Common use of Late Charges Clause in Contracts

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereof, Tenant shall pay to Landlord an additional sum of five percent (5%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. In the event Tenant acknowledges that, in addition fails to interest costs, the late payments by Tenant to Landlord of pay any monthly installment of Base Rent, Additional Rent rent when due or in the event Tenant fails to make any other sums due payment for which Tenant is obligated under this Lease will cause when due, such late amount shall accrue interest and Tenant shall pay Landlord as additional rent such interest on such amount at the lesser of the Prime Rate (as defined below) plus two (2) percentage points or the maximum rate permitted by law (the "Interest Rate") from the date such amount became due until such amount is paid. "Prime Rate" shall mean the prime or reference rate announced by Bank of America, N.T.&S.A., from time to incur costs not contemplated time, or in the event such institution no longer makes commercial loans in Southern California, the then prevailing prime or reference rate announced by the three (3) largest banks (in terms of assets) in the United States. In addition, on any third (3rd) and subsequent occasion during a particular Lease Year which Landlord notifies Tenant in writing of a late payment of rent under this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereof, Tenant shall pay to Landlord an Landlord, as additional sum rent, concurrently with such late payment amount, or promptly upon receipt of five such third (3rd) or subsequent notice, whichever is later, a late charge equal to four percent (54%) of the overdue amount due to compensate Landlord for the extra costs incurred as a result of such late payment. Unless Landlord notifies Tenant in writing, within thirty (30) days following the due date of a payment, that Landlord is imposing such late charge, but in no event more than then Landlord shall waive the maximum right to impose such late charge allowed by lawcharge. The parties agree that such interest and late charge represents represent a fair and reasonable estimate of the costs detriment that Landlord will incur suffer by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a any such interest and late charge or interest shall not constitute a waiver of the Tenant’s 's default with respect to the overdue amount amount, or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effectLandlord.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Monthly Rent or and other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which will be extremely difficult and impractical to fixascertain. Such other costs include, without limitationbut are not limited to, administrative, processing, administrative and accounting charges charges, and late charges that charges, which may be imposed on Landlord by the terms of any mortgagecontract, revolving credit, mortgage or trust deed to secure debt, deed of trust or related loan documents encumbering covering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Monthly Rent or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by the due date thereofor Landlord's designee within ten (10) days after Tenant's receipt of written notice from Landlord that such amount is delinquent, Tenant shall pay to Landlord an additional sum of a late charge equal to five percent (5%) percent of the such overdue amount as a late charge, but in no event more than the maximum which late charge allowed by lawshall be due and payable with the payment then delinquent. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest by Landlord shall not in no event constitute a waiver of Tenant’s 's default with respect to the such overdue amount or amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.granted hereunder. IT IS FURTHER MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS:

Late Charges. Tenant acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or and other sums due charges provided for under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical or impracticable to fix. Such other costs include, without limitationbut are not limited to, processing, administrative processing and accounting charges charges, and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering encumbrance and notes secured by any encumbrance covering the Premises, or late charges and penalties due to late payment of Real Property Taxes due on the Building or the ProjectPremises. AccordinglyTherefore, if any monthly installment of Base Rent, Additional Rent or any other amount payable by charge due from Tenant hereunder is not received by Landlord by within three (3) days of the due date thereofdate, Tenant shall pay to Landlord an additional sum of equal to five percent (5%) of the amount overdue amount as a late chargecharge for every month or portion thereof that the Rent or other charges remain unpaid, but in no event more than whether or not Landlord has given Tenant written notice of the maximum late charge allowed non-receipt of the Rent or other charges or has exercised any remedy herein provided for default by lawTenant. The parties agree that such this late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any the late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a any late charge or interest shall not constitute a waiver of Tenant’s 's default with respect to the overdue amount or amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effectLandlord.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereofwithin five (5) business days after Landlord provides Tenant with notice that such amount is past due, Tenant shall pay to Landlord an additional sum of five percent (5%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.,

Late Charges. Tenant acknowledges that, in addition to interest costs, that the late payments by Tenant to Landlord payment of any monthly installment of Base Rent, Additional Rent or other sums due under this Lease will cause Landlord to lose the use of that money and incur costs and expenses not contemplated by under this Lease, including administrative and collection costs and processing and account expenses, the exact amount of such costs being extremely which it is difficult and impractical to fixascertain. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. AccordinglyTherefore, if any monthly such installment of Base Rent, Additional Rent or any other amount payable by Tenant hereunder is not received by Landlord by within ten (10) days from the due date thereofit is due, Tenant shall pay Landlord a late charge equal to Landlord an additional sum of five percent (5%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawsuch installment. The parties Landlord and Tenant agree that such this late charge represents a fair and reasonable estimate of such costs and expenses and is fair compensation to Landlord for the costs that loss suffered from such nonpayment by Tenant. In addition, any check returned by the bank for any reason will be considered late and will be subject to all late charges plus a Twenty Dollar ($20.00) fee. After two such occasions in any twelve (12) month period, Landlord will incur have the right to require payment by reason a cashier’s check or money order. Acceptance of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or such nonpayment by Tenant nor prevent Landlord from exercising any of the other rights and or remedies available to Landlord under this Lease or at law law. 3 SECURITY DEPOSIT. Tenant shall deposit with Landlord the amount of Twenty Thousand One Hundred Eighty-Two Dollars and Fifty Cents ($20,132.50) (the “Security Deposit”) upon Tenant’s execution and submission of this Lease. The Security Deposit shall serve as security for the prompt, full, and faithful performance by Tenant of the terms and provisions of this Lease. Landlord shall not be required to keep the Security Deposit separate from Landlord’s general funds or in equity now or hereafter in effectpay interest on the Security Deposit.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or and other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which will be extremely difficult and impractical to fixascertain. Such other costs include, without limitationbut are not limited to, processing, administrative processing and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Projectcharges. Accordingly, if any monthly installment of Base Rent, Additional Rent or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by the due date thereofor Landlord’s designee within 4 days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord an additional sum of five percent (5%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawequal to 5% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest by Landlord shall not in no event constitute a waiver of Tenant’s default Default with respect to the such overdue amount or amount, nor prevent Landlord from exercising any of the other rights and remedies available granted hereunder. In addition, should Landlord be unable to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s). Notwithstanding the foregoing or anything to the contrary, Tenant shall not be obligated to pay a late charge until each time after the fourth time during the term or extended term of that Tenant fails to pay any amount due under this Lease or at law or in equity now or hereafter in effectwithin 4 days after said amount shall be due.

Late Charges. Any and all sums or charges set forth in this Section 8 are considered part of Additional Rent. Tenant acknowledges that, in addition to interest costs, that late payment (the late payments fifth (5th) day of each month or any time thereafter) by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or and all other sums due under this Lease hereunder, will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs may include, without limitation, processing, administrative processing and accounting charges charges, and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering note secured by any encumbrance against the Premises, and late charges and penalties due to the Building or late payment of real property taxes on the ProjectPremises. AccordinglyTherefore, if any monthly installment of Base Rent, Additional Rent or any other amount sum payable by Tenant hereunder is not received by Landlord by within four (4) days of the due date thereofwhen due, Tenant shall promptly pay to Landlord an additional sum of five percent (5%) of the overdue amount as a late charge, but as liquidated damages, in no event more than an amount equal to seven percent (7%) of such delinquent amount plus interest on such delinquent amount at the maximum late charge allowed by lawrate equal to the prime rate plus three percent (3%) for every month or portion thereof that such sums remain unpaid. If Tenant delivers to Landlord a check for which there are not sufficient funds, Landlord may require Tenant to replace such check with a cashier’s check for the amount of such check. The parties agree that such this late charge represents and the other charges referenced above represent a fair and reasonable estimate of the costs that Landlord will incur by reason of any such late payment as hereinabove referred to by Tenant, excluding attorneys’ fees and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent paymentscosts. Acceptance of a any late charge or interest other charges shall not constitute a waiver by Landlord of Tenant’s default with respect to the overdue amount or delinquent amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord for any other breach of Tenant under this Lease or at law or in equity now or hereafter in effectLease.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of The Monthly Base Rent, Additional Rent Adjustments, and Rent Adjustment Deposits shall be due when specifically provided above. Except for such payments and late charges described below, which late charge shall be due when provided below (without notice or demand), all other sums payments required hereunder to Landlord shall be paid within ten (10) business days after Landlord’s demand therefor. All Rent and charges, except late charges, not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. In the event Landlord does not receive any installment of Rent when due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereof, Tenant shall pay Landlord a late charge equal to Landlord an additional sum of five percent (5%) of the overdue amount as a late chargedelinquent installment of Rent provided, but in no event more than however, that Tenant shall be entitled to notice and an additional three (3) business day grace period before the maximum imposition of the first late charge allowed by lawin any calendar year. The parties agree that the amount of such late charge represents a fair and reasonable estimate of the costs cost and expense that will be incurred by Landlord will incur in processing each delinquent payment of Rent by reason of any Tenant and that such late charge shall be paid to Landlord for each delinquent payment as hereinabove referred in addition to by Tenant, and all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for herein are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the use of Landlord’s money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, its additional administrative expenses in handling and other costs incurred by Landlord as a result of Tenant’s processing delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of If any monthly installment of Base Rent, Additional Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by or Landlord’s designee when due, unless such failure is cured within five (5) business days after receipt of notice from Landlord provided, however, Landlord shall not be required to give written notice more than two times in any twelve month period (after which the late charge shall be due without the requirement of notice if Tenant fails to make such payments on or before the due date thereofdate), then Tenant shall pay to Landlord an additional sum of a late charge equal to five percent (5%) of the overdue amount as a late charge, but in no event more than the maximum amount. The late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, shall be deemed Additional Rent and the payment of late charges and interest are distinct and separate right to require it shall be in that the payment of interest is addition to compensate Landlord for the use all of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition to Landlord the late charge described above, any Rent or other amounts owing hereunder which are not paid within five (5) business days following the due date for Base Rent, or within five (5) business days following written notice that such amount was not paid when due for Additional Rent and other sums which may become due under this Lease or shall bear interest from the date when due until paid at law or an annual interest rate equal to the Prime Rate (as stated under the column “Money Rates” in equity now or hereafter THE WALL STREET JOURNAL) plus four percent (4%); provided, however, in effectno event shall such annual interest rate exceed the highest annual interest rate permitted by Applicable Law.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Monthly Basic Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Monthly Basic Rent or Expenses or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereof, Tenant shall pay to Landlord an additional sum of five six percent (56%) of the overdue amount as a late charge, but provided, however, no such late charge shall be payable for the first such instance in no event any twelve (12) month period unless such failure to pay continues for more than the maximum late charge allowed by lawthree (3) business days after written notice thereof. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, regularly scheduled Additional Rent or any other amount payable by Tenant hereunder is not received by Landlord by within ten (10) days after the due date thereofdate, Tenant shall pay to Landlord an additional sum of five percent (5%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law; provided however, that Landlord will waive the first late charge in any Lease Year; provided, that Tenant pays such overdue amount within ten (10) business days after written notice thereof. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Landlord and Tenant acknowledges thatagree that the fixing of actual damages for Tenant's breach of any of the provisions of this Lease, in addition including but not limited to interest costs, the late payments payment by Tenant to Landlord of any monthly installment of Base Rentrent and other amounts due hereunder, Additional Rent or other sums due under this Lease will would cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which would be extremely difficult and impractical or impracticable to fixascertain. Such other costs include, without limitationinclude but are not limited to accounting, processing, administrative administrative, legal and accounting clerical charges and late charges that charge which may be imposed on upon Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering mortgage covering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent rent or any other amount payable by sum due from Tenant hereunder is has not been received by Landlord by the due date thereofor Landlord's agent within five (5) business days after such amount was due, Tenant shall pay to Landlord an additional sum of a late charge equal to five percent (5%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawany such delinquent installment of rent or any other delinquent sum due from Tenant. The parties agree Tenant hereby agrees that such said late charge represents a fair and reasonable estimate of the costs that cost Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest by Landlord shall not constitute a waiver of Tenant’s 's default with respect to the such overdue amount or nor prevent Landlord from exercising any of the other rights and remedies available to Landlord under provided for in this Lease or Lease, at law or in equity now or hereafter in effectequity. Tenant understands and agrees to the foregoing provisions relating to late charges.

