal to six five percent (65%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs cost Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Office Lease (Pacific Crest Capital Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering encumbrance upon the Premises. Accordingly, if any installment of Rent rent or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s designee when within ten (10) days after such amount shall be due, Lessee shall pay to Lessor a late charge equal to six 5 percent (65%) of such overdue amount; and if not received by Lessor or Lessor’s designee within 20 (twenty) days after such amount shall be due, Lessee shall pay to Lessor a late charge equal to 10 percent (10%) of such overdue amount. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs Lessor will incur by reason of a late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. SpecificallyIf a delinquent installment of rent or any other sum due from Lessee shall not be received by Lessor until Lessor or Lessor’s attorney sends to Lessee a written notice of such default, Lessee agrees to the extent any overdue reimburse Lessor for Lessor’s reasonable attorneys’ fees thus incurred in an amount remains unpaid thirty not less than Fifty Dollars (30$50.00) days after nor more than One Hundred Fifty Dollars ($150.00) for each such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4written notice.

Appears in 1 contract

Sources: Lease (Adeptpros Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges and late charges that may be imposed on Lessor by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s 's designee when due, Lessee shall pay to Lessor a late charge equal to six five percent (65%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Lease Agreement (Celldex Therapeutics Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent and Base Rent, Lessee's Share of Operating Expense increases or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the PremisesOffice Building Project. Accordingly, if any installment of Rent Base Rent, Operating Expense Increase, or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s 's designee when within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Lease Agreement (Universal Access Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent and Base Rent, Lessee's Share of Operating Expenses or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the PremisesOffice Building Project. Accordingly, if any installment of Rent Base Rent, Operating Expenses, or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s 's designee when within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six ten percent (610%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor not prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Lease Agreement (Icc Technologies Inc)

Late Charges. Lessee hereby acknowledges that a late payment made by Lessee to Lessor of Rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that charges, which may be imposed on Lessor by according to the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent base monthly rent or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall monthly estimate of CAC is not be received by Lessor or Lessor’s 's designee when duewithin five (5) days after such amount is due or if any other Rent or other sum payable to Lessor is not received by Lessor or Lessor's designee within ten (10) days after Lessor delivers a written notice to Lessee, Lessee shall pay to Lessor a late charge equal to six five percent (65%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment payments made by Lessee. Acceptance of such late charges by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor shall it prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Lease Agreement (Intevac Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent and Base Rent, Lessee's Share of Operating Expense Increase or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed Imposed on Lessor by the terms of any mortgage or trust deed covering the PremisesOffice Building Project. Accordingly, if any installment of Rent Base Rent, Operating Expense Increase, or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s 's designee when within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Standard Office Lease (Impac Mortgage Holdings Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent and Base Rent, Lessee's Share of Operating Expense Increase or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on Lessor by the ,he terms of any mortgage or trust deed covering the PremisesOffice Building Project. Accordingly, if any installment of Rent Base Rent, Operating Expense Increase, or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s 's designee when within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. amount The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Standard Office Lease (Synthonics Technologies Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent and Base Rent, Lessee’s Share of Operating Expense increase or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the PremisesOffice Building Project. Accordingly, if any installment of Rent Base Rent, Operating Expense Increase, or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s designee when within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six Six percent (6%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Standard Office Lease (Axesstel Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee ▇▇▇▇▇▇ to Lessor of Rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s designee on or before the date when due, Lessee shall immediately pay to Lessor Lessor, without further notice or demand, a late charge equal to six five percent (65%) of such overdue amount; provided, however, that with respect to the third and any further late charges in any calendar year, such late charges shall be equal to 10% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee▇▇▇▇▇▇. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee▇▇▇▇▇▇’s default with respect to such overdue amount, amount nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Commercial Industrial Triple Net Lease

Late Charges. Lessee hereby acknowledges that the late payment by ------------ Lessee to Lessor of Rent rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, to processing and accounting charges charges, and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent rent or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s 's designee when within ten (10) days after payment is due, then Lessee shall pay to Lessor a late charge equal to six ten percent (610%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs cost Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor Lessee shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Lease (Iown Holdings Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent and Base Rent, Lessee’s Share of Operating Expense Increase or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the PremisesOffice Building Project. Accordingly, if any installment of Rent Base Rent, Operating Expense Increase, or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s designee when within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Standard Office Lease (INPHI Corp)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent and Base Rent, Lessee's Share of Operating Expense increase or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed impose on Lessor by the terms of any mortgage or trust deed covering the PremisesOffice Building Project. Accordingly, if any installment of Rent Base Rent, Operating Expense Increase, or any other sum due from form Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s 's designee when within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges later charge by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

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

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this the Lease, the . The exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent rent or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall is not be received by postmarked to Lessor or Lessor’s 's designee when within Ten (10) days after such amount shall be due, Lessee shall pay to Lessor a late charge equal to six percent (6%) 10% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Industrial Gross Lease (Scanner Technologies Corp)

Late Charges. Lessee hereby acknowledges that late payment by Lessee ------------ to Lessor of Rent rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent rent or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s 's designee when within ten (10) days after such amount shall be due, Lessee shall pay to Lessor lessor a late charge equal to six ten percent (610%) of the overdue amount, plus the then maximum rate of interest permitted by law per ---- annum of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, available to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4Lessor.

Appears in 1 contract

Sources: Lease Agreement (Sycamore Park Convalescent Hospital)

Late Charges. The Lessee hereby acknowledges that the late payment by the Lessee to the Lessor of Rent rent and other sums due hereunder will cause the Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges and late charges that which may be imposed on the Lessor by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent rent or any other sum due from the Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor the Lessor, or the Lessor’s designee when designee, within ten (10) days after the same is due, the Lessee shall pay to the Lessor a late charge equal to six fifteen percent (615%) of such overdue amount, monthly, until such overdue amount is paid. The parties hereby agree Lessee acknowledges that such late charge represents a fair and reasonable estimate of the costs cost that the Lessor will incur by reason of a late payment by the Lessee. Acceptance of such late charges charge by the Lessor shall in no event constitute a waiver of the Lessee’s default with respect to such overdue amount, amounts nor prevent the Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Lease Agreement (Inamed Corp)

Late Charges. Lessee hereby acknowledges acknowledge that late payment by Lessee to Lessor of Rent and Base Rent, Lessee's Share of Operating Expense Increase or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the PremisesOffice Building Project. Accordingly, if any installment of Rent Base Rent, Operating Expense Increase, or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s 's designee when within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Standard Office Lease (Moai Technologies Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent and Base Rent, Lessee's Share of Operating Expense Increase or other sums due hereunder will cause Lessor to incur costs not contemplated by this the Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the PremisesOffice Building Project. Accordingly, if any installment of Rent Base Rent, Operating Expense increase, or any other sum due from Lessee (including without limitation any taxes, insurance shall not be received by Lessor or repairs) Lessee shall not be received by Lessor or Lessor’s 's designee when within then (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Standard Office Lease (Cyberamerica Corp)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent and Base Rent, Lessee's Share of Operating Expenses or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on Lessor by the terms term of any mortgage or trust deed covering the PremisesOffice Building Project. Accordingly, if any installment of Rent Base Rent, Operating Expenses, or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s 's designee when within ten (10) days after such amount shall be due, Lessee then, without any requirement for notice to Lessee, lessee shall pay to Lessor a late charge equal to six ten percent (610%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, Lessor will grant to Lessee a one-time exemption from this requirement provided the extent any overdue amount remains unpaid thirty late payment is received by Lessor within twenty (3020) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4written notice by Lessor.