Late Charges. Tenant acknowledges that, that in addition to interest costs, costs the late payments by Tenant to Landlord of any monthly installment of Base Rent, Basic Annual Rent Additional Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, include without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, mortgage deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, Accordingly if any monthly installment of Base Rent, Annual Basic Rent Additional Rent or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereof, Tenant shall pay to Landlord an additional sum of five percent (5%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, Landlord s processing administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Annual Basic Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the ProjectSite. Accordingly, if any monthly installment of Base Rent, Additional Annual Basic Rent or Excess Expenses or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereof, Tenant shall pay to Landlord an additional sum of five four percent (54%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s 's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s 's processing, administrative and other costs incurred by Landlord as a result of Tenant’s 's delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s 's default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Tenant acknowledges that, in addition Tenant's failure to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or other promptly pay sums due under this Lease will may cause Landlord to incur costs not contemplated by this Lease, the unanticipated costs. The exact amount of such those costs being is impractical or extremely difficult and impractical to fixascertain. Such other The costs may include, without limitationbut are not limited to, processing, administrative processing and accounting charges and late charges that which may be imposed on Landlord by the terms of any mortgage, deed to secure debt, ground Lease or deed of trust or related loan documents encumbering the Demised Premises, the Building or the Project. AccordinglyPayments due to Landlord under this Lease are not an extension of credit. Therefore, if any monthly installment of Base Rent, Additional Rent or any other amount payable by Tenant hereunder payment under the Lease is not actually received by Landlord by on or before the due date thereof(and not merely deposited in the mail), Landlord may, at Landlord's option and to the extent allowed by applicable law, impose a Late Charge on any late payments in an amount equal to one-half of one percent (0.5%) of the amount of the past due payment (the "Late Charge") per day for each day after the due date. until the past due amount in Good Funds is received by Landlord, up to a maximum of two percent (2%) of the past due amount. A Late Charge may be imposed only once on each past due payment. Any Late Charge will be in addition to Landlord's other remedies for nonpayment of rent. If any check tendered to Landlord by Tenant under this Lease is dishonored for any reason, Tenant shall pay to Landlord an additional sum the party receiving payments under this Lease a fee of twenty-five percent dollars (5%$25.00), plus (at Landlord's option) of the overdue amount a Late Charge as a late charge, but in no event more than the maximum late charge allowed provided above until good funds are received by lawLandlord. The parties agree that such late charge represents any Late Charge and dishonored check fee represent a fair and reasonable estimate of the costs that Landlord will incur by reason of any the late payment as hereinabove referred or dishonored check. Payments received from Tenant shall be applied first to by Tenantany base rent, second to late charges, and last to other unpaid charges or reimbursements due to Landlord. Notwithstanding the foregoing, Landlord will not impose a Late Charge as to the first late payment of in any calendar year, unless Tenant fails to pay the late charges and interest are distinct and separate in that payment to Landlord within three (3) business days after the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance delivery of a written notice from Landlord to Tenant demanding the late charge or interest shall not constitute payment be paid. However, Landlord may impose a waiver of Tenant’s default with respect Late Charge without advance notice to Tenant on any subsequent late payment in the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effectsame calendar year.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Monthly Basic Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Monthly Basic Rent or Operating Expenses or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereof, Tenant shall pay to Landlord an additional sum of five ten percent (510%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Annual Basic Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Annual Basic Rent or Operating Expenses or any other amount payable by Tenant hereunder is not received by Landlord by within ten (10) days of the due date thereof, Tenant shall pay to Landlord an additional sum of five percent (5%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s 's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s 's processing, administrative and other costs incurred by Landlord as a result of Tenant’s 's delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s 's default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereof, Tenant shall pay to Landlord an additional sum of five percent (5%) of the overdue amount as a one-time late charge, but in no event more than the maximum late charge allowed by lawLaw. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Monthly Basic Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Monthly Basic Rent or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereof, Tenant shall pay to Landlord an additional sum of five percent (5%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s 's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s 's processing, administrative and other costs incurred by Landlord as a result of Tenant’s 's delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s 's default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Any and all sums or charges set forth in this Section 8 are considered part of Additional Rent. Tenant acknowledges that, in addition to interest costs, that late payment (the late payments second day of each month or any time thereafter) by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or and all other sums due under this Lease hereunder, will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs may include, without limitation, processing, administrative processing and accounting charges charges, and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering note secured by any encumbrance against the Premises, and late charges and penalties due to the Building or late payment of real property taxes on the ProjectPremises. AccordinglyTherefore, if any monthly installment of Base Rent, Additional Rent or any other amount sum payable by Tenant hereunder is not received by Landlord by the due date thereofwhen due, Tenant shall promptly pay to Landlord an additional sum of five percent (5%) of the overdue amount as a late charge, but as liquidated damages, in no event more than an amount equal to seven percent (7%) of such delinquent amount plus interest on such delinquent amount at the maximum rate equal to the prime rate plus three percent (3%) for every month or portion thereof that such sums remain unpaid. Notwithstanding the foregoing, Landlord waives the late charge allowed by lawfor the first (1st) instance during each calendar year of the Term of this Lease in which Tenant fails to timely pay Rent. If Tenant delivers to Landlord a check for which there are not sufficient funds, Landlord may require Tenant to replace such check with a cashier’s check for the amount of such check and all other charges payable hereunder. The parties agree that such this late charge represents and the other charges referenced above represent a fair and reasonable estimate of the costs that Landlord will incur by reason of any such late payment as hereinabove referred to by Tenant, excluding attorneys’ fees and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent paymentscosts. Acceptance of a any late charge or interest other charges shall not constitute a waiver by Landlord of Tenant’s default with respect to the overdue amount or delinquent amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord for any other breach of Tenant under this Lease or at law or in equity now or hereafter in effectLease.

Late Charges. Tenant acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of rent or any monthly installment of Base Rent, Additional Rent or other sums payment due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative processing and accounting charges charges, and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering encumbrance and note secured by any encumbrance covering the Premises, the Building or the Project. AccordinglyTherefore, if any monthly installment of Base Rentrent, Additional Rent or any other amount payable by payment due hereunder from Tenant hereunder is not received by Landlord by the due date thereofwhen due, Tenant shall pay to Landlord an additional sum of five ten percent (510%) of the overdue amount such rent or other charge as a late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such this late charge represents a fair and reasonable estimate of the costs cost that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a any late charge or interest shall not constitute a waiver of Tenant’s Tenant default with respect to the overdue amount amount, or prevent Landlord from exercising any of the other rights and or remedies available to Landlord. Notwithstanding the foregoing, Landlord shall give Tenant notice of non-payment of any Minimum Monthly Rent, Additional Rent or other payments required of Tenant under this Lease one (1) time in each calendar year before assessing a late charge, and any late charge assessed for the first infraction (after the payment corresponding to the first notice) under this Lease shall be in the lesser amount of five percent (5%) of the delinquent rent or at law or in equity now or hereafter in effectother charge.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Annual Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Annual Rent or any other amount payable by Tenant hereunder is not received by Landlord by within five (5) days after the due date thereof, Tenant shall pay to Landlord an additional sum of five four percent (54%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Annual Basic Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the ProjectSite. Accordingly, if any monthly installment of Base Rent, Additional Annual Basic Rent or Excess Expenses or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereof, Tenant shall pay to Landlord an additional sum of five ten percent (510%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s 's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s 's processing, administrative and other costs incurred by Landlord as a result of Tenant’s 's delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s 's default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. 6.1 Tenant hereby acknowledges that, in addition to interest costs, the that late payments by Tenant payment to Landlord of any monthly installment of Base Rent, Additional Rent or additional rent or other sums due under this Lease hereunder will cause Landlord to incur administrative costs and loss of investment income not contemplated by this Lease, Lease the exact amount of such costs being which will be extremely difficult and impractical to fixascertain. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of If any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent additional rent or any other amount payable by sum due from Tenant hereunder is not received by Landlord by the due date thereof, or Landlord's designated agent within five (5) days after receipt of written notice then Tenant shall pay to Landlord an additional sum of a late charge equal to five percent (5%) of the such overdue amount as a late charge, but in no event more than the maximum late charge allowed plus any reasonable attorneys' fees and costs incurred by lawLandlord by reason of Tenant's failure to pay Rent and other charges when due hereunder. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs administrative cost that Landlord will incur by reason of any Tenant's late payment as hereinabove referred to by Tenant, and the payment payment. Landlord's acceptance of such late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s 's default with respect to the such overdue amount or prevent estop Landlord from exercising any of the other rights and remedies available granted hereunder. 6.2 In addition to the administrative late charge provided for under Article 6.1 above if any Rent, additional rent or other sum due from Tenant to Landlord is not paid as and when due under this Lease such unpaid amount shall bear interest from the date due until the date paid at an annual rate of interest equal to the lesser of (a) the prime rate of interest as published in the Wall Street Journal (or at law any successor publication thereto) from time to time plus two percent (2%) or in equity now or hereafter in effect(b) the highest annual rate of interest permitted under applicable law.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or rent and other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which will be extremely difficult and impractical to fixascertain. Such other costs include, without limitationbut are not limited to, processing, administrative processing and accounting charges and late charges that which may be imposed on Landlord by the terms of any mortgage, mortgage or trust deed to secure debt, deed of trust or related loan documents encumbering covering the Premises, the Building or the ProjectProperty. Accordingly, if any monthly installment of Base Rent, Additional Rent rent or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by the due date thereofor Landlord’s designee within ten (10) days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord an additional sum of five a late charge equal to six percent (56%) of the such overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawamount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s default with respect to such overdue amount nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of rent, then rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding any other provision hereof to the contrary. The parties agree that the payment of late charges and the payment of interest as provided elsewhere herein are distinct and separate from one another in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while Tenant and the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs expenses incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effectLandlord.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or and other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which will be extremely difficult and impractical to fixascertain. Such other costs include, without limitationbut are not limited to, processing, administrative processing and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Projectcharges. Accordingly, if any monthly installment of Base Rent, Additional Rent or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by the due date thereofor Landlord's designee within 4 days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord an additional sum of five percent (5%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawequal to 5% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest by Landlord shall not in no event constitute a waiver of Tenant’s default 's Default with respect to the such overdue amount or amount, nor prevent Landlord from exercising any of the other rights and remedies available granted hereunder. In addition, should Landlord be unable to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord's inability to negotiate such item(s). Notwithstanding the foregoing or anything to the contrary, Tenant shall not be obligated to pay a late charge until each time after the fourth time during the term or extended term of that Tenant fails to pay any amount due under this Lease or at law or in equity now or hereafter in effectwithin 4 days after said amount shall be due.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent or any other amount payable by Tenant hereunder is not received by Landlord by within five (5) days following notice same is past the due date thereof, Tenant shall pay to Landlord an additional sum of five percent (5%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Monthly Basic Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Monthly Basic Rent or Operating Expenses or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereof, Tenant shall pay to Landlord an additional sum of five seven percent (57%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Any and all sums or charges set forth in this Section 8 are considered part of Additional Rent. Tenant acknowledges that, in addition to interest costs, that late payment (the late payments fifth day of each month or any time thereafter) by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent Tenant's Share of Operating Expenses, Tax Expenses, or other sums due under this Lease hereunder, will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical impracticable to fix. Such other costs include, without limitation, processing, administrative processing and accounting charges charges, and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering note secured by any encumbrance against the Premises, and late charges and penalties due to the Building or late payment of real property taxes on the ProjectPremises. AccordinglyTherefore, if any monthly installment of Base Rent, Additional Rent or any other amount payable by sum due from Tenant hereunder is not received by Landlord by the due date thereofwhen due, Tenant shall promptly pay to Landlord an additional sum of equal to five percent (5%) of such delinquent amount. If Tenant delivers to Landlord a check for which there are not sufficient funds, Landlord may, at its sole option, require Tenant to replace such check with a cashier's check for the overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawof such check and all other charges payable hereunder. The parties agree that such this late charge represents and the other charges referenced above represent a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a any late charge or interest other charges shall not constitute a waiver by Landlord of Tenant’s 's default with respect to the overdue amount or delinquent amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord for any other breach of Tenant under this Lease or at law or in equity now or hereafter in effectLease.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent Tenant's Share of Operating Expense increases, parking charges, after hours HVAC charges, or other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which will be extremely difficult and impractical to fixascertain. Such other costs include, without limitationbut are not limited to, processing, administrative processing and accounting charges and late charges that which may be imposed on Landlord by the terms of any mortgage, mortgage or trust deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent Tenant's Share of Operating Expense increases, parking charges, after hours HVAC charges or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by the due date thereofwithin five (5) days of when such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord an additional sum of five a late charge equal to six percent (56%) of the such overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawamount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest by Landlord shall not in no event constitute a waiver of Tenant’s 's default with respect to the such overdue amount or amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord granted hereunder including the assessment of interest under this Lease or at law or in equity now or hereafter in effect.Section 13.5. SEE ADDENDUM PARAGRAPH 16