Appears in 1 contract

Sources: Lease (Bea Systems Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent and rent or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on upon Lessor by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of monthly Base Rent or any other sum estimated Direct Expenses due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s 's designee when duewithin ten (10) days after said amount is due or any other amount payable by Lessee is not received by the 10th day following delivery to Lessee of a delinquency notice, then Lessee shall pay to Lessor a late charge equal to six percent five (65%) percent of such overdue amount. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Lessor will incur by reason of the late payment by Lessee. Acceptance of such late charges by the Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Office Building Lease (Oacis Healthcare Holdings Corp)

Late Charges. Lessee hereby acknowledges that the late payment by ------------ Lessee to Lessor of Rent rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, to processing and accounting charges charges, and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent rent or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s 's designee when within ten (10) days after payment is due, then Lessee shall pay to Lessor a late charge equal to six ten percent (610%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs cost Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Lease (Iown Holdings Inc)

Late Charges. Lessee LESSEE hereby acknowledges that late payment by Lessee LESSEE to Lessor LESSOR of Rent and other sums due hereunder will cause Lessor LESSOR to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and costly to ascertain. Such costs include, but are not limited to, processing processing, administrative and accounting charges charges, and late charges that which may be imposed on Lessor LESSOR by the terms of any mortgage or trust deed covering the PremisesProperty. Accordingly, if any installment of Rent or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) LESSEE shall not be received by Lessor LESSOR or Lessor’s LESSOR'S designee when within fifteen (15) days after such amount shall be due, Lessee LESSEE shall pay to Lessor LESSOR a late charge equal to six ten percent (610%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor LESSOR will incur by reason as a consequence of late payment by LesseeLESSEE. Acceptance of such late charges charge by Lessor LESSOR shall in no event constitute a waiver of Lessee’s LESSEE'S default with respect to such overdue amount, nor prevent Lessor LESSOR from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Lease Agreement and Option to Purchase (Monarch Casino & Resort Inc)

Late Charges. Lessee hereby acknowledges that a late payment made by Lessee to Lessor of Rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that charges, which may be imposed on Lessor by according to the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent base monthly rent or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall monthly estimate of CAC is not be received by Lessor or Lessor’s designee when duewithin five business (5) days after such amount is due or if any other Rent or other sum payable to Lessor is not received by Lessor or Lessor’s designee within five (5) business days after Lessor delivers a written notice to Lessee, Lessee shall pay to Lessor a late charge equal to six five percent (65%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment payments made by Lessee. Acceptance of such late charges by Lessor shall in no event constitute a waiver of Lessee’s default with respect to such overdue amount, nor shall it prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to Lessor will waive the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth late charge once in Section 14.4.every

Appears in 1 contract

Sources: Lease Agreement (MoSys, Inc.)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent rent or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s designee when within ten (10) days after such amount shall be due, Lessee shall pay to Lessor a late charge equal to six percent (6%) 5% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Standard Industrial Lease (Harvard Bioscience Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent rent or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s 's designee when within ten (10) days after such receipt of notice that amount shall be due, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Industrial Lease (Conceptus Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent and Base Rent, Lessee's Share of Operating Expense increase or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the PremisesOffice Building Project. Accordingly, if any installment of Rent Base Rent, Operating Expense Increase or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s 's designee when duewithin ten(10) days after such amount shall be due then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) 3% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Standard Office Lease (Continuus Software Corp /Ca)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent and rent or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on upon Lessor by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent rent or any other a sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s 's designee when within ten (10) days after said amount is due, then Lessee shall pay to Lessor a late charge equal to six percent ten (610%) percent of such overdue amount. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Lessor will incur by reason of the late payment by Lessee. Acceptance of such late charges by the Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Standard Office Lease (Spatialight Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to in Lessor of Rent and rent or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, to processing and accounting charges charges, and late charges that which may be imposed on upon Lessor by the terms of any mortgage or trust deed covering the Premisespremises. Accordingly, if any installment of Rent rent or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s designee when within five (5) days after said amount is past due, then Lessee shall pay to Lessor a late charge equal to six the maximum amount permitted by law (and in the absence of any governing law, ten percent (610%) of such overdue amount), plus any attorney’s fees incurred by Lessor by reason of Lessee’s failure to pay rent and/or other charges when due hereunder. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Lessor will incur by reason of the late payment by Lessee. Acceptance of such late charges by the Lessor shall in no event constitute a waiver of Lessee’s default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, This provision shall not be construed to relieve Lessee from any default hereunder arising through the extent failure on the part of Lessee to make any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth payment at the time and in Section 14.4the manner herein specified.