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent Tenant’s Share of Operating Expense increases, Tenant’s Share of Real Property Tax increases or other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which will be extremely difficult and impractical to fixascertain. Such other costs include, without limitationbut are not limited to, processing, administrative processing and accounting charges and late charges that which may be imposed on Landlord by the terms of any mortgage, mortgage or trust deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the ProjectProperty. Accordingly, if any monthly installment of Base Rent, Additional Rent Tenant’s Share of Operating Expense increases, Tenant’s Share of Real Property Tax increases or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by the due date thereofwhen such amount shall be due, then, without any requirement for notice or demand to Tenant, Tenant shall immediately pay to Landlord an additional sum of five a late charge equal to three percent (53%) of the such overdue amount as a late chargeamount, but in no event more than the maximum provided that Landlord agrees to waive such late charge allowed by lawfor the first late payment in any period of twelve consecutive months, so long as the requisite payment is made in full within two (2) business days after notice from Landlord that such payment was not received when due. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest by Landlord shall not in no event constitute a waiver of Tenant’s default with respect to the such overdue amount or amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord granted hereunder including the assessment of interest under this Lease or at law or in equity now or hereafter in effectSection 13.5.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Monthly Basic Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building Premises (or the Projectany portion thereof or interest therein). Accordingly, if any monthly installment of Base Rent, Additional Monthly Basic Rent or Operating Expenses or any other amount payable by Tenant hereunder is not received by Landlord by within five (5) days of the due date thereof, Tenant shall pay to Landlord an additional sum of five percent (5%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s 's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s 's processing, administrative and other costs incurred by Landlord as a result of Tenant’s 's delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default 's Default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect. Notwithstanding the foregoing, no late charge shall apply to the first delinquency in the payment of rent or additional rent in any calendar year provided that Tenant pays the delinquent sum within five (5) business days of receipt of written notice from Landlord of such delinquent payment.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent Tenant's Share of Operating Expense Increase or other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which will be extremely difficult and impractical to fixascertain. Such other costs include, without limitationbut are not limited to, processing, administrative processing and accounting charges charges, and late charges that which may be imposed on Landlord by the terms of any mortgage, mortgage or trust deed to secure debt, deed of trust or related loan documents encumbering covering the Premises, the Office Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent Operating Expense Increase, or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by the due date thereofor Landlord's designee within ten (10) days after such amount shall be due, then, upon notice to Tenant, Tenant shall pay to Landlord an additional sum of five a late charge equal to six percent (56%) of the such overdue amount as a late chargeamount, but in no event more than not to exceed the maximum late charge allowed permitted by lawlaw in the jurisdiction where the Office Building Project is located. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest by Landlord shall not in no event constitute a waiver of Tenant’s 's default with respect to the such overdue amount or amount, nor prevent Landlord from exercising any of the other rights and remedies available granted hereunder. This late charge shall not apply to Landlord accelerated rent under this Lease or at law or in equity now or hereafter in effectParagraph 13.2.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent Tenant’s Share of Operating Expense or Real Property Tax increases, parking charges, Non-Business Hours HVAC Charges, or other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which will be extremely difficult and impractical to fixascertain. Such other costs include, without limitationbut are not limited to, processing, administrative processing and accounting charges and late charges that which may be imposed on Landlord by the terms of any mortgage, mortgage or trust deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent Tenant’s Share of Operating Expense or Real Property Tax increases, parking charges, Non-Business Hours HVAC Charges or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by the due date thereofwhen such amount shall be due, then, without any requirement for notice or demand to Tenant, Tenant shall immediately owe and pay to Landlord an additional sum of a late charge equal to five percent (5%) of the such overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawamount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest by Landlord shall not in no event constitute a waiver of Tenant’s default with respect to the such overdue amount or amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord granted hereunder including the assessment of interest under this Lease or at law or in equity now or hereafter in effectSection 13.5.

Late Charges. Tenant acknowledges that, in addition to interest costs, the and Penalties for late payments payment or non-payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent debt or other sums obligation (but only if Tenant timely pays amounts due under this the Lease will cause Landlord relating to incur costs not contemplated by this Leasesame), the exact amount or for Landlord's gross negligence or willful misconduct resulting in its breach of such costs being extremely difficult and impractical to fix. Such other costs includeany laws, including, without limitation, processing, administrative penalties for the failure to pay Taxes and accounting charges and late charges that may be imposed on Landlord by penalties for the terms breach of any mortgage, deed environmental laws or laws for the protection of human health and safety. Notwithstanding any other provision herein to secure debt, deed of trust or related loan documents encumbering the Premises, contrary: (A) in the event the Building is not 100% occupied during any calendar year or in the Project. Accordinglyevent the entire Building is not provided by Landlord with Building Standard services during any calendar year, an adjustment shall be made in computing each component of the Operating Expenses for such year so that the Operating Expenses shall be computed for such year as though the Building had been 100% occupied during such year and as though the entire Building had been provided with Building Standard services during such year; and (B) if any monthly installment other tenant does not pay for a utility or service through payment of Base RentOperating Expenses, Additional Rent then the cost of the pertinent utility or any other amount payable by Tenant hereunder is not received by service to such separately metered or separately contracted for premises shall be excluded from Operating Expenses, and the net cost to Landlord by for such utility or service to the due date thereofBuilding shall be allocated over the net Rentable Area of that portion of the Building which excludes the separately metered or separately contracted for premises. C. On or before the first day of each calendar month during the Term, Tenant shall pay to Landlord an as additional sum of five percent rent one-twelfth (5%1/12th) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable Landlord's estimate of Tenant's Pro Rata Share of Operating Expenses and Taxes for the costs that then current calendar year. Landlord will incur may from time to time adjust such estimate by reason of any late payment as hereinabove referred written notice to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest 's subsequent payments shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effectbe based on such adjusted estimates.

Late Charges. Tenant acknowledges that, in addition to interest costs, that the late payments by Tenant to Landlord payment of any monthly installment of Base Rent, Additional Rent or other sums due under this Lease rent will cause Landlord to incur costs not contemplated by this Leasedamages, the exact amount of such costs being which would be impractical and extremely difficult and impractical to fixascertain. Such other costs damages may include, without limitation, processing, accounting, and other administrative and accounting charges costs, loss of use of the overdue funds, and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering encumbrance and note secured by any encumbrance covering the Premises, the Building or the Project. Accordingly, Landlord and Tenant agree that if any monthly installment Landlord does not receive a payment of Base Rent, Additional Rent or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereofrent within ten (10) days after such payment becomes due, Tenant shall pay to Landlord a late charge in an additional sum of five amount equal to ten percent (510%) of such overdue rent. If Landlord does not receive a payment of rent within thirty (30) days after such payment becomes due, Tenant shall pay to Landlord additional late charges computed at the overdue amount as a late chargeinterest rate of ten percent (10%) per annum or, but in no event more than if lower, the maximum late charge interest rate allowed by law. Such interest shall begin to accrue as of such 30th day after such rent payment became due. The parties agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a any late charge or interest by Landlord shall not constitute a waiver of cure or waive Tenant’s default with respect to the overdue amount or 's default, nor prevent Landlord from exercising exercising, before or after such acceptance, any of the other rights and remedies available to Landlord under for a default provided by this Lease or at law or in equity now or hereafter in effectlaw. Tenant shall be liable for late charges regardless of whether Tenant's failure to pay the rent when due constitutes an Event of Default under this Lease.

Late Charges. Tenant acknowledges that, in addition Tenant's failure to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or other promptly pay sums due under this Lease will may cause Landlord to incur costs not contemplated by this Lease, the unanticipated costs. The exact amount of such those costs being is impractical or extremely difficult and impractical to fixascertain. Such other The costs may include, without limitationbut are not limited to, processing, administrative processing and accounting charges and late charges that which may be imposed on Landlord by the terms of any mortgage, deed to secure debt, ground lease or deed of trust or related loan documents encumbering the Demised Premises. Payments due to Landlord under this Lease are not an extension of credit. Therefore, Landlord may, at Landlord's option and to the Building or the Project. Accordinglyextent allowed by applicable law, if impose a Late Charge on any monthly installment of Base Rent, Additional Rent or any other amount payable by Tenant hereunder is payments which are not received by Landlord by on or before the due date thereofin an amount equal to one- half of one percent (0.5%) of the amount of the past due payments (the "Late Charge") per day for each day after the due date, until the past due amount in Good Funds is received by Landlord, up to a maximum of ten percent (10%) of the past due amount. A Late Charge may be imposed only once on each past due payment. Any Late Charge will be in addition to Landlord's other remedies for nonpayment of rent. If any check tendered to Landlord by Tenant under this Lease is dishonored for any reason, Tenant shall pay to Landlord an additional sum the party receiving payments under this Lease a fee of twenty-five percent dollars (5%$25.00), plus (at Landlord's option) of the overdue amount a Late Charge as a late charge, but in no event more than the maximum late charge allowed provided above until good funds are received by lawLandlord. The parties agree that such late charge represents any Late Charge and dishonored check fee represent a fair and reasonable estimate of the costs that Landlord will incur by reason of any the late payment as hereinabove referred or dishonored check. Payments received from Tenant shall be applied first to by Tenantany Late Charges, second to Base Rent, and last to other unpaid charges or reimbursements due to Landlord. Notwithstanding the foregoing, Landlord will not impose a Late Charge as to the first late payment of in any calendar year, unless Tenant fails to pay the late charges and interest are distinct and separate in that payment to Landlord within three (3) business days after the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance delivery of a written notice from Landlord to Tenant demanding the late charge or interest shall not constitute payment be paid. However, Landlord may impose a waiver of Tenant’s default with respect Late Charge without advance notice to Tenant on any subsequent late payment in the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effectsame calendar year.

Late Charges. Tenant acknowledges that, recognizes that late payment of any Rent will result in addition extra administrative expense to interest costsLandlord and Landlord's inability to meet its financial commitments. The extent of this additional expense and other damage to Landlord is extremely difficult and economically impractical to ascertain. Tenant therefore agrees that if any Rent remains unpaid three (3) days after Landlord has provided written notice to Tenant that the same is due, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical unpaid Rent shall be increased by a late charge to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on paid to Landlord by the terms of any mortgage, deed Tenant in an amount equal to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereof, Tenant shall pay to Landlord an additional sum of five fifteen percent (515%) of the overdue amount as a late charge, but in no event more than of the maximum amount due. The amount of the late charge allowed to be paid to Landlord by lawTenant on any unpaid Rent shall be reassessed and added to Tenant's obligations for each successive monthly period accruing after the date on which the late charge is initially imposed. The parties agree Tenant agrees that such late charge represents amount is a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred loss and expense to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred be suffered by Landlord as a result of Tenant’s delinquent paymentssuch late payment by Tenant and may be charged by Landlord to defray such loss and expense. Acceptance If the amount of a any late charge or interest charges due hereunder exceed the amounts allowed by law, then such late charges shall be reduced to the maximum allowed by law. The provisions of this Paragraph 3(d) shall not constitute be constructed to grant Tenant a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any grace period and shall in no way relieve Tenant of the other rights and obligation to pay any amount of Rent on or before the date on which it becomes due, nor do the terms of this Paragraph in any way affect Landlord's remedies available pursuant to Landlord under this Lease or at law or in equity now or hereafter in effectParagraph 18 if any Rent is unpaid after the date due.