Appears in 1 contract

Sources: Lease Agreement (Bebe Stores Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee ▇▇▇▇▇▇ to Lessor of Rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Premises. Accordingly, if beginning with the third (3rd) and all subsequent occurrences of any installment of Rent or any other sum sums due from Lessee (including without limitation any taxes, insurance or repairs) shall not be being received by Lessor or Lessor’s designee when within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor Lessor, beginning with such third (3rd) late payment, a late charge within ten (10) days after each such amount shall be due, equal to six four percent (64%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee▇▇▇▇▇▇. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee▇▇▇▇▇▇’s default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted to Lessor hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Lease Agreement (Myriad Genetics Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Leaselease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) rent shall not be received by Lessor or Lessor’s designee when within fifteen (15) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) 3% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

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

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent rent or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s designee designated agent when duesuch amount is due and owing, Lessee shall pay to Lessor a late charge equal to six five percent (65%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of any such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. SpecificallyNotwithstanding the foregoing, to Lessor will not assess a late charge until Lessor has given written notice of such late payment for the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.first

Appears in 1 contract

Sources: Industrial Lease (ViewRay, Inc.)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Leaselease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent rent or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s 's designee when within ten (10) days after such amount shall be due, Lessee shall pay to Lessor a late charge equal to six eight percent (68%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such a late charges charge by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent Lessor from exercising any and of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.SURRENDER OF LEASE

Appears in 1 contract

Sources: Lease Agreement (Connetics Corp)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent and Base Rent, Lessee's Share of Operating Expense Increase or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the PremisesOffice building Project. Accordingly, if any installment of Rent Base Rent, Operating Expenses Increase, or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s 's designee when within ten (10) days after such amount shall be due, then, without any requirements for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Standard Office Lease (Preview Systems Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent and Base Rent, Lessee's Share of Operating Expense Increase or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges account charges, and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the PremisesOffice Building Project. Accordingly, if any installment of Rent Base Rent, Operating Expense Increase, or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s 's designee when within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

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

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent and Base Rent, or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, Lease the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the PremisesOffice Building Project. Accordingly, if any installment of Base Rent Operating Expense Increase or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s designee when within ten (10) days after such amount shall be due, then without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount, but not less than $25.00. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s default with respect to such overdue amount, amount nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. SpecificallyTender by lessee of a dishonored bank draft in payment of rent shall constitute a late payment, and be subject to the extent any overdue above outlined terms, whether or not a replacement check for the amount remains unpaid thirty due is given to Landlord prior to ten (3010) days after such amount shall be the date that the payment was due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Standard Office Lease (FriendFinder Networks Inc.)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent and Base Rent, Lessee's Share of Operating Expenses or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that may be imposed on Lessor by the terms of any mortgage or trust deed covering the PremisesIndustrial Center or any part thereof. Accordingly, if more than once during the Term any installment of Rent Base Rent, Operating Expenses, or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall is not be received by Lessor or Lessor’s 's designee when within ten (10) days after such amount is due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six five percent (65%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Industrial Lease (Discovery Partners International Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, to processing and accounting charges charges, and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent rent or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s 's designee when within ten (10) days after such amount shall be due, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment payments by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Office Building Lease (Voice Powered Technology International Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent and Base Rent, Lessee's Share of Operating Expenses or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and end accounting charges charges, and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the PremisesOffice Buliding Project. Accordingly, if any installment of Rent Base Rent, Operating Expenses, or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s Lessees designee when within ten (10) days after such amount shall be due, then without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) 3% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Standard Office Lease (Biomerica Inc)