Late Charges. Any and all sums or charges set forth in this Section 8 are considered part of Additional Rent. Tenant acknowledges that, in addition to interest costs, that late payment (the late payments fifth day of each month or any time thereafter) by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent Tenant's Share of Operating Expenses, Tax Expenses, Common Area Utility Costs, and Utility Expenses or other sums due under this Lease hereunder, will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical impracticable to fix. Such other costs include, without limitation, processing, administrative processing and accounting charges charges, and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering note secured by any encumbrance against the Premises, and late charges and penalties due to the Building or late payment of real property taxes on the ProjectPremises. AccordinglyTherefore, if any monthly installment of Base Rent, Additional Rent or any other amount payable by sum due from Tenant hereunder is not received by Landlord by the due date thereofwhen due, Tenant shall promptly pay to Landlord all of the following, as applicable: (a) an additional sum of equal to five percent (5%) of such delinquent amount plus interest on such delinquent amount at the overdue amount rate equal to the prime rate plus three percent (3%) for the time period such payments are delinquent as a late chargecharge for every month or portion thereof that such sums remain unpaid, but in no event more than (b) the maximum late charge allowed by lawamount of seventy-five dollars ($75) for each three-day notice prepared for, or served on, Tenant, (c) the amount of fifty dollars ($50) relating to checks for which there are not sufficient funds. The parties agree that such this late charge represents and the other charges referenced above represent a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.the

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Monthly Rent or and other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which will be extremely difficult and impractical to fixascertain. Such other costs include, without limitationbut are not limited to, administrative, processing, administrative and accounting charges charges, and late charges that charges, which may be imposed on Landlord by the terms of any mortgagecontract, revolving credit, mortgage or trust deed to secure debt, deed of trust or related loan documents encumbering covering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Monthly Rent or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by or Landlord's designee within five (5) business days after Landlord gives Tenant notice of delinquency (which notice may be in the due date thereofform of a notice to quit or pay rent), Tenant shall pay to Landlord an additional sum of a late charge equal to five percent (5%) percent of the such overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawamount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest by Landlord shall not in no event constitute a waiver of Tenant’s 's default with respect to the such overdue amount or amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.granted hereunder. IT IS FURTHER MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS:

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Basic Annual Rent, Additional Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Annual Basic Rent, Additional Rent or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereof, Tenant shall pay to Landlord an additional sum of five percent (5%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law; provided, however, that as to the first (1st) late payment in any twelve (12) month period during the Term, no late charge shall apply until ten (10) days after written notice of delinquency. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent Tenant's Share of Operating Expense or Real Property Tax increases, parking charges, Non-Business Hours HVAC Charges, or other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which will be extremely difficult and impractical to fixascertain. Such other costs include, without limitationbut are not limited to, processing, administrative processing and accounting charges and late charges that which may be imposed on Landlord by the terms of any mortgage, mortgage or trust deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent Tenant's Share of Operating Expense or Real Property Tax increases, parking charges, Non-Business Hours HVAC Charges or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by the due date thereofwhen such amount shall be due, then, without any requirement for notice or demand to Tenant, Tenant shall immediately pay to Landlord an additional sum of five a late charge equal to six percent (56%) of the such overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawamount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest by Landlord shall not in no event constitute a waiver of Tenant’s 's default with respect to the such overdue amount or amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord granted hereunder including the assessment of interest under this Lease or at law or in equity now or hereafter in effectSection 13.5.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent rent or other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which will be extremely difficult and impractical difficult, if not impossible, to fixascertain. Such other costs include, without limitationbut are not limited to, processing, administrative processing and accounting charges charges, and late charges that which may be imposed on upon Landlord by the terms of any mortgage, mortgage or trust deed to secure debt, deed of trust or related loan documents encumbering covering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent rent or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by the due date thereofor Landlord's designee within five (5) days after said amount is past due, then, in addition to all other remedies provided herein, Tenant shall pay to Landlord an additional sum a late charge equal to the greater of five percent (5i) ten (10%) percent of the such overdue amount as a late charge, (but in no event more greater than the maximum late charge allowed amount permitted by law), or (ii) a service charge equal to the sum of $50.00 plus $10.00 per day for each day after the due date for which Tenant's failure to pay continues, plus, in either event, all attorneys' fees incurred by Landlord by reason of Tenant's failure to pay rent and/or other charges when due hereunder. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Landlord will incur by reason of any the late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as it does not constitute a result of Tenant’s delinquent paymentsforfeiture or penalty. Acceptance of a such late charge or interest charges by Landlord shall not in no event constitute a waiver of Tenant’s 's default with respect to the such overdue amount or amount, nor prevent Landlord from exercising any of the other rights and remedies available granted hereunder. Landlord may, at its option, include all late charges accrued during any calendar year in the estimated charges to Landlord under this Lease or at law or be paid by Tenant for the ensuing year, and may deduct all late charges from the security deposit, if any, being maintained in equity now or hereafter in effectaccordance with SECTIONS 1.6 AND 3.5.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Monthly Basic Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Monthly Basic Rent or Operating Expenses or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereofwithin five (5) calendar days after Tenant’s receipt of notice that said amount was not paid when due, Tenant shall pay to Landlord an additional sum of five ten percent (510%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Tenant acknowledges that, recognizes that late payment of any Rent will result in addition extra administrative expense to interest costsLandlord and Landlord's inability to meet its financial commitments. The extent of this additional expense and other damage to Landlord is extremely difficult and economically impractical to ascertain. Tenant therefore agrees that if any Rent remains unpaid three (3) days after Landlord has provided written notice to Tenant that the same is due, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical unpaid Rent shall be increased by a late charge to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on paid to Landlord by the terms of any mortgage, deed Tenant in an amount equal to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereof, Tenant shall pay to Landlord an additional sum of five fifteen percent (515%) of the overdue amount as a late charge, but in no event more than of the maximum amount due. The amount of the late charge allowed to be paid to Landlord by lawTenant on any unpaid Rent shall be reassessed and added to Tenant's obligations for each successive monthly period accruing after the date on which the late charge is initially imposed. The parties agree Tenant agrees that such late charge represents amount is a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred loss and expense to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred be suffered by Landlord as a result of Tenant’s delinquent paymentssuch late payment by Tenant and may be charged by Landlord to defray such loss and expense. Acceptance If the amount of a any late charge or interest charges due hereunder exceed the amounts allowed by law, then such late charges shall be reduced to the maximum allowed by law. The provisions of this Paragraph 3(d) shall not constitute be construed to grant Tenant a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any grace period and shall in no way relieve Tenant of the other rights and obligation to pay any amount of Rent on or before the date on which it becomes due, nor do the terms of this Paragraph in any way affect Landlord's remedies available pursuant to Landlord under this Lease or at law or in equity now or hereafter in effectParagraph 18 if any Rent is unpaid after the date due.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent Tenant’s Expense Share, Tenant’s Tax Share or other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which will be extremely difficult and impractical to fixascertain. Such other costs include, without limitationbut are not limited to, processing, administrative processing and accounting charges charges, loss of use of such funds by Landlord and late charges that which may be imposed on Landlord by the terms of any mortgage, mortgage or trust deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or covering the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent Operating Expenses, or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by the due date thereofor Landlord’s designee within five (5) business days after written notice that such amount shall be due, Tenant shall pay to Landlord an additional sum of five a late charge equal to ten percent (510%) of the such overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawamount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest by Landlord shall not in no event constitute a waiver of Tenant’s default with respect to the such overdue amount or amount, nor prevent Landlord from exercising any of the other rights and remedies available to granted hereunder. Notwithstanding the foregoing, Landlord under this Lease or at law or in equity now or hereafter in effectshall waive the first late charge during any 12-month period provided that payment is made within ten (10) business days after written notice from Landlord.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or rent and other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which will be extremely difficult and impractical to fixascertain. Such other costs include, without limitationbut are not limited to, administrative, processing, administrative and accounting charges charges, and late charges that charges, which may be imposed on Landlord by the terms of any mortgagecontract, revolving credit, mortgage or trust deed to secure debt, deed of trust or related loan documents encumbering covering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent rent or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by the due date thereof, or Landlord's designee within ten (10) days after RECEIPT BY TENANT OF WRITTEN NOTICE FROM LANDLORD OF THE FAILURE TO PAY SUCH AMOUNT WHEN DUE. Tenant shall pay to Landlord an additional sum of a late charge equal to five percent (5%) percent of the such overdue amount as a late charge, but in no event more than which shall be due and payable with the maximum late charge allowed by lawpayment then delinquent. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest WITHOUT RECEIPT OF ACCRUED RENT by Landlord shall not in no event constitute a waiver of Tenant’s 's default with respect to the such overdue amount or amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.granted hereunder. IT IS FURTHER MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS:

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the ProjectCentre. Accordingly, if any monthly installment of Base Rent, Additional Rent or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereof, Tenant shall pay to Landlord an additional sum of five percent (5%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect. Landlord agrees to waive interest and late charges with regard to the first delinquent installment of Rent due hereunder, in any calendar year, provided that Landlord receives such amount in full within five (5) business days after written notice from Landlord.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, that the late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or and other sums charges due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which will be extremely difficult and impractical to fixascertain. Such other costs include, without limitation, processing, administrative but are not limited to processing and accounting charges charges, and late charges that which may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering mortgage covering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent or any other amount payable by charge due from Tenant hereunder is not received by Landlord by or Landlord's designee within ten (10) days after such amount shall be due and if Tenant has been more than ten (10) days late in the due date thereofpayment of Rent one or more times within the preceding twelve month period, then, in addition to the other remedies provided to the Landlord herein, Tenant shall pay to Landlord an additional sum of Landlord, within ten (10) days after demand, a late charge equal to the five percent (5%) of such overdue amount, and in such event the overdue amount 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 Landlord will incur by reason of any the late payment as hereinabove referred to by Tenant, and the payment of . No late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of charge may be imposed on a late charge or interest more than once for the same late rental payment. Acceptance of such late charge by Landlord shall not in no event constitute a waiver of Tenant’s 's default with respect to the such overdue amount or amount, nor prevent Landlord from exercising any of the other rights and remedies available granted to Landlord under this Lease or it hereunder. In addition to the late fee provided above, at law or the option of the Landlord, all delinquent Rent shall bear interest at 2% in equity now or hereafter excess of the Prime Rate as published by Barnett Bank, N.A. as in effectefxxxx xxom time to time, from the date due until paid.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Annual Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. fix Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Premises Accordingly, if any monthly installment Installment of Base Rent, Additional Annual Rent or any other amount payable by Tenant hereunder is not received by Landlord by that date which is ten (10) days from the due date thereof, Tenant shall pay to Landlord an additional sum of five six percent (56%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. law The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of or late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. payments Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Tenant acknowledges that, in addition Tenant's failure to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or other sums due under this Lease will pay rent promptly may cause Landlord to incur costs not contemplated by this Lease, the unanticipated costs. The exact amount of such costs being are impractical or extremely difficult and impractical to fixascertain. Such other costs may include, without limitationbut are not limited to, processing, administrative processing and accounting charges and late charges that which may be imposed on Landlord by the terms of any mortgageground lease, mortgage or trust deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the ProjectProperty. AccordinglyTherefore, if Landlord does not receive any monthly installment of Base Rent, Additional Rent or any other amount payable by rent payment within five (5) days after Landlord's written notice to Tenant hereunder that such rent payment is not received by Landlord by the due date thereofdelinquent, Tenant shall immediately pay Landlord a late charge equal to Landlord an additional sum of five ten percent (510%) of the overdue amount as amount. At any time during the Lease, if Landlord provides written notice to Tenant under the immediate preceding sentence that a rental payment has been delinquent, then if Tenant fails to pay any other rent payment due within twelve (12) months after such Landlord notice, Landlord shall not have to provide any other written notice to the Tenant during such twelve (12) month period, and if the Landlord does not receive any rent payment timely within such twelve (12) month period within five (5) days after such payment becomes due, Tenant shall immediately pay to Landlord a late charge, but in no event more than charge equal to ten percent (10%) of the maximum late charge allowed by lawoverdue amount. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any such late payment as hereinabove referred to payment. If such late charge is not paid when due hereunder, such failure shall be deemed a default by Tenant, and Tenant shall (in addition to Landlord's other remedies) pay to Landlord interest (at the payment of rate specified in Section 4.6, but not greater than the maximum rate permitted by law on such late charges and interest are distinct and separate in that charge) on such late charge from the payment of interest date such late charge is to compensate Landlord for the use of be paid to Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Any and all sums or charges set forth in this Section 8 are considered part of Additional Rent. Tenant acknowledges that, in addition to interest costs, that late payment (the late payments sixth day of each month or any time thereafter) by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or and all other sums due under this Lease hereunder, will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs may include, without limitation, processing, administrative processing and accounting charges charges, and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering note secured by any encumbrance against the Premises, and late charges and penalties due to the Building or late payment of real property taxes on the ProjectPremises. AccordinglyTherefore, if any monthly installment of Base Rent, Additional Rent or any other amount sum payable by Tenant hereunder is not received by Landlord by the due date thereofwhen due, Tenant shall promptly pay to Landlord a late charge, as liquidated damages, in an additional sum amount equal to ten percent (10%) of such delinquent amount. Any payment due from Tenant to Landlord, except for Rent received by Landlord within thirty (30) days after the same is due, shall bear interest from the date due until paid, at an annual rate equal to the greater of: ten percent (10%); or five percent (5%) plus the rate established by the Federal Reserve Bank of San Francisco, as of the overdue twenty-fifth (25th) day of the month immediately preceding the due date, on advances to member banks under Sections 13 and 13(a) of the Federal Reserve Act, as now in effect or hereafter from time to time amended. In addition, Tenant shall pay all costs and attorneys’ fees incurred by Landlord in the collection of such amounts. If Tenant delivers to Landlord a check for which there are not sufficient funds, Landlord may require Tenant to replace such check with a cashier's check for the amount as a late charge, but in no event more than the maximum late charge allowed by lawof such check and all other charges payable hereunder. The parties agree that such this late charge represents and the other charges referenced above represent a fair and reasonable estimate of the costs that Landlord will incur by reason of any such late payment as hereinabove referred to by TenantXxxxxx, excluding attorneys' fees and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent paymentscosts. Acceptance of a any late charge or interest other charges shall not constitute a waiver by Landlord of Tenant’s 's default with respect to the overdue amount or delinquent amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord for any other breach of Tenant under this Lease Lease. If a late charge becomes payable for three (3) installments of Rent, then Landlord, at Landlord's sole option, can either require the Rent be paid quarterly in advance or at law be paid monthly in advance by cashier's check or in equity now or hereafter in effectby electronic funds transfer.