Late Charges. Lessee TENANT hereby acknowledges that late payment by Lessee TENANT to Lessor LANDLORD of Rent and other sums amounts due hereunder will cause Lessor LANDLORD to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that may be imposed on Lessor LANDLORD by the terms of any mortgage or deed of trust deed covering the Premises. Accordingly, if any installment of Rent or any other sum amounts due from Lessee (including without limitation any taxes, insurance or repairs) TENANT shall not be received by Lessor LANDLORD or Lessor’s LANDLORD'S designee when within ten (10) days after such amount shall be due, Lessee and LANDLORD or LANDLORD'S designee has given five (5) days prior written notice to TENANT of non-receipt of funds, then TENANT shall pay to Lessor LANDLORD a late charge equal to six ten percent (610%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will LANDLORD may incur by reason of late payment by LesseeTENANT. Acceptance of such late charges charge by Lessor LANDLORD shall in no event constitute a waiver of Lessee’s TENANT'S default with respect to such overdue amount, nor prevent Lessor LANDLORD from exercising any of the other rights and remedies granted to LANDLORD hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Lease (Sycamore Park Convalescent Hospital)

Late Charges. Lessee hereby acknowledges that a late payment made by Lessee to Lessor of Rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that charges, which may be imposed on Lessor by according to the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent base monthly rent or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall monthly estimate of CAC is not be received by Lessor or Lessor’s designee when duewithin five (5) days after such amount is due or if any other Rent or other sum payable to Lessor is not received by Lessor or Lessor’s designee within thirty (30) days after Lessor delivers a written notice to Lessee, Lessee shall pay to Lessor a late charge equal to six five percent (65%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment payments made by Lessee. Acceptance of such late charges by Lessor shall in no event constitute a waiver of Lessee’s default with respect to such overdue amount, nor shall it prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Lease Agreement (Equinix Inc)

Late Charges. Lessee hereby acknowledges that the late payment by ------------ Lessee to Lessor of Rent Base Rent, Lessee's Share of Operating Expense and or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the PremisesOffice Building Project. Accordingly, if any installment of Rent Base Rent, Operating Expenses and or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s 's designee when within ten (10) days after such amount shall be due. Lessee, without any requirement for notice to Lessor, Lessee shall pay to Lessor a late later charge equal to six percent (6%) 8% of such overdue amount. The parties hereby agree that such late later charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges later charge by Lessor shall in no not event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Standard Office Lease (Embedded Support Tools Corp)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent and Base Rent. Lessee's Share of Operating Expense Increase or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, . the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, . processing and accounting charges charges, and late charges that which may be imposed Imposed on Lessor by the terms of any mortgage or trust deed covering the PremisesOffice Building Project. Accordingly, if it any installment Installment of Rent Base Rent, Operating Expense Increase. or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s 's designee when within ten (10) days after such amount shall be due, then, without any requirement lot notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur Incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Standard Office Lease (Thermatrix Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent and Base Rent, Lessee's Share of Operating Expenses or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the PremisesOffice Building Project. Accordingly, if any installment of Rent Base Rent, Lessee's Share of Operating Expenses, Lessee's Tax Share or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s 's designee when within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

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

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent rent or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s 's designee when within ten (10) days after such amount shall be due, Lessee shall pay to Lessor a late charge equal to six ten percent (610%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, amount nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Office Lease (Redding Bancorp)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent and Base Rent, Lessee's Share of Operating Expenses or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the PremisesProperty. Accordingly, if any installment of Rent Base Rent, Operating Expenses or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s 's designee when within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) 3% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.1.1

Appears in 1 contract

Sources: Lease Agreement (Big Dog Holdings Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that charges, which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent rent or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s 's designee when within ten (10) days after such amount shall be due, Lessee shall pay to Lessor a late charge equal to six percent five (65%) percent of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Lessee Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s Lessor's default with respect to such overdue amount, . nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.IT IS FURTHER MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS:

Appears in 1 contract

Sources: Lease Agreement (Mission West Properties/New/)

Late Charges. Lessee The Sublessee hereby acknowledges that late payment by Lessee the Sublessee to Lessor the Sublessor of Rent and rent or other sums due hereunder under this Agreement will cause Lessor the Sub lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that may be imposed on Lessor upon the Sublessor by the terms of any mortgage or trust deed covering the PremisesLessor. Accordingly, if any installment of Rent rent or any other of a sum due from Lessee (including without limitation any taxes, insurance or repairs) the Sublessee shall not be received by Lessor the Sublessor or Lessor’s designee when duethe Sublessor's designees by 12:00 noon on the tenth (10th) day of each month of the term, Lessee then the Sublessee shall pay to Lessor the Sublessor a late charge equal to six percent (65%) of such overdue amount. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs Lessor cost that the Sub lessor will incur by reason of the late payment by Lesseethe Sublessee. Acceptance of such late charges by Lessor the Sublessor shall in no event constitute a waiver of Lessee’s the Sublessee's default with respect to such overdue amount, nor prevent Lessor the Sublessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4under this Agreement.

Appears in 1 contract

Sources: Commercial Sublease (Ibs Interactive Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent and Base Rent, Lessee’s Share of Operating Expense Increase or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the PremisesOffice Building Project. Accordingly, if any installment of Rent Base Rent, Operating Expense increase, or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s designee when within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Standard Office Lease (Altris Software Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent and Base Rent, Lessee’s Share of Operating Expense Increase or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the PremisesOffice Building Project. Accordingly, if any installment of Rent Base Rent, Operating Expense Increase, or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s designee when within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Standard Office Lease (Notify Technology Corp)

Late Charges. Lessee hereby acknowledges that late payment payments by Lessee to Lessor of Rent and rent or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on upon Lessor by the terms of any mortgage or trust deed covering the Premisespremises. Accordingly, if any installment of Rent rent or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s 's designee when duewithin ten (10) days after its due date, then Lessee shall pay to Lessor a late charge equal to six the maximum amount permitted by law (and in the absence of any governing law, five percent (6%) of such overdue amount), plus any attorney's fees incurred by Lessor by reason of Lessee's failure to pay rent and/or other charges when due hereunder. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Lessor will incur by reason of the late payment by Lessee. Acceptance of such late charges by the Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Lease Agreement (Value America Inc /Va)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on the Lessor by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent rent or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s 's designee when within 10 days after such amount shall be due, Lessee shall pay to Lessor a late charge equal to six five percent (6%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent a Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

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

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent and Base Rent, Lessee's Share of Operating Expenses or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the PremisesOffice Building Project. Accordingly, if any installment of Rent Base Rent, Operating Expenses, or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s 's designee when within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) 8% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Standard Office Lease (Orthologic Corp)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent rent or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s 's designee when within ten (10) days after such amount shall be due, Lessee shall pay to Lessor a late charge equal to six percent (6%) 10% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Lease Agreement (Authentic Specialty Foods Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent rent or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s 's designee when within the (10) days after such amount shall be due, Lessee shall pay to Lessor a late charge equal to six percent (6%) 18% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor to prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Lease (Colorado Business Bankshares Inc)

Late Charges. Lessee hereby acknowledges that a late payment made by Lessee to Lessor of Rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that charges, which may be imposed on Lessor by according to the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall is not be received by Lessor or Lessor’s designee when within five (5) days after such amount is due, Lessee shall pay to Lessor a late charge equal to six percent five (65%) percent of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment payments made by Lessee. Acceptance of such late charges by Lessor shall in no event constitute a waiver of Lessee’s default with respect to such overdue amount, nor shall it prevent Lessor from exercising any of the other rights and remedies granted hereunder. SpecificallyLessor agrees to waive late charge on up to two (2) late payments in any twelve (12) month period as a result of accounting errors, to the extent any overdue amount remains unpaid thirty if payment is made within five (305) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4of telephone notice followed by fax notice to Lessee from Lessor.

Appears in 1 contract

Sources: Lease Agreement (Nextest Systems Corp)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent rent or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s 's designee when within ten (10) days after such amount shall be due, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Standard Industrial Lease (Rosetta Inpharmatics Inc)

Late Charges. The Lessee hereby acknowledges that the late payment by the Lessee to the Lessor of Rent rent and other sums due hereunder will cause the Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges and late charges that which may be imposed on the Lessor by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent rent or any other sum due from the Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor the Lessor, or the Lessor’s designee when 's designee, within ten (10) days after the same is due, the Lessee shall pay to to.the Lessor a late charge equal to six five percent (65%) of such overdue amount, monthly, until such overdue amount is paid. The parties hereby agree Lessee acknowledges that such late charge represents a fair and reasonable estimate of the costs cost that the Lessor will incur by reason of a late payment by the Lessee. Acceptance of such late charges charge by the Lessor shall in no event constitute a waiver of the Lessee’s 's default with respect to such overdue amount, amounts nor prevent the Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Assignment and Subordination of Master Lease (Venoco, Inc.)