Late Charges. The sums and charges set forth in this Section 8 shall be “Additional Rent”. Tenant acknowledges that, in addition to interest costs, that late payment (the late payments by Tenant to Landlord second (2nd) day of each month or any monthly installment time thereafter) of Base Rent, Additional Rent or and all other sums due under this Lease hereunder, will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs may include, without limitation, processing, administrative processing and accounting charges charges, and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering note secured by any encumbrance against the Premises, and late charges and penalties due to the Building or late payment of real property taxes on the ProjectPremises. AccordinglyTherefore, if any monthly installment of Base Rent, Additional Rent or any other amount sum payable by Tenant hereunder is not received by Landlord by the due date thereofwhen due, Tenant shall promptly pay to Landlord a late charge, as liquidated damages, in an additional sum of amount equal to five percent (5%) of such delinquent amount plus interest thereon at ten percent (10%) per annum for every month or portion thereof that such sums remain unpaid. Notwithstanding the overdue amount as foregoing, in the first instance each calendar year wherein Tenant is late in making a late chargepayment to Landlord of Rent or any other sums payable by Tenant hereunder, but in no event more than the maximum foregoing late charge allowed by lawshall not be assessed until three (3) days after Tenant is sent written notice (which notice may be via electronic mail and does not have to be in conformance with the requirements of Section 29.9 below) that such Rent or other amount is past due. The parties agree that such this late charge represents and the other charges referenced above represent a fair and reasonable estimate of the costs that Landlord will incur by reason of any such late payment as hereinabove referred to by Tenant, excluding attorneys’ fees and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent paymentscosts. Acceptance of a any late charge or interest other charges shall not constitute a waiver by Landlord of Tenant’s default with respect to the overdue amount or delinquent amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord for any other default of Tenant under this Lease or at law or in equity now or hereafter in effectLease.

Late Charges. Tenant acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Monthly Rent or and other sums due under this Lease charges provided for hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical or impracticable to fix. Such other costs include, without limitationbut are not limited to, processing, administrative processing and accounting charges charges, and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust encumbrance or related loan documents encumbering notes secured by any encumbrance covering the Premises, or late charges and penalties due to late payment of Real Property Taxes due on the Building Premises. Notwithstanding the foregoing, one (1) time per each calendar year, Tenant shall be accorded a grace period for the late payment of any Monthly Rent installment (the "Grace Period Occurrence"). With respect to such Grace Period Occurrence, Tenant shall pay the applicable Monthly Rent installment within five (5) days after receiving written notice from Landlord regarding such late Monthly Rent payment before Late Charges (as defined below) are payable with respect thereto. If Tenant fails to pay the applicable Monthly Rent installment within five (5) days after receipt of written notice of the Grace Period Occurrence, or the Project. Accordinglythereafter, if any monthly installment of Base Rent, Additional Monthly Rent or any other amount payable by Tenant hereunder is not received by Landlord by the within five (5) days after its due date thereofdate, Tenant shall pay to Landlord an additional sum of five equal to six percent (56%) of the amount overdue amount as a late charge, but in no event more than (the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect."Late Charge"

Late Charges. Tenant acknowledges that, recognizes that late payment of any Rent will result in addition extra administrative expense to interest costsLandlord and Landlord's inability to meet its financial commitments. The extent of this additional expense and other damage to Landlord is extremely difficult and economically impractical to ascertain. Tenant therefore agrees that if any Rent remains unpaid three (3) days after Landlord has provided written notice to Tenant that the same is due, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical unpaid Rent shall be increased by a late charge to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on paid to Landlord by the terms of any mortgage, deed Tenant in an amount equal to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereof, Tenant shall pay to Landlord an additional sum of five fifteen percent (515%) of the overdue amount as a late charge, but in no event more than of the maximum amount due. The amount of the late charge allowed to be paid to Landlord by lawTenant on any unpaid Rent shall be reassessed and added to Tenant's obligations for each successive monthly period accruing after the date on which the late charge is initially imposed. The parties agree Tenant agrees that such late charge represents amount is a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred loss and expense to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred be suffered by Landlord as a result of Tenant’s delinquent paymentssuch late payment by Tenant and may be charged by Landlord to defray such loss and expense. Acceptance If the amount of a any late charge or interest charges due hereunder exceed the amounts allowed by law, then such late charges shall be reduced to the maximum allowed by law. The provisions of this Paragraph 3(c) shall not constitute be construed to grant Tenant a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any grace period and shall in no way relieve Tenant of the other rights and obligation to pay any amount of Rent on or before the date on which it becomes due, nor do the terms of this Paragraph in any way affect Landlord's remedies available pursuant to Landlord under this Lease or at law or in equity now or hereafter in effectParagraph 18 if any Rent is unpaid after the date due.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or and other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this 'Lease, the exact amount of such costs being which will be extremely difficult and impractical to fixascertain. Such other costs include, without limitationbut are not limited to, processing, administrative processing and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Projectcharges. Accordingly, if Landlord's designee within 4 days after such, amount shall be due, then, without any monthly installment of Base Rent, Additional Rent or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereofrequirement for notice to Tenant, Tenant shall pay to Landlord an additional sum of five percent (5%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawequal to 5% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest by Landlord shall not in no event constitute a waiver of Tenant’s default 's Default with respect to the such overdue amount or amount, nor prevent Landlord from exercising any of the other rights and remedies available granted hereunder. Notwithstanding the foregoing, on the first two occasions during the Term in which Tenant would otherwise be subject to payment of a late charge, no late charge shall accrue until after Landlord has given Tenant five (5) days' written notice thereof and Tenant has failed to pay the amount due within that period. In addition, should Landlord be tunable to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord under this Lease or at law or in equity now or hereafter in effecta fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord's inability to negotiate such item(s).

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Monthly Basic Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Monthly Basic Rent or Operating Expenses or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereof, Tenant shall pay to Landlord an additional sum of five percent (5%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default (beyond the expiration of all applicable notice and cure periods) with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. If Tenant shall fail to pay to Landlord any Rent or other sums when due hereunder, such unpaid amounts shall bear interest at the prime commercial rate then being charged by Bank of America plus two percent (2%) per annum from the date due to the date of payment. In addition, Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or and other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which will be extremely difficult and impractical to fixascertain. Such other costs include, without limitationbut are not limited to, processing, administrative processing and accounting charges charges, and late charges that which may be imposed on Landlord by the terms of any mortgage, mortgage or trust deed to secure debt, deed of trust or related loan documents encumbering covering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by the due date thereofor Landlord's designee within five (5) days after such amount shall be due, Tenant shall pay to Landlord an additional sum of five a late charge equal to ten percent (510%) of the such overdue amount as a amount. No late charge, but in no event charge may be imposed more than once for the maximum same late charge allowed by lawRent payment. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not in no event constitute a waiver of Tenant’s 's default with respect to the such overdue amount or amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or granted at law or in equity now or hereafter in effectpursuant to this Lease.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to If Landlord does not actually receive payment of any monthly installment of Base Rent, Additional Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent or any other amount payable by Tenant hereunder sums due at the designated place of payment within ten (10) days after the date it is not received by Landlord by the due date thereofdue, Tenant shall pay to Landlord an additional sum of five percent (a Late Charge equal to 5%) % of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred due to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate reimburse Landlord for Landlord’s processing, administrative cost and other costs inconvenience incurred by Landlord as a result of TenantXxxxxx’s delinquent paymentsdelinquency. Acceptance The Late Charge is a cost associated with the collection of Rent and Landlord's acceptance of a late charge Late Charge does not waive Landlord's right to exercise its rights and remedies, including those under Paragraph 24 (Remedies of Landlord) herein. If Tenant fails to pay (i) any monthly installment of Base Rent due under this Lease by the 10th day of the month when due, or interest (ii) or any other component of Rent within 10 days after the same is due as specified in this Lease, more than once in any consecutive three (3) month period, Tenant, upon the delivery of written notice to Tenant by Landlord ("Additional Deposit Notice"), shall not constitute a waiver of Tenant’s default with respect pay to Landlord an amount equal to the overdue amount or prevent then-current monthly installment of Base Rent (the “Additional Deposit”) to be held and applied by Landlord from exercising as an addition to the Security Deposit delivered by Xxxxxx and held on account by Landlord upon Xxxxxx’s execution of this Lease pursuant to subparagraph 3.H, below. Landlord’s requirement of any of the Additional Deposit shall be in addition to any and all other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effectLease. If Tenant does not deliver the Additional Deposit to Landlord within ten (10) days after the delivery of the Additional Deposit Notice, such failure shall be an event of default under this Lease.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Annual Basic Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the ProjectSite. Accordingly, if any monthly installment of Base Rent, Additional Annual Basic Rent or Excess Expenses or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereof, Tenant shall pay to Landlord an additional sum of five ten percent (510%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. law The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s 's money by Tenant, Tenant while the payment of late charges is to compensate Landlord for Landlord’s 's processing, administrative and other costs incurred by Landlord as a result of Tenant’s 's delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s 's default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Monthly Rent or and other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which will be extremely difficult and impractical to fixascertain. Such other costs include, without limitationbut are not limited to, administrative, processing, administrative and accounting charges charges, and late charges that charges, which may be imposed on Landlord by the terms of any mortgagecontract, revolving credit, mortgage or trust deed to secure debt, deed of trust or related loan documents encumbering covering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Monthly Rent or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by the due date thereofor Landlord’s designee within ten (10) days after Tenant’s receipt of written notice from Landlord that such amount is delinquent, Tenant shall pay to Landlord an additional sum of a late charge equal to five percent (5%) percent of the such overdue amount as a late charge, but in no event more than the maximum which late charge allowed by lawshall be due and payable with the payment then delinquent. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest by Landlord shall not in no event constitute a waiver of Tenant’s default with respect to the such overdue amount or amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effectgranted hereunder.