Late Charges. The Lessee hereby acknowledges that the late payment by the Lessee to the Lessor of Rent rent and other sums due hereunder will cause the Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges and late charges that which may be imposed on the Lessor by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent rent or any other sum due from the Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor the Lessor, or the Lessor’s designee when designee, within ten (10) days after the same is due, the Lessee shall pay to the Lessor a late charge equal to six five percent (65%) of such overdue amount, monthly, until such overdue amount is paid. The parties hereby agree Lessee acknowledges that such late charge represents a fair and reasonable estimate of the costs cost that the Lessor will incur by reason of a late payment by the Lessee. Acceptance of such late charges charge by the Lessor shall in no event constitute a waiver of the Lessee’s default with respect to such overdue amount, amounts nor prevent the Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Lease Agreement (Inamed Corp)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent and Base Rent, Lessee's Share of Operating Expense Increase or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the PremisesOffice Building Project. Accordingly, if any installment of Rent Base Rent, Operating Expense Increase, or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s 's designee when duewithin five (5) days after such amount shall be due then, upon notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Office Lease (Intrabiotics Pharmaceuticals Inc /De)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on Lessor by the terms of any mortgage or of trust deed covering the Premises. Accordingly, if any installment of Rent rent or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s designee when 's design within ten (10) days after such amount shall be due, Lessee shall pay to Lessor a late charge equal to six percent ten (610%) percent of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor not prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Lease Agreement (Western Goldfields Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent rent and other sums due hereunder will cause Lessor to incur costs cost not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent rent or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s 's designee when within ten (10) days after such amount shall be due, . Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Assignment of Lease (Viador Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent and Base Rent, Lessee's Share of Operating Expense Increase or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the PremisesOffice Building Project. Accordingly, if any installment of Rent Base Rent, Operating Expense Increase, or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s 's designee when within six (6) days after such amount shall be due, then, without any requirements for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Office Lease (Interact Commerce Corp)

Late Charges. Lessee hereby acknowledges that late payment by Lessee ------------ to Lessor of Rent, Additional Rent and or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on upon Lessor by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent, Additional Rent or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s 's designee when due, within ** days after the due date then Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. *** The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Lessor will incur by reason of the late payment by Lessee. Acceptance of such late charges by the Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to * ten (10) *** the extent any overdue lesser of five percent (5%) or the maximum amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.permitted by law

Appears in 1 contract

Sources: Lease Agreement (Asymetrix Learning Systems Inc)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Base Rent, Lessee's Share of Excess Expenses or other Rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the PremisesProject. Accordingly, if any installment of Rent Base Rent, Lessee's share of Excess Expenses, or any other sum Rent due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s 's designee when by the fifth (5th) day of any month in which Rental is due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to six ten percent (610%) of such overdue amount. The parties Parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Office Lease (Advancepcs)

Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of Rent rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent rent or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s designee when within ten (10) days after such amount shall be due, Lessee shall pay to Lessor a late charge equal to six percent (6%) % of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs cost, Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Lease Agreement (Strasbaugh)

Late Charges. Lessee hereby acknowledges acknowledged that late payment by Lessee to Lessor of Rent rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges charges, and late charges that which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Rent rent or any other sum due from Lessee (including without limitation any taxes, insurance or repairs) shall not be received by Lessor or Lessor’s 's designee when within ten (10) days after such amount shall be due, Lessee shall pay to Lessor a late charge equal to six percent (6%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance of such late charges charge by Lessor shall in no event constitute a waiver of Lessee’s 's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. Specifically, to the extent any overdue amount remains unpaid thirty (30) days after such amount shall be due, interest shall accrue on such overdue amount as set forth in Section 14.4.

Appears in 1 contract

Sources: Lease (Printpack Inc)