Late Charges. The sums and charges set forth in this Section 8 shall be “Additional Rent”. Tenant acknowledges that, in addition to interest costs, that late payment (the late payments by Tenant to Landlord second (2nd) day of each month or any monthly installment time thereafter) of Base Rent, Additional Rent or and all other sums due under this Lease hereunder, will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs may include, without limitation, processing, administrative processing and accounting charges charges, and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering note secured by any encumbrance against the Premises, and late charges and penalties due to the Building or late payment of real property taxes on the ProjectPremises. AccordinglyTherefore, if any monthly installment Installment of Base Rent, Additional Rent or any other amount sum payable by Tenant hereunder is not received by Landlord by the due date thereofwithin five (5) days after when due, Tenant shall promptly pay to Landlord an additional sum of five percent (5%) of the overdue amount as a late charge, but as liquidated damages, in no event more than an amount equal to eight percent (8%) of such delinquent amount plus interest on the maximum delinquent amount at eight percent (8%) per annum for every month or portion thereof that such sums remain unpaid. Notwithstanding the foregoing, Tenant shall not be obligated to pay such late charge allowed by lawfor the first such late payment in any twelve (12) month period, provided that such payment is made within three (3) business days after notice from Landlord that such amount was not paid when due. If Tenant delivers to Landlord two (2) checks for which there are not sufficient funds, Landlord may require Tenant to replace such check with a cashier’s check for the amount of such check. The parties agree that such this late charge represents and the other charges referenced above represent a fair and reasonable estimate of the costs that Landlord will incur by reason of any such late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a any late charge or interest other charges shall not constitute a waiver by Landlord of Tenant’s default with respect to the overdue amount or delinquent amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord for any other default of Tenant under this Lease or at law or in equity now or hereafter in effectLease.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or and other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which will be extremely difficult and impractical to fixascertain. Such other costs include, without limitationbut are not limited to, processing, administrative and accounting charges and late charges that payment fees which may be imposed on Landlord by the terms of any mortgage, mortgage or trust deed to secure debt, deed of trust or related loan documents encumbering covering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by the due date thereofor Landlord’s designee within seven (7) days after such amount shall be due, Tenant shall pay to Landlord an additional sum of five as Additional Rent a late charge equal to seven and one-half percent (57.5%) of the such overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawamount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to payments by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest by Landlord shall not in no event constitute a waiver of Tenant’s default with respect to the such overdue amount or amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In no event shall this provision for a late charge be deemed to grant to Tenant a grace period or extension of time within which to pay any installment of Base Rent or Additional Rent or prevent Landlord from exercising any right or remedy available to Landlord under this Lease upon Tenant’s failure to make such payment when due. In the event any payment of Base Rent or Additional Rent is not received by Landlord by the thirtieth (30th) day after the due date for such payment or installment, such payment or installment shall bear interest at law the Permitted Rate, as defined in Paragraph 20.17 below, commencing on the thirty-first (31st) day after the due date for such payment or in equity now or hereafter in effectinstallment and continuing until the same is paid.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or and other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which will be extremely difficult and impractical to fixascertain. Such other costs include, without limitationbut are not limited to, processing, administrative processing and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Projectcharges. Accordingly, if any monthly installment of Base Rent, Additional Rent or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by the due date thereofor Landlord’s designee within 4 days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord an additional sum of five percent (5%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawequal to 5% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest by Landlord shall not in no event constitute a waiver of Tenant’s default Default with respect to the such overdue amount or amount, nor prevent Landlord from exercising any of the other rights and remedies available granted hereunder. In addition, should Landlord be unable to negotiate any payment made by Tenant on the first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord under this Lease or at law or a fee of $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of the costs Landlord will incur by reason of Landlord’s inability to negotiate such item(s). Notwithstanding the foregoing, before assessing a late charge the first time in equity now or hereafter in effectany one (1) year period, Landlord shall provide Tenant written notice of the delinquency, and shall waive such late charge if Tenant pays such delinquency within five (5) days thereafter.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or and other sums due under this Lease will cause Landlord to incur additional costs not contemplated by this Lease, the exact amount of such costs being which will be extremely difficult and impractical or impossible to fixascertain. Such other additional costs include, without limitation, processing, administrative include processing and accounting charges and late charges that which may be imposed on upon Landlord by the terms of any mortgage, deed to secure debt, mortgage or deed of trust or related loan documents encumbering covering the Premises, the Building or the Project. AccordinglyTherefore, if any monthly installment of Base Rent, Additional Rent or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by within five (5) days after the due date thereofthat such amount is due, Tenant shall pay to Landlord an additional sum a late charge equal to the greater of five percent (5%a) $250.00, or (b) the highest maximum legal interest rate per annum permitted from time to time under applicable Colorado State Law, of the overdue amount as then delinquent amount. Such interest shall compound annually. Tenant will pay a late charge$75.00 handling fee to Landlord, but in no event more than the maximum late charge allowed by lawfor each returned bank check. The parties agree hereby acknowledge, warrant and represent that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest by Landlord shall not in no event constitute a waiver of Tenant’s default an Event of Default with respect to the such overdue amount or prevent Landlord from exercising any or all of the other rights and remedies available granted under this Lease. Casimir-Quince, LLC, Lease Agreement Page 9 of 36 In the event Tenant tenders a payment that is returned by the bank for insufficient funds or for any other reason the payment is not negotiated and/or deposited by bank, Tenant shall make all future payments to Landlord under this Lease by wire or at law electronic transfer, by cashier’s check or by an automatic payment from Tenant’s bank account to Landlord’s account, in equity now each case without cost to Landlord. The acceptance of late charges and returned check charges by Landlord will not constitute a waiver of any Tenant default nor any other rights or hereafter in effectremedies of Landlord.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent or Excess Expenses or any other amount payable by Tenant hereunder is not received by Landlord by within five (5) days after the due date thereofsame is due, Tenant shall pay to Landlord an additional sum of five four percent (54%) of the overdue amount as a late charge, but in no event more than the maximum provided, however, that such late charge allowed by lawshall be waived for the first time (and only the first time) during the Term that Tenant fails to pay any monthly Base Rent or other sum within five (5) days after the due date. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if If any monthly installment Installment of Base Rent, Additional Rent or any other amount payable by Tenant hereunder is not received by Landlord by within five (5) business days of the due date thereof, Tenant shall pay to Landlord an additional sum of five percent (5%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. 6.1 Tenant hereby acknowledges that, in addition to interest costs, the that late payments by Tenant payment to Landlord of any monthly installment of Base Rent, Additional Rent or additional rent or other sums due under this Lease hereunder will cause Landlord to incur administrative costs and loss of investment income not contemplated by this Lease, the exact amount of such costs being which will be extremely difficult and impractical to fixascertain. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of If any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent additional rent or any other amount payable by sum due from Tenant hereunder is not received by Landlord by or Landlord's designated agent within five (5) days after the due date thereofdue, then Tenant shall pay to Landlord an additional sum of a late charge equal to five percent (5%) of the such overdue amount as a late chargeamount, but in no event more than the maximum late charge allowed plus any reasonable attorneys' fees and costs incurred by lawLandlord by reason of Tenant's failure to pay Rent and other charges when due hereunder. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs administrative cost that Landlord will incur by reason of any Tenant's late payment as hereinabove referred to by Tenant, and the payment payment. Landlord's acceptance of such late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s 's default with respect to the such overdue amount or prevent stop Landlord from exercising any of the other rights and remedies available granted hereunder. 6.2 In addition to the administrative late charge provided for under Section 6.1, above, if any Rent, additional rent or other sum due from Tenant to Landlord is not paid as and when due under this Lease Lease, such unpaid amount shall bear interest from the date due until the date paid at an annual rate of interest equal to the lesser of (a) the prime rate of interest as published in the Wall Street Journal (or at law any successor publication thereto) from time to time plus two percent (2%), or in equity now or hereafter in effect.(b) the highest annual rate of interest permitted under applicable law. Initials: Landlord [SIG] Tenant [SIG] ----------------------- -----------------------

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or and other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which will be extremely difficult and impractical to fixascertain. Such other costs include, without limitationbut are not limited to, processing, administrative processing and accounting charges charges, and late charges that which may be imposed on upon Landlord by the terms of any mortgageground lease, deed to secure debt, mortgage or deed of trust or related loan documents encumbering covering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent and Tenant's Share of Operating Expenses or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by the due date thereofor Landlord's designee within * days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord an additional sum of five percent (5%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawequal to * of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest by Landlord shall not in no event constitute a waiver of Tenant’s default 's Default with respect to the such overdue amount or amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord under granted hereunder. In the event that a late charge is payable hereunder, whether or not collected for * consecutive installments of Base Rent and Tenant's Share of Operating Expenses, then notwithstanding Section 4.1 or any other provision of this Lease or to the contrary, Base Rent and Tenant's Share of Operating Expenses shall, at law or Landlord's option, become due and payable quarterly in equity now or hereafter in effectadvance.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent rent or other sums due under this Parking Lot Lease will cause Landlord to incur costs not contemplated by this Parking Lot Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Parking Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent rent or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereof, Tenant shall pay to Landlord an additional sum of five percent (5%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Parking Lot Lease or at law or and/or in equity now or hereafter in effect.

Late Charges. Any and all sums or charges set forth in this Section 8 are considered part of Additional Rent. Tenant acknowledges that, in addition to interest costs, that late payment (the late payments second day of each month or any time thereafter) by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or and all other sums due under this Lease hereunder, will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs may include, without limitation, processing, administrative processing and accounting charges charges, and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering note secured by any encumbrance against the Premises, and late charges and penalties due to the Building or late payment of real property taxes on the ProjectPremises. AccordinglyTherefore, if any monthly installment of Base Rent, Additional Rent or any other amount sum payable by Tenant hereunder is not received by Landlord by the due date thereofwithin two (2) business days of due, Tenant shall promptly pay to Landlord an additional sum of five percent (5%) of the overdue amount as a late charge, but as liquidated damages, in no event more than an amount equal to six percent (6%) of such delinquent amount plus interest on such delinquent amount at the maximum rate equal to the prime rate plus three percent (3%) per year for every month or portion thereof that such sums remain unpaid. Notwithstanding the foregoing, Landlord waives the late charge allowed by lawfor the first (1st) instance during any calendar year of the Term of this Lease in which Tenant fails to timely pay Rent. If Tenant delivers to Landlord a check for which there are not sufficient funds, Landlord may require Tenant to replace such check with a cashier’s check for the amount of such check and all other charges payable hereunder. The parties agree that such this late charge represents and the other charges referenced above represent a fair and reasonable estimate of the costs that Landlord will incur by reason of any such late payment as hereinabove referred to by Tenant, excluding attorneys’ fees and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent paymentscosts. Acceptance of a any late charge or interest other charges shall not constitute a waiver by Landlord of Tenant’s default with respect to the overdue amount or delinquent amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord for any other breach of Tenant under this Lease or at law or in equity now or hereafter in effectLease.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereof, Tenant shall pay to Landlord an additional sum of five three percent (53%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawLaw; provided, however, that such late payment charge shall not apply to the first time within any calendar year in which Tenant fails to pay any Rent within ten (10) Business Days after the date on which it is due. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default Default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Monthly Basic Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Monthly Basic Rent or Direct Expenses or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereof, Tenant shall pay to Landlord an additional sum of five percent (5%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law; provided, however, the late charge shall not be payable with respect to the first late payment in any consecutive twelve (12) month period. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s 's money by TenantTenaxx, while xxile the payment of late charges is to compensate Landlord for Landlord’s 's processing, administrative and other costs incurred by Landlord as a result of Tenant’s 's delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s 's default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which will be extremely difficult and impractical to fixascertain. Such other costs include, without limitationbut are not limited to, processing, administrative processing and accounting charges charges, and late charges that which may be imposed on Landlord by the terms of any mortgage, mortgage or trust deed to secure debt, deed of trust or related loan documents encumbering covering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by the due date thereofor Landlord’s designee within ten (10) days after receipt of written notice that such amount is past due, Tenant shall pay to Landlord an additional sum of five as liquidated damages, a late charge equal to one percent (51%) of the such overdue amount as a late chargeplus interest at the rate provided for herein accruing from the date such sum was originally due, but plus any attorney fees incurred by Landlord in collecting such overdue Rent. Landlord agrees that no event more than such amounts shall be due upon the maximum late charge allowed by lawfirst receipt of an overdue notice from Landlord during the Term. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant. Such sum shall constitute additional rent hereunder. If Tenant is not otherwise in default of its obligations under this Lease, and acceptance of such late charge along with all of the payment of late charges and overdue amount (including any interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money thereon as required by Tenantthis Lease), while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the such overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effectamount.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent Tenant's Share of Operating Expense increases, parking charges, after hours HVAC charges, or other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which will be extremely difficult and impractical to fixascertain. Such other costs include, without limitationbut are not limited to, processing, administrative processing and accounting charges and late charges that which may be imposed on Landlord by the terms of any mortgage, mortgage or trust deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent Tenant's Share of Operating Expense increases, parking charges, after hours HVAC charges or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by the due date thereofwhen such amount shall be due, then, without any requirement for notice or demand to Tenant, Tenant shall immediately pay to Landlord an additional sum of five a late charge equal to six percent (56%) of the such overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawamount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest by Landlord shall not in no event constitute a waiver of Tenant’s 's default with respect to the such overdue amount or amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord granted hereunder including the assessment of interest under this Lease or at law or in equity now or hereafter in effectsection 13.5.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent Tenant's Share of Operating Expense increases, parking charges, after hours HVAC charges, or other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which will be extremely difficult and impractical to fixascertain. Such other costs include, without limitationbut are not limited to, processing, administrative processing and accounting charges and late charges that which may be imposed on Landlord by the terms of any mortgage, mortgage or trust deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent Tenant's Share of Operating Expense increases, parking charges, after hours HVAC charges or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by the due date thereofwithin five (5) days of when such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord an additional sum of five a late charge equal to six percent (56%) of the such overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawamount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest by Landlord shall not in no event constitute a waiver of Tenant’s 's default with respect to the such overdue amount or amount, nor prevent Landlord from exercising any of the other rights and remedies available granted hereunder including the assessment of interest under Section 13.5. Notwithstanding anything to the contrary contained in this Section 13.4 of the Lease, Landlord under this Lease or at law or agrees to waive imposition of such late charge on the first occasion in equity now or hereafter in effectany twelve (12) month period provided the overdue payment is made within five (5) business days after Landlord gives Tenant written notice that the payment was not made when due.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Monthly Rent or and other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which is extremely difficult and impractical to fixascertain. Such other costs include, without limitationinclude but are not limited to: administrative, processing, administrative and accounting charges accounting, and late charges that which may be imposed on Landlord by the terms of any contract, revolving credit, mortgage, or trust deed to secure debt, deed of trust or related loan documents encumbering covering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Monthly Rent or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by or its designee within ten (10) days after the due date thereofrent is due, Tenant shall pay to Landlord an additional sum of a late charge equal to five percent (5%) percent of such overdue amount, which late charge shall be due and payable on the same date that the overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawwas due. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, excluding interest and attorneys fees and costs. If any rent or other sum due from Tenant remains delinquent for a period in excess of thirty (30) days then, in addition to such late charge, Tenant shall pay to Landlord interest on any rent that is not paid when due at the payment of late charges and interest are distinct and separate Agreed Interest Rate specified in that Section 19.J following the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred date such amount became due until paid. Acceptance by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest shall not constitute a waiver of Tenant’s default with respect to the such overdue amount or nor prevent Landlord from exercising any of the other rights and remedies available to Landlord under granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Monthly Rent, then the Base Monthly Rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding any provision of this Lease or at law or in equity now or hereafter in effectto the contrary.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to If Landlord does not actually receive payment of any monthly installment of Base Rent, Additional Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent or any other amount payable by Tenant hereunder sums due at the designated place of payment within ten (10) days after the date it is not received by Landlord by the due date thereofdue, Tenant shall pay to Landlord an additional sum of five percent (a Late Charge equal to 5%) % of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred due to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate reimburse Landlord for Landlord’s processing, administrative cost and other costs inconvenience incurred by Landlord as a result of Tenant’s delinquent paymentsdelinquency. Acceptance The Late Charge is a cost associated with the collection of Rent and Landlord's acceptance of a late charge Late Charge does not waive Landlord's right to exercise its rights and remedies, including those under Paragraph 24 (Remedies of Landlord) herein. If Tenant fails to pay (i) any monthly installment of Base Rent due under this Lease by the 10th day of the month when due, or interest (ii) or any other component of Rent within 10 days after the same is due as specified in this Lease, more than once in any consecutive three (3) month period, Tenant, upon the delivery of written notice to Tenant by Landlord ("Additional Deposit Notice"), shall not constitute a waiver of Tenant’s default with respect pay to Landlord an amount equal to the overdue amount or prevent then-current monthly installment of Base Rent (the “Additional Deposit”) to be held and applied by Landlord from exercising as an addition to the Security Deposit delivered by Xxxxxx and held on account by Landlord upon Xxxxxx’s execution of this Lease pursuant to subparagraph 3.H, below. Landlord’s requirement of any of the Additional Deposit shall be in addition to any and all other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effectLease. If Tenant does not deliver the Additional Deposit to Landlord within ten (10) days after the delivery of the Additional Deposit Notice, such failure shall be an event of default under this Lease.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Annual Basic Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs includeInclude, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base RentAnnual Basic Rent or Operating Expenses, Additional Rent or any other amount payable by Tenant hereunder is not received by Landlord by within ten (10) days of the due date thereof, Tenant shall pay to Landlord an additional sum of five percent (5%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest Interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the ProjectCentre. Accordingly, if any monthly installment of Base Rent, Additional Rent or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereof, Tenant shall pay to Landlord an additional sum of five percent (5%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect. Landlord agrees to waive the late charge and interest in connection with the first delinquent payment by Tenant in any 12-month period provided Tenant makes such payment in full, within five (5) days after written notice from Landlord.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or and other sums due under this Lease will cause Landlord to incur additional costs not contemplated by this Lease, the exact amount of such costs being which will be extremely difficult and impractical or impossible to fixascertain. Such other additional costs include, without limitation, processing, administrative include processing and accounting charges and late charges that which may be imposed on upon Landlord by the terms of any mortgage, deed to secure debt, mortgage or deed of trust or related loan documents encumbering covering the Premises, the Building or the Project. AccordinglyTherefore, if any monthly installment of Base Rent, Additional Rent or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by within five (5) days after the due date thereofthat such amount is due, Tenant shall pay to Landlord an additional sum a late charge equal to the greater of five percent (5%a) $250.00, or (b) the highest maximum legal interest rate per annum permitted from time to time under applicable Colorado State Law, of the overdue amount as then delinquent amount. Such interest shall compound annually. Tenant will pay a late charge$75.00 handling fee to Landlord, but in no event more than the maximum late charge allowed by lawfor each returned bank check. The parties agree hereby acknowledge, warrant and represent that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest by Landlord shall not in no event constitute a waiver of Tenant’s default an Event of Default with respect to the such overdue amount or prevent Landlord from exercising any or all of the other rights and remedies available granted under this Lease. In the event Tenant tenders a payment that is returned by the bank for insufficient funds or for any other reason the payment is not negotiated and/or deposited by bank, Tenant shall make all future payments to Landlord under this Lease by wire or at law electronic transfer, by cashier’s check or by an automatic payment from Tenant’s bank account to Landlord’s account, in equity now each case without cost to Landlord. The acceptance of late charges and returned check charges by Landlord will not constitute a waiver of any Tenant default nor any other rights or hereafter in effectremedies of Landlord.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent Tenant’s Share of Operating Expenses or other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which will be extremely difficult and impractical to fixascertain. Such other costs include, without limitationbut are not limited to, processing, administrative processing and accounting charges charges, and late charges that may be imposed on Landlord by the terms of any mortgage, mortgage or trust deed to secure debt, deed of trust covering the Industrial Center or related loan documents encumbering the Premises, the Building or the Projectany part thereof. Accordingly, if any monthly installment of Base Rent, Additional Rent Operating Expenses, or any other amount payable by sum due from Tenant hereunder is not received by Landlord by the due date thereofor Landlord’s designee within ten (10) days after such amount is due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord an additional sum of five a late charge equal to six percent (56%) of the such overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawamount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest by Landlord shall not in no event constitute a waiver of Tenant’s default with respect to the such overdue amount or amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord under granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of any of the aforesaid monetary obligations of Tenant, then Base Rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding paragraph 4.1 or any other provision of this Lease or at law or in equity now or hereafter in effectto the contrary.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Basic Annual Rent, Additional Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Annual Basic Rent, Additional Rent or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereof, Tenant shall pay to Landlord an additional sum of five percent (5%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Tenant acknowledges acknowledged that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Monthly Basic Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Monthly Basic Rent or Operating Expenses or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereof, Tenant shall pay to Landlord an additional sum of five ten percent (510%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent (including Percentage Rent, Additional Rent ) or other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which is extremely difficult and impractical to fixascertain. Such other costs include, without limitationbut are not limited to, processing, administrative processing and accounting charges charges, and late charges that which may be imposed on upon Landlord by the terms of any mortgage, deed to secure debt, mortgage or deed of trust or related loan documents encumbering covering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by the due date thereofor Landlord's designee within ten (10) days after written notice from Landlord to Tenant that said amount is due, then Tenant shall pay to Landlord an additional sum of a late charge equal to five percent (5%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawamount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any the late payment as hereinabove referred to of Rent by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest such latx xxxrge by Landlord shall not in no event constitute a waiver of Tenant’s 's default with respect to the such overdue amount or amount, nor prevent Landlord from exercising any of the other rights and remedies available granted hereunder. The late charge shall be deemed Additional Rent and the right to Landlord under this Lease require it shall be in addition to all of Landlord's other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord's remedies in equity now any manner. In addition to the late charge described above, any Rent or hereafter in effectother amounts owing hereunder which are not paid within ten (10) days after written notice from Landlord to Tenant that they are due shall bear interest from the date when due until paid at a rate per annum equal to the then prime rate established by the Federal Reserve plus three percent (3%) ("Interest Rate").

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent Tenant’s Share of Operating Expense increases, parking charges, after hours HVAC charges, or other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which will be extremely difficult and impractical to fixascertain. Such other costs include, without limitationbut are not limited to, processing, administrative processing and accounting charges and late charges that which may be imposed on Landlord by the terms of any mortgage, mortgage or trust deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent Tenant’s Share of Operating Expense increases, parking charges, after hours HVAC charges or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by the due date thereofwhen such amount shall be due, then, without any requirement for notice or demand to Tenant, Tenant shall immediately pay to Landlord an additional sum of a late charge equal to five percent (5%) of such overdue amount; provided, however, that Landlord shall waive the overdue amount as a late charge, but in no event more than the maximum late charge allowed one (1) time during each calendar year of the term of this Lease if Tenant pays all overdue sums within five (5) days after receipt of written notice by lawLandlord to Tenant advising Tenant that such payment is overdue. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest by Landlord shall not in no event constitute a waiver of Tenant’s default with respect to the such overdue amount or amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord granted hereunder including the assessment of interest under this Lease or at law or in equity now or hereafter in effectsection 13.5.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent rent or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereof, Tenant shall pay to Landlord an additional sum of five ten percent (510%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law; provided, however, for the first two (2) times in any consecutive twelve (12) month period, such late charge shall not be payable unless Tenant fails to make such payment within three (3) days following the date Tenant receives written notice from Landlord that such Rent is past due. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s 's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s 's processing, administrative and other costs incurred by Landlord as a result of Tenant’s 's delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s 's default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Landlord and Tenant acknowledges thatagree that the fixing of actual damages for Tenant’s breach of any of the provisions of this Lease, in addition including but not limited to interest costs, the late payments payment by Tenant to Landlord of any monthly installment of Base RentRent and other amounts due hereunder, Additional Rent or other sums due under this Lease will would cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which would be extremely difficult and impractical or impracticable to fixascertain. Such other costs include, without limitationinclude but are not limited to accounting, processing, administrative administrative, legal and accounting clerical charges and late charges that charge which may be imposed on upon Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering mortgage covering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent or any other amount payable by sum due from Tenant hereunder is has not been received by Landlord by the due date thereofor Landlord’s agent within five (5) days after such amount was due, Tenant shall pay to Landlord an additional a late charge in the form of interest on the delinquent installment of Rent or any other delinquent sum of five due from Tenant equal to two percent (52%) of per annum plus the overdue so called “Prime Rate” published in The Wall Street Journal, as the same may change from time to time, not to exceed the highest rate then allowed under applicable usury laws, computed from the date any such amount as a late charge, but in no event more than became due through and including the maximum late charge allowed by lawdate such amount is fully paid. The parties agree Tenant hereby agrees that such said late charge represents a fair and reasonable estimate of the costs that cost Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest by Landlord shall not constitute a waiver of Tenant’s default with respect to the such overdue amount or nor prevent Landlord from exercising any of the other rights and remedies available to Landlord under provided for in this Lease or Lease, at law or in equity now or hereafter in effectequity. Tenant understands and agrees to the foregoing provisions relating to late charges.

Late Charges. If Tenant acknowledges thatfails to pay any Base Rent or regularly scheduled payments of Additional Rent (i.e., in addition to interest costs, the late payments by Tenant to estimated Operating Taxes and Real Estate Tax payments) within thirty (30) days after notice from Landlord of any monthly installment a delinquency, interest shall accrue on such unpaid amount at the Lease Interest Rate until paid in full. In addition, such unpaid amounts of Base Rent, Rent or regularly scheduled payments of Additional Rent or other sums due under this Lease will cause Landlord be subject to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical a late payment charge equal to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereof, Tenant shall pay to Landlord an additional sum of five one percent (51%) of the overdue unpaid amounts if Tenant does not pay such delinquent amounts to Landlord within ten (10) days after written notice from Landlord to Tenant of such delinquency; provided, however, that if Tenant is twice delinquent in any twelve (12) consecutive month period, Landlord shall have no further obligation to provide notice of any delinquency to Tenant during such 12 month period, during such 12 month period the late payment charge shall be due and owing if Tenant thereafter fails to pay any installment of Base Rent or Additional Rent within ten (10) days of the date the same is due and payable, and during such 12 month period interest shall begin to accrue on such unpaid amount at the Lease Interest Rate if Tenant thereafter fails to pay any such installment of Base Rent or Additional Rent within thirty (30) days after the date the same is due and payable. Such late payment charge has been agreed upon by Landlord and Tenant, after negotiation, as a late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the additional administrative costs and detriment that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs be incurred by Landlord as a result of any such failure by Tenant’s delinquent payments, the actual costs thereof being extremely difficult if not impossible to determine. Acceptance of a The late payment charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights constitutes fair and remedies available reasonable compensation to Landlord under this Lease or at law or in equity now or hereafter in effectfor its damages resulting from such failure by Tenant to timely pay and shall be paid to Landlord together with such unpaid amounts.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Monthly Rent or and other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which is extremely difficult and impractical to fixascertain. Such other costs include, without limitationinclude but are not limited to: administrative, processing, administrative and accounting charges accounting, and late charges that which may be imposed on Landlord by the terms of any contract, revolving credit, mortgage, or trust deed to secure debt, deed of trust or related loan documents encumbering covering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Monthly Rent or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by the or its designee within five (5) business days after notice that such payment is past due date thereof, (provided however no such notice is required if Landlord has given such notice more than twice in any given calendar year). Tenant shall pay to Landlord an additional sum of a late charge equal to five percent (5%) percent of such overdue amount, which late charge shall be due and payable on the same date that the overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawwas due. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, excluding interest and attorneys’ fees and costs. If any rent or other sum due from Tenant remains delinquent for a period in excess of thirty (30) days then, in addition to such late charge, Tenant shall pay to Landlord interest on any rent that is not paid when due at the payment of late charges and interest are distinct and separate Agreed Interest Rate specified in that Section 20.J following the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred date such amount became due until paid. Acceptance by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest shall not constitute a waiver of Tenant’s default with respect to the such overdue amount or nor prevent Landlord from exercising any of the other rights and remedies available to Landlord under granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Monthly Rent, then the Base Monthly Rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding any provision of this Lease or at law or in equity now or hereafter in effectto the contrary.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Monthly Basic Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Monthly Basic Rent or Project Operating Expenses or any other amount payable by Tenant hereunder is not received by Landlord by within ten (10) days of the due date thereof, Tenant shall pay to Landlord an additional sum of five percent (5%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law; provided, however, no late charge shall apply to the first late payment in any calendar year during the Term. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s 's money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s 's processing, administrative and other costs incurred by Landlord as a result of Tenant’s 's delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s 's default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Basic Annual Rent, Additional Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Basic Annual Rent, Additional Rent or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereof, Tenant shall pay to Landlord an additional sum of five percent (5%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Tenant acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or and other sums due charges provided for under this Lease will shall cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical or impracticable to fix. Such other costs include, without limitationbut are not limited to, processing, administrative processing and accounting charges charges, and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering encumbrance and notes secured by any encumbrance covering the Premises, or late charges and penalties due to late payment of Real Property Taxes due on the Building or the ProjectPremises. AccordinglyTherefore, if any monthly installment of Base Rent, Additional Rent or any other amount payable by charge due from Tenant hereunder is not received by Landlord by the due date thereofwithin seven (7) days after Tenant’s receipt of written notice of such delinquent payment, Tenant shall pay to Landlord an additional sum of five equal to three percent (53%) of the amount overdue amount as a one (1) time late charge, but in no event more than the maximum late charge allowed whether or not Landlord has exercised any remedy herein provided for default by lawTenant. The parties agree that such this late charge represents a fair and reasonable estimate of the costs that Landlord will shall incur by reason of any the late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a any late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effecton account thereof.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent or any other amount payable by Tenant hereunder is not received by Landlord by within five (5) days after the due date thereof, Tenant shall pay to Landlord an additional sum of five percent (5%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Tenant acknowledges that, in addition to interest costs, the that late payments by Tenant to Landlord payment of any monthly installment of Base Rent, Additional Rent or other sums due under this Lease will rent shall cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which shall be extremely difficult and impractical to fixascertain. Such other These costs include, without limitationbut are not limited to, processing, administrative processing and accounting charges charges, and late charges that which may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the ProjectSuperior Leases and Mortgages. Accordingly, subject to the provisions of this Section 31.6, if any monthly installment of Base Rent, Additional Monthly Rent or any other scheduled periodic monthly payment of additional rent (the timing and amount payable by of each has been provided to Tenant hereunder in writing reasonably in advance of the due date therefor) due from Tenant is not received by Landlord by or Landlord’s designee within five (5) days after the due date thereofamount is due, Tenant shall pay to Landlord an additional sum of five a late charge equal to two percent (52%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawamount. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment Acceptance of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s default with respect to the overdue amount or amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease granted hereunder or at law or in equity now or hereafter equity. Notwithstanding any provision of this Lease to the contrary, Landlord shall not charge Tenant any such late charge for the first two (2) occurrences (“Grace Occurrences”) during any calendar year with respect to which a late charge would otherwise be payable hereunder so long as any such payment to which such Grace Occurrences would otherwise apply is paid in effectfull within five (5) days of delivery of written notice of the delinquency of such payment by Landlord to Tenant.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of any monthly installment of Base Yearly Rent, Additional Rent Tenant's Proportionate Share of Operating Costs and Taxes, after hours additional heat, cleaning or air conditioning service charges, or other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which will be extremely difficult and impractical to fixascertain. Such other costs include, without limitationbut are not limited to, processing, administrative processing and accounting charges and late charges that which may be imposed on Landlord by the terms of any mortgage, mortgage or trust deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the ProjectBuilding. Accordingly, if any monthly installment of Base Yearly Rent, Additional Rent Tenant's Proportionate Share of Operating Costs and Taxes, after hours additional heat, cleaning or air conditioning service charges or any other amount payable by sum due from Tenant hereunder is shall not be received by Landlord by the due date thereofwhen such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord an additional sum of five a late charge equal to four percent (54%) of the such overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawamount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a such late charge or interest by Landlord shall not in no event constitute a waiver of Tenant’s 's default with respect to the such overdue amount or amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord granted hereunder including the assessment of interest under this Lease or at law or in equity now or hereafter in effectArticle 21.6.

Late Charges. Tenant hereby acknowledges that, in addition to interest costs, the that late payments payment by Tenant to Landlord of Rent and any monthly installment of Base Rent, Additional Rent or other sums due under this Lease hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being which will be extremely difficult and impractical to fixascertain. Such other costs include, without limitationbut are not limited to, processing, administrative processing and accounting charges charges, and late charges that which may be imposed on Landlord by the terms of any mortgage, mortgage or trust deed to secure debt, deed of trust or related loan documents encumbering covering the Premises, the Building or the Project. Accordingly, if in the event that Landlord does not receive any monthly installment of Base Rent, Additional Rent or any other sum due from Tenant within five (5) business days after such amount payable is due, including without limitation, monthly payments for Base Rent and Tenant’s Share of Estimated Operating Costs required to be wire transferred to an account designated by Tenant hereunder is not received by Landlord by the due date thereofLandlord, then without any requirement for notice to Tenant, Tenant shall pay to Landlord an additional sum of five a late charge equal to ten percent (510%) of the such overdue amount as a late charge, but in no event more than the maximum late charge allowed by lawamount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, Tenant and the payment of that such late charges and interest are distinct and separate in that the payment of interest charge is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as not a result of Tenant’s delinquent paymentspenalty. Acceptance of a such late charge or interest by Landlord shall not in no event constitute a waiver of Tenant’s default with respect to the such overdue amount or amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord under granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) installments of Rent within any period of twelve (12) consecutive months, then Base Rent and installments Tenant’s Share of monthly Estimated Operating Cost, as provided in Section 7.2, shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Section 7.2 or any other provision of this Lease or at law or in equity now or hereafter in effectto the contrary.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Monthly Basic Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Monthly Basic Rent or Operating Expenses or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereof, Tenant shall pay to Landlord an additional sum of five ten percent (510%) of the overdue amount as a late charge, but in no event more than the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. Acceptance of a late charge or interest shall not constitute a waiver of Tenant’s 's default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect.

Late Charges. Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to Landlord of any monthly installment of Base Rent, Additional Monthly Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed to secure debt, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Base Rent, Additional Rent or any other amount payable by Tenant hereunder is not received by Landlord by the due date thereofwithin ten (10) days following written notice that such amount is due, Tenant shall pay to Landlord an additional sum of five percent (5%) of the overdue amount as a late chargecharge for the first late charge due and payable by Tenant pursuant to this Section 23.7 in any calendar year, but or ten (10%) of the overdue amount as a late charge for the second and any subsequent late charge due and payable by tenant pursuant to this Section 23.7 in any calendar year. However, in no event shall any late charge be more than the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s 's money by TenantXxxxxx, while the payment of late charges is to compensate Landlord for Landlord’s 's processing, administrative and other costs incurred by Landlord as a result of Tenant’s 's delinquent payments. Acceptance of a late charge or interest or waiver of a late charge shall not constitute a waiver of Tenant’s 's default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to In Landlord under this Lease or at law or in equity now or hereafter in effect